`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ARISTOCRAT TECHNOLOGIES, INC.,
`Petitioner,
`
`
`
`v.
`
`
`
`IGT,
`Patent Owner.
`
`
`
`Case No. To Be Assigned
`Patent No. 7,927,206
`
`
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,927,206
`UNDER 35 U.S.C. §§311-319 AND 37 C.F.R. §42.100 et seq.
`
`
`
`
`
`
`
`Docket No. 034786.0010-US12
`
`LIST OF EXHIBITS
`
`Description
`U.S. Patent No. 7,927,206 (the “’206 patent”)
`File History for U.S. Patent No. 7,927,206
`U.S. Patent No. 6,491,584 (“Graham”)
`U.S. Patent No. 6,648,758 (“Bennett”)
`World of Slots ’99, Casino Journal, September 1999 (“WOS”)
`INTENTIONALLY LEFT BLANK
`Declaration of Stacy A. Friedman
`Curriculum vitae of Stacy A. Friedman
`Slots For a New Millennium, Casino Player (1999)
`Something Fishy, Strictly Slots, Dec. 1998
`INTENTIONALLY LEFT BLANK
`John Grochowski, THE SLOT MACHINE ANSWER BOOK (1999)
`Latest Game Releases, NewsReel, Issue One 2001
`File History for U.S. Patent No. 6,913,532
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`Declaration of Scott Bennett
`Attachment A to Bennett Declaration (Ex. 1020): Curriculum
`vitae of Scott Bennett
`Attachment 1a to Bennett Declaration (Ex. 1020): Statewide
`Illinois Library Catalog Record for Casino Journal
`Attachment 1b to Bennett Declaration (Ex. 1020): University of
`Central Florida Library catalog record for Casino Journal
`Attachment 1c to Bennett Declaration (Ex. 1020): Copy of
`“World of Slots ’99” from the University of Central Florida
`Library
`Attachment 1d to Bennett Declaration (Ex. 1020): Copy of
`“World of Slots ’99” from Northeastern State University Library
`
`Exhibit
`Ex. 1001
`Ex. 1002
`Ex. 1003
`Ex. 1004
`Ex. 1005
`Ex. 1006
`Ex. 1007
`Ex. 1008
`Ex. 1009
`Ex. 1010
`Ex. 1011
`Ex. 1012
`Ex. 1013
`Ex. 1014
`Ex. 1015
`Ex. 1016
`Ex. 1017
`Ex. 1018
`Ex. 1019
`Ex. 1020
`Ex. 1021
`
`Ex. 1022
`
`Ex. 1023
`
`Ex. 1024
`
`Ex. 1025
`
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`Docket No. 034786.0010-US12
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`TABLE OF CONTENTS
`
`I. Mandatory Notices (37 C.F.R. §42.8(a)(1)) ....................................................... 5
`
`A.
`
`B.
`
`C.
`
`D.
`
`Real Party-In-Interest (37 C.F.R. §42.8(b)(1)) ........................................ 5
`
`Related Matters (37 C.F.R. §42.8(b)(2)) .................................................. 5
`
`Lead and Backup Counsel (37 C.F.R. §42.8(b)(3)) ................................. 5
`
`Service Information (37 C.F.R. §42.8(b)(4)) ........................................... 5
`
`II.
`
`Fees (37 C.F.R. §42.103) .................................................................................... 6
`
`III. Requirements for IPR Under 37 C.F.R. §42.104 ............................................... 6
`
`A. Grounds for Standing (37 C.F.R. §42.104(a)) ......................................... 6
`
`B.
`
`C.
`
`Citation of Prior Art .................................................................................. 6
`
`Claims and Statutory Grounds (37 C.F.R. §§42.104(b)(1) &
`(b)(2)) ........................................................................................................ 7
`
`D. Unpatentability of the Construed Claims (37 C.F.R.
`§42.104(b)(4)) ........................................................................................... 7
`
`E.
`
`Supporting Evidence (37 C.F.R. §42.104(b)(5)) ..................................... 7
`
`IV. Background on Slot Machines ............................................................................ 7
`
`V.
`
`Summary of the ’206 Patent ................................................................................ 8
`
`A. Overview of the ’206 Patent ..................................................................... 8
`
`B.
`
`Person of Ordinary Skill in the Art ........................................................ 10
`
`VI. There is a Reasonable Likelihood that Petitioner Will Prevail With
`Respect to at Least One Claim of the ’206 Patent ............................................ 10
`
`A.
`
`Prior Art .................................................................................................. 10
`
`1.
`
`2.
`
`Graham (Ex. 1003) ...................................................................... 11
`
`Bennett (Ex. 1004) ....................................................................... 12
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`Docket No. 034786.0010-US12
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`3. World of Slots ’99 (“WOS”) (Ex. 1005)...................................... 13
`
`B. Ground I: Claims 1−39 Are Unpatentable Under 35 U.S.C. §103
`As Obvious Over the Combination of Graham, Bennett, and
`World of Slots ......................................................................................... 15
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`Claim 1 ......................................................................................... 15
`
`Claim 2 ......................................................................................... 29
`
`Claim 3 ......................................................................................... 32
`
`Claim 4 ......................................................................................... 33
`
`Claim 5 ......................................................................................... 34
`
`Claim 6 ......................................................................................... 35
`
`Claim 7 ......................................................................................... 36
`
`Claim 8 ......................................................................................... 38
`
`Claim 9 ......................................................................................... 39
`
`10. Claim 10 ....................................................................................... 44
`
`11. Claim 11 ....................................................................................... 45
`
`12. Claim 12 ....................................................................................... 45
`
`13. Claim 13 ....................................................................................... 45
`
`14. Claim 14 ....................................................................................... 46
`
`15. Claim 15 ....................................................................................... 46
`
`16. Claim 16 ....................................................................................... 49
`
`17. Claim 17 ....................................................................................... 51
`
`18. Claim 18 ....................................................................................... 51
`
`19. Claim 19 ....................................................................................... 52
`
`20. Claim 20 ....................................................................................... 53
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`Docket No. 034786.0010-US12
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`21. Claim 21 ....................................................................................... 54
`
`22. Claim 22 ....................................................................................... 54
`
`23. Claim 23 ....................................................................................... 54
`
`24. Claim 24 ....................................................................................... 54
`
`25. Claim 25 ....................................................................................... 55
`
`26. Claim 26 ....................................................................................... 55
`
`27. Claim 27 ....................................................................................... 55
`
`28. Claim 28 ....................................................................................... 56
`
`29. Claim 29 ....................................................................................... 57
`
`30. Claim 30 ....................................................................................... 58
`
`31. Claim 31 ....................................................................................... 58
`
`32. Claim 32 ....................................................................................... 59
`
`33. Claim 33 ....................................................................................... 59
`
`34. Claim 34 ....................................................................................... 60
`
`35. Claim 35 ....................................................................................... 63
`
`36. Claim 36 ....................................................................................... 63
`
`37. Claim 37 ....................................................................................... 64
`
`38. Claim 38 ....................................................................................... 65
`
`39. Claim 39 ....................................................................................... 65
`
`VII. Conclusion ......................................................................................................... 65
`
`
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`Docket No. 034786.0010-US12
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`I. MANDATORY NOTICES (37 C.F.R. §42.8(A)(1))
`A. Real Party-In-Interest (37 C.F.R. §42.8(b)(1))
`The real parties in interest for this Petition are Aristocrat Technologies, Inc.
`
`(“Petitioner”); Aristocrat International Pty Ltd.; Aristocrat Technologies Australia
`
`Pty Ltd.; and Aristocrat Leisure Limited.
`
`B. Related Matters (37 C.F.R. §42.8(b)(2))
`U.S. Patent No. 7,927,206 (“the ’206 Patent”) is currently the subject of
`
`litigation against Petitioner in the District of Nevada, captioned IGT v. Aristocrat
`
`Technologies, Inc. (Civil Action No. 2:15-cv-00473).
`
`C. Lead and Backup Counsel (37 C.F.R. §42.8(b)(3))
`Petitioner
`designates Andrea G. Reister
`(Reg. No.
`
`36,253,
`
`areister@cov.com) as lead counsel and Jay I. Alexander (Reg. No. 32,678,
`
`jalexander@cov.com) as back-up counsel, both of Covington & Burling LLP, One
`
`CityCenter, 850 Tenth Street, NW, Washington, DC 20001 (postal and hand
`
`delivery), telephone: 202-662-6000, facsimile: 202-662-6291.
`
`Service Information (37 C.F.R. §42.8(b)(4))
`
`D.
`Service information is provided in §I.C. A power of attorney is submitted
`
`with this Petition. Counsel for Petitioner consents to service of all documents via
`
`email.
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`Docket No. 034786.0010-US12
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`II.
`
`FEES (37 C.F.R. §42.103)
`
`The undersigned authorizes the Office to charge $36,400 ($12,800 request
`
`fees and $23,600 post-institution fees) to Deposit Account No. 50-0740 for the fees
`
`set forth in 37 C.F.R. §42.15(a) for this Petition. The undersigned further
`
`authorizes payment for any additional fees due with this Petition to be charged to
`
`this Deposit Account.
`
`III. REQUIREMENTS FOR IPR UNDER 37 C.F.R. §42.104
`A. Grounds for Standing (37 C.F.R. §42.104(a))
`Pursuant to 37 C.F.R. §42.104(a), Petitioner certifies that the ’206 Patent is
`
`available for Inter Partes Review (“IPR”), and that Petitioner is not barred or
`
`estopped from requesting an IPR challenging the ’206 Patent on the grounds
`
`identified below.
`
`B. Citation of Prior Art
`Exhibit
`Reference
`
`Publication
`
`Availability
`
`or Filing Date
`
`as Prior Art
`
`Ex. 1003 U.S. Patent No. 6,491,584
`
`Filed March
`
`§102(e)
`
`(“Graham”)
`
`29, 2001
`
`Ex. 1004 U.S. Patent No. 6,648,758
`
`Filed July 25,
`
`§102(e)
`
`(“Bennett”)
`
`2001
`
`Ex. 1005 World of Slots ’99, Casino Journal,
`
`Published
`
`§§102(a)&(b)
`
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`Docket No. 034786.0010-US12
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`September 1999 (“WOS”)
`
`Sept. 1999
`
`
`
`C. Claims and Statutory Grounds (37 C.F.R. §§42.104(b)(1) & (b)(2))
`The relief requested by Petitioner is that claims 1−39 of the ’206 Patent be
`
`found unpatentable and cancelled on the following ground.
`
`Ground Claims Basis
`
`I
`
`1−39
`
`Under 35 U.S.C. §103 as obvious over the combination of
`
`Graham, Bennett, and World of Slots
`
`D. Unpatentability of the Construed Claims (37 C.F.R. §42.104(b)(4))
`An explanation of how Claims 1−39 are unpatentable under the above
`
`statutory ground, is provided in §VI.
`
`Supporting Evidence (37 C.F.R. §42.104(b)(5))
`
`E.
`The exhibit numbers of the supporting evidence relied upon to support the
`
`challenge and the relevance of the evidence to the challenge raised, including
`
`identifying specific portions that support the challenge, are provided below. An
`
`Exhibit List with the exhibit numbers and a brief description of each exhibit is set
`
`forth above.
`
`IV. BACKGROUND ON SLOT MACHINES
`Traditionally, game designers often focused on gameplay, including the use of
`
`various “bonus games” (or “secondary games”), as a means for differentiating a
`
`gaming device from the competition. Ex. 1007, ¶¶14−23. To attract players,
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`designers often imitated popular gameplay elements and incorporated them into new
`
`gaming devices. Id.
`
`One earlier type of game, often referred to as “Australian-style slots” because
`
`of its origin, offered scatter pays, second screen bonuses, multiple paylines, and
`
`allowed multiple coins to be bet per payline. Id., ¶¶21−22, 89; Ex. 1012, 65; Ex.
`
`1005, 62. For example, Aristocrat’s highly successful line-up of second screen bonus
`
`games included “Indian Dreaming” and “Queen of the Nile.” Ex. 1007, ¶¶21−22.
`
`Both were multiple payline video slot games with themes; for example, “Queen of
`
`the Nile” had an ancient Egypt/Cleopatra theme and offered a base game where the
`
`Cleopatra symbol was a “wild” symbol. Id. The games also offered a free-spin
`
`bonus game in which the bonus game could be re-triggered (additional spins
`
`awarded) if a specified number of scattered pyramid symbols appeared. Id.
`
`V.
`
`SUMMARY OF THE ’206 PATENT
`A. Overview of the ’206 Patent
`The ’206 Patent (Ex. 1001), which issued on April 19, 2011, is entitled
`
`“Gaming Device Having a Re-Triggering Symbol Bonus Scheme.” The ’206
`
`Patent claims priority to U.S. Patent Application No. 09/981,133, filed October 15,
`
`2001, which subsequently issued as U.S. Patent No. 6,913,532 (the “’532 Patent”).
`
`Thus, publications made public before October 15, 2000 are prior art under 35
`
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`U.S.C. §102(b). Further, U.S. patents that issued from a U.S. application before
`
`October 15, 2001 are prior art under 35 U.S.C. §102(e).
`
`The ’206 Patent is directed to a “gaming device.” Ex. 1001, Title. As used
`
`in the patent, “gaming device” is a broad term that includes, among other things,
`
`video slot machines in which a player places a wager and then “spins” virtual
`
`reels—computer processor-controlled animations of reel images on a video display
`
`screen—and receives awards if the reels display certain predefined symbol
`
`combinations when the reels stop. Ex. 1007, ¶¶27−28; see Ex. 1001, 3:1−17.
`
`The initial reel spin is called the “primary” or “base” game. Ex. 1007,
`
`¶¶27−28, 31. The ’206 Patent describes prior art gaming machines that also
`
`included secondary or “bonus” games that differed from the primary game. See Ex.
`
`1001, 1:30−33; Ex. 1007, ¶¶29−30, 32.
`
`The goal of the ’206 Patent is to provide “players with new and different
`
`gaming devices with new and different bonus schemes for the enjoyment and
`
`entertainment of players.” Id., 1:34–36. As the specification notes, “[i]n many
`
`[then presently available] games, a triggering event such as a symbol or
`
`combination of symbols yield one or more opportunities or chances in a bonus or
`
`secondary game, which is played in addition to the base game.” Id., 1:30−33. The
`
`purported innovation concerns the retriggering of a bonus game from within that
`
`bonus game. Id., 2:21−22 (“It is therefore an advantage to provide a gaming device
`
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`having a re-triggering symbol bonus scheme.”). The “present invention” is
`
`directed to making the retriggering event “more likely to occur in the bonus game”
`
`than the initial triggering event in the base game. Id., 1:59−65; Ex. 1007, ¶¶33−37.
`Person of Ordinary Skill in the Art
`B.
`A person of ordinary skill in the art of the ’206 Patent at the time of the
`
`alleged invention (“POSA”) would have had at least three to five years of
`
`experience with designing and developing gaming device systems with electronic
`
`video displays. Ex. 1007, ¶13. A POSA’s experience also would include working
`
`with a multi-disciplinary team including creative artists, mechanical and electrical
`
`engineers, design and regulatory specialists to develop a working, approvable
`
`gaming device. Id.
`
`VI. THERE IS A REASONABLE LIKELIHOOD THAT PETITIONER
`WILL PREVAIL WITH RESPECT TO AT LEAST ONE CLAIM OF
`THE ’206 PATENT
`
`The subject matter of claims 1−39 of the ’206 Patent is disclosed and taught
`
`in the prior art as explained below. The references and combinations utilized in
`
`Ground I render obvious each of claims 1−39 under 35 U.S.C. §103 and provide a
`
`reasonable likelihood that the Petitioner will prevail on at least one claim. 35
`
`U.S.C. §314(a).
`
`Prior Art
`
`A.
`Paragraphs 14−26 of the Friedman Declaration, Ex. 1007, describe the state
`
`of the art in the gaming industry before October 2001. As that discussion and the
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`prior art make clear, the purported innovation of the ’206 Patent was well known
`
`before the patent was filed. A discussion of the disclosures of the key prior art
`
`relied upon follows.
`
`1. Graham (Ex. 1003)
`Graham was filed on March 29, 2001 and issued on December 10, 2002.
`
`The examiner cited Graham during prosecution of the ’532 Patent, but did not raise
`
`or resolve the same issues presented in this Petition. See Ex. 1014. Graham
`
`qualifies as prior art under at least pre-AIA 35 U.S.C. §102(e).
`
`Graham describes a gaming machine wherein a “trigger condition” in the
`
`base game such as “the appearance of three scatter symbols anywhere on the
`
`display means” awards an “initial series of free games” along with a “bonus
`
`feature.” Ex. 1003, 1:29−45, 2:24−25. Graham discloses that “any types of base
`
`games [can be] played on a gaming machine,” but that “the invention would be
`
`particularly applicable in respect of spinning reel-type base games[.]” Id., 2:16−20.
`
`Graham also explains that the “initial series of free games” may be, for example,
`
`ten free games. Id., 3:9−10. During the initial series of free games, if another
`
`trigger condition occurs, a subsequent series of free games including a bonus
`
`feature is awarded and implemented immediately. Id., 1:29−45.
`
`A “trigger condition” triggers both the initial series of free games and
`
`subsequent series of free games. Id., 1:36−40, 2:21−22. Graham explains that “[t]he
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`Docket No. 034786.0010-US12
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`trigger condition which triggers the subsequent and any further series of free games is
`
`the same as the trigger condition which triggered the initial series of free games.” Id.,
`
`2:21−23 (emphasis added). Graham further explains that the frequency of the
`
`“trigger condition” can be “adjusted as necessary or required” by “changing the
`
`length or layout of the reel strips.” Id., 3:59−64. For example, the “trigger frequency
`
`may decrease for at least some of the series of free games by changing the length or
`
`layout of the reel strips.” Id.
`
`Bennett (Ex. 1004)
`
`2.
`Bennett was filed on July 25, 2001, and issued on November 18, 2003.
`
`Bennett qualifies as prior art under at least pre-AIA 35 U.S.C. §102(e). Bennett
`
`was not considered during prosecution of the ’206 Patent.
`
`Bennett is directed to a spinning reel-type game. Ex. 1004, 3:28−34.
`
`Bennett discloses a free spin bonus game that is triggered during the base game.
`
`See id., 1:29−45. The base game in Bennett is “typically a video reel game (a
`
`video simulation of spinning reels)[.]” Id., 3:66−4:1. The bonus game may be
`
`triggered by the “occurrence of a predetermined combination of symbols on the
`
`display” such as “a specific picture symbol on the first reel and a different specific
`
`picture symbol on the last reel.” Id., 4:1−17. In one embodiment, Bennett
`
`discloses that when the bonus game is triggered, “the player may choose to add
`
`extra symbols to the [bonus] feature games that did not appear in the base game.”
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`Id., 4:65−67 (emphasis added). In another embodiment, Bennett discloses that
`
`players “may alter the quantity of a certain symbol that appears on the virtual reels
`
`of the video reel game.” Id., 5:1−3.
`
`3. World of Slots ’99 (“WOS”) (Ex. 1005)
`WOS is an article published in the September 1999 edition of Casino Journal
`
`magazine. Ex. 1005, 56−92. Among other games, WOS describes an Aristocrat
`
`game called “Queen of the Nile” that included a re-triggering feature. Ex. 1005,
`
`62; Ex. 1007, ¶¶70−76.
`
`WOS indicates a publication date of September 1999. Ex. 1005, 1. In
`
`addition, the cover page and table of contents of the copy included as Exhibit 1005
`
`bears a stamp of the University of Central Florida Library (“UCFL”) dated October
`
`4, 1999. Id., 1−2. The cover page also bears an address label to UCFL, as well as
`
`a stamp identifying the document as “Presorted and Printed Matter” that had “US
`
`Postage Paid” in Las Vegas Nevada under Permit #2543. Id. These indicia on the
`
`face of the magazine indicate that WOS was published more than one year before
`
`the effective priority date of the ’206 Patent, and thus WOS is prior art under both
`
`pre-AIA 35 U.S.C. §§102(a)&(b). WOS was not considered during prosecution of
`
`the ’206 Patent.
`
`Moreover, the Bennett Declaration (Ex. 1020) provides “competent
`
`evidence” to show that WOS qualifies as a “printed publication” under pre-AIA 35
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`U.S.C. §102. In re Hall, 781 F.2d 897, 899 (Fed. Cir. 1986); Ex. 1020, ¶¶19−27.
`
`A reference is a “printed publication” if it was publicly accessible to persons
`
`concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221,
`
`227 (C.C.P.A. 1981). A reference is publicly accessible “upon a satisfactory
`
`showing that such document has been disseminated or otherwise made available to
`
`the extent that persons interested and ordinarily skilled in the subject matter or art
`
`exercising reasonable diligence, can locate it.” Kyocera Wireless Corp. v. Int’l Trade
`
`Comm’n, 545 F.3d 1340, 1350 (Fed. Cir. 2008). One way of showing public
`
`accessibility is by pointing to “competent evidence of the general library practice” to
`
`establish an approximate time when a reference became available to the public. Hall,
`
`781 F.2d at 899. For example, evidence of receiving, date-stamping, cataloguing,
`
`and shelving an item may be reliable proof in determining whether a document is a
`
`publicly accessible “printed publication.” In re NTP, Inc., 654 F.3d 1279, 1295 (Fed.
`
`Cir. 2011).
`
`Exhibit 1005 (also Exhibit 1024) includes a library date stamp indicating that
`
`the September 1999 issue of Casino Journal was processed by the UCFL on October
`
`4, 1999. Ex. 1020, ¶¶23−24. The stamp indicates that the September 1999 issue of
`
`Casino Journal was mailed to the UCFL before October 4, 1999, and became
`
`accessible no later than mid-October 1999. Id., ¶25. Further, there is sufficient
`
`evidence of cataloguing and indexing of this issue by UCFL and several other
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`libraries. Id., ¶¶20−21.
`
`B. Ground I: Claims 1−39 Are Unpatentable Under 35 U.S.C. §103
`As Obvious Over the Combination of Graham, Bennett, and
`World of Slots
`
`Independent claims 1, 9, 15, 28, and 31 generally require that a certain symbol
`
`combination that triggers and re-triggers a secondary game be “more likely to occur”
`
`in the secondary game than in the primary game. Independent claims 34 and 37
`
`generally require a secondary game triggered by the display of a “predetermined
`
`combination” of secondary game triggering symbols in a primary game, wherein the
`
`secondary game may be re-triggered if a “designated number” of secondary game
`
`triggering symbols is displayed in the secondary game. As explained below, claims
`
`1−39 would have been obvious over the combination of Graham (Ex. 1003), Bennett
`
`(Ex. 1004), and World of Slots (Ex. 1005).
`
`1.
`[1 preamble] “A gaming system comprising:”
`
`Claim 1
`
`[1a] “at least one display device;”
`
`[1b] “at least one input device;”
`
`[1c] “at least one processor;”
`
`[1d] “at least one memory device which stores a plurality of instructions, which
`when executed by the at least one processor, cause the at least one processor to
`operate with the at least one display device and the at least one input device to:”
`
`Graham discloses these limitations because it discloses a gaming machine
`
`containing a memory device that stores instructions that allow a processor to operate
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`with a display device and input device. Graham describes a “gaming machine” and
`
`“[m]ore particularly … an improvement to a game played on such a gaming
`
`machine.” Ex. 1003, 1:6−9. This gaming machine includes “a display means and a
`
`game control means arranged to control images displayed on the display means[.]”
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`Id., 1:29−31. Figure 1 of Graham discloses a gaming machine 10 which “includes a
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`console 12 having a video display unit 14 on which a game 16 is played[.]” Id.,
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`2:39−42. Therefore, Graham discloses “a gaming system” with “at least one display
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`device” as recited in the claim preamble and limitation [1a]. Ex. 1007, ¶¶38−40.
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`Graham also discloses “at least one input device”: “A midtrim 20 of the
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`machine 10 houses a bank 22 of buttons for enabling a player to play the game 16.”
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`Ex. 1003, 2:44−46; see also id., 2:46−48 (“[M]idtrim 20 also houses a credit input
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`mechanism 24 including a coin input chute 24.1 and a bill collector 24.2.”). Graham
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`also describes (and shows in Figure 2) a “processor 42” which “forms part of a
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`controller 44 which drives the screen of the video display unit 14 and which receives
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`input signals from sensors 46,” including “sensors associated with the bank 22 of
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`buttons and touch sensors mounted in the screen.” Id., 2:57−61. Graham therefore
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`discloses “at least one input device” and “at least one processor” as required by
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`limitations [1b] and [1c]. Ex. 1007, ¶¶38−40, 42.
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`Because Graham further describes “a control means or control circuit 40”
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`which includes a “processor 42” that runs “[a] program which implements the game
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`and user interface[.]” Ex. 1003, Figure 2, 2:55−57, Graham discloses “at least one
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`memory device which stores a plurality of instructions, which when executed by the
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`at least one processor, cause the at least one processor to operate with the at least one
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`display device and the at least one input device” as required by limitation [1d]. Ex.
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`1007, ¶¶38−40, 42.
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`[1e] “(a) display a play of a primary game upon a wager by a player, said
`primary game having a plurality of primary game symbols including a plurality
`of secondary game triggering symbols, wherein the secondary game triggering
`symbols can form a plurality of designated combinations of the secondary game
`triggering symbols;”
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`Graham discloses this limitation because it discloses a primary game played
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`upon the placing of a wager in which there are a plurality of game symbols, including
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`a plurality of symbols that trigger a secondary game. Graham describes a “base
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`game” (another term for “primary game”, Ex. 1007, ¶43) that is displayed on a video
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`display unit 14. Ex. 1003, 2:16−17, 2:42−44, 3:7−9.
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`Figure 3 (reproduced here and colorized to highlight particular aspects) is a
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`flowchart that indicates that the base game is played only upon placing of a wager by
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`the player. Id. at Fig. 3 (“wait for player bet & then play a game”); Ex. 1007, ¶43.
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`The base game may include “any type[] of base game[] played on a gaming
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`machine” including a “spinning reel-type base game[.]” Ex. 1003, 2:16−20. A
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`POSA would understand that the “spinning reel-type base game” in Graham includes
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`a “plurality of primary game symbols because it has been well known in the art for
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`decades that spinning reel-type games may include a variety of different symbols. Ex.
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`1007, ¶44. Moreover, Graham discloses that a “gaming machine” can have a “game
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`control means [that is] arranged to play a game wherein random events are caused to
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`be displayed on the display means[.]” Ex. 1003, 1:29−34. The “random event” may
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`be a “predefined winning event” such as a “trigger condition” which “results in an
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`initial series of free games awarded to a player.” Id., 1:33−38. A POSA would
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`understand that the “random event” described in Graham typically consists of
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`combinations of different symbols being displayed in the game (in this case, the
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`primary game). Ex. 1007, ¶¶46−47.
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`Graham discloses that the “trigger condition” can be in the form of secondary
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`game triggering symbols such as “the appearance of three scatter symbols anywhere
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`on the display means.” Ex. 1003, 2:24−25. Because nothing in Graham limits the
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`“trigger condition” to only three scatter symbols, a POSA would understand that in
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`Graham, three, four, or even five scatter symbols can appear “anywhere on the
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`display means” to form a plurality of designated combinations of secondary game
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`triggering symbols because this was a well-known feature in the art. Id., 2:24−25; Ex.
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`1007, ¶¶22, 52, 60 (describing Aristocrat’s “Indian Dreaming”). Accordingly,
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`Graham discloses scatter symbols that can form a plurality of designated
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`combinations of secondary game triggering symbols as required by limitation [1e].
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`Ex. 1007, ¶¶57−58.
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`To the extent Graham does not expressly disclose this limitation, a POSA
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`would have found it obvious to modify Graham in view of WOS (Ex. 1005) to meet
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`this limitation. In the “Queen of the Nile” video slot machine game disclosed in
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`WOS, Ex. 1005, 62, “three or more scattered Pyramid symbols send the game into
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`15 free spins[.]” Id.; Ex. 1007, ¶77. WOS thus teaches a plurality of designated
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`combinations of triggering symbols that may trigger a bonus game. Ex. 1007, ¶¶73,
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`77. Each of the designated combinations of the secondary game triggering
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`symbols may include, for example, three, four, or five scattered Pyramid symbols.
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`Id.
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`A POSA would have reason to combine the references because game
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`manufacturers were incentivized to draw upon the success of other games and their
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`gameplay when developing gaming devices. Id., ¶¶83−84. Game designers were
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`constantly looking for exciting gameplay options to hold the interest of players and
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`entice players to play again. Id. The multiple trigger conditions disclosed by
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`WOS may give players an indication that there is a relatively high chance of
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`triggering the bonus game. Id.. Triggering the bonus game with “three or more
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`Pyramids” would thus stand out to a POSA as an attractive gameplay option that
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`should be implemented in Graham. Ex. 1005, 62 (emphasis added); Ex. 1007,
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`¶¶83−84. This feature in “Queen of the Nile” would help attract players excited by
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`this feature to the game, and the POSA would expect success in incorporating this
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`feature. Ex. 1007, ¶¶83−84.
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`This modification might require changes to the math model of the game to
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`ensure that the game remained profitable to the operator. Id., ¶¶82−84. Developing
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`a math model, however, is a routine process that is accomplished during the
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`development of every gaming device. Id. Moreover, changes to math models can
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`make games more exciting to players for example, because they may allow larger
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`payouts for relatively smaller bets. Id.
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`[1f] “(b) if one of said designated combinations of the secondary game triggering
`symbols occurs in said play of the primary game, provide a designated number
`of plays of a secondary game associated with said designated combination of the
`secondary game triggering symbols, wherein the secondary game has a plurality
`of secondary game symbols including the plurality of secondary game triggering
`symbols;”
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`Graham discloses this limitation because it discloses that the occurrence of the
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`“trigger condition” in the primary game results in the player being awarded a
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`designated number of spins in a secondary game that includes a plurality of
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`secondar