Petition 3 Petition For Inter Partes Review of US Patent No 7 892 088 PDF

UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _____________
WMS GAMING INC. Petitioner v. MGT GAMING, INC. Patent Owner U.S. Patent No. 7,892,088 Filing Date: October 18, 2001 Issue Date: February 22, 2011 Title: Gaming Device Having a Second Separate Bonusing Event _______________ Inter Partes Review Case No. 2014-00120 ____________________________________________________________
PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,892,088 UNDER 35 U.S.C. 311-319 AND 37 C.F.R. 42.100 et seq.
U.S. Pate ent No. 7,892 2,088 Pet tition for Inte er Partes Re eview
TABLE OF O CONT TENTS I. II. IN NTRODUC CTION ..................................... .................................. ......................1 MANDATO M ORY NOT TICES UND DER 37 C C.F.R. 42.8 .............. ......................1 A. A B. B C. C D. D III. IV. V. Real Party-In-In nterest ...................... .................................. ......................1 Relat ted Matters s................................ .................................. ......................1 Lead d and Back-Up Couns sel............. .................................. ......................1 Servi ice Informa ation ......................... .................................. ......................2
POWER P OF F ATTORN NEY UND DER 37 C.F ......................2 F.R. 42.10 ............. IN NTER PAR RTES REV VIEW FEE UNDER 3 37 C.F.R. 42.15 & 42.103........2 REQUIREM R MENTS UNDER U 37 C.F.R. 42.22 and d 42.104 .... ......................2 A. A B. B Grou unds for Sta anding ...................... .................................. ......................2 Statement of Pr recise Relief Request ted and Ide entification n of ................. Chall lenge ......................................... .................................. ......................3
VI.
CLAIMS C 1-3 AND 6 OF THE 088 PATE ENT ARE UNPATEN NTABLE......3 A. A The 088 Paten nt ............................... .................................. ......................3 1. 2. 3. B. B C. C D. D E. E Overview w ............................... .................................. ...................... 3 Summary y of the Pr rosecution History ..................... ...................... 5 Level of Ordinary Skill S in the e Art .......................... ...................... 8
Claim m Construc ction ......................... .................................. ......................9 Grou und 1: Claim ms 1-3 and d 6 are Ant ticipated u under ........ ........................ 35 U.S.C. 102 2(b) by Par rker .......... .................................. ....................13 Grou und 2: Clai ims 1-3 an nd 6 are An nticipated u under ....... ........................ 35 U.S.C. 102 2(e)(2) by Cannon.... .................................. ....................25 Grou und 3: Clai ims 1-3 an nd 6 are An nticipated u under ....... ........................ 35 U.S.C. 102 2(b) by Ma arnell ........ .................................. ....................41
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F. F G. G H. H I. .
Grou und 4: Clai ims 1-3 an nd 6 are Re endered Ob bvious und der ................... 35 U.S.C. 103 3 by Parke er ............... .................................. ....................50 Grou und 5: Clai ims 1-3 an nd 6 are Re endered Ob bvious und der ................... 35 U.S.C. 103 3 by Parke er in view o of Marnell ................. ....................51 Grou und 6: Clai ims 1-3 an nd 6 are Re endered Ob bvious und der ................... 35 U.S.C. 103 3 by Canno on in view w of Marnel ll............... ....................53 Grou und 7: Clai ims 1-3 an nd 6 are Re endered Ob bvious und der ................... 35 U.S.C. 103 3 by Marne ell ............ .................................. ....................55
C SION.......................................... .................................. ....................56 VII. CONCLUS
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U.S. Patent No. 7,892,088 Petition for Inter Partes Review
TABLE OF EXHIBITS Exhibit WMS-1001 WMS-1002 WMS-1003 WMS-1004 WMS-1005 WMS-1006 WMS-1007 WMS-1008 Description U.S. Patent No. 7,892,088 to Brandstetter et al. (the 088 patent) The file history for the 088 patent Declaration of Dwight E. Crevelt U.S. Patent No. 6,068,553 to Parker (Parker) U.S. Patent No. 6,786,824 to Cannon (Cannon) U.S. Patent No. 5,393,057 to Marnell (Marnell) The file history for U.S. Patent No. 8,500,554, which is a continuation of the 088 patent Return Executed Summons in MGT Gaming, Inc v. WMS Gaming Inc., et al., Civil Action 3:12-cv-00741-CWR-FKB
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I.
INTRODU UCTION WMS W Gam ming Inc. ( WMS) petitions p th he Board to o institute an inter pa artes
review of o claims 1, 1 2, 3 and 6 of U.S. Patent P No. . 7,892,088 8 (the 088 patent). . II. ORY NOT MANDAT M TICES UN NDER 37 C.F.R. 4 42.8 A. A
L PARTY-I IN-INTERES ST REAL
WMS W Gam ming Inc. ( WMS) is s the real pa arty-in-inte MS is a who ollyerest. WM owned subsidiary s of WMS Industries I Inc. WMS S Industrie es Inc. is a wholly-ow wned subsidia ary of Scie entific Gam mes Corpor ration. B. B RELA ATED MAT TTERS
The T Patent Owner is asserting a claims 1, 2, , 3, and 6 o of the 088 8 patent aga ainst WMS and a others in an actio on pending g in the U U.S. Distric ct Court fo or the Sout thern District of Missis ssippi. Th he action is s styled M MGT Gamin ng, Inc v. WMS Gam ming Inc., et al., Civil Action 3:12-cv-007 741-CWR-FKB. Th he Patent Owner se erved WMS with w the com mplaint in that action n on Novem mber 5, 20 012. (WMS-1008, p.2.) C. C LEAD D AND BAC CK-UP COU UNSEL Lead d Counsel Timothy y C. Meece (Reg. No o. 38,553) tmeece@ @bannerw witcoff.com m BANNER R & WITCOFF, LTD. 10 Sout th Wacker Drive, Sui ite 3000 Chicago o, IL 60606 6 Tel: 312 2.463.5420 0 Fax: 312.463.5001 Back k-Up Coun nsel Micha ael J. Harri is (Reg. No o. 62,957) mharr ris@banne erwitcoff.co om BANN NER & WIT TCOFF, LTD D. 10 So outh Wacke er Drive, S Suite 3000 Chica ago, IL 606 606 Tel: 3 312.463.54 408 Fax: 3 312.463.50 001
D. D
SERV VICE INFOR RMATION
WMS W serve ed a copy of this pe etition, in its entiret ty, to the address of f the attorney y of record d for the 088 paten nt, as indic cated in th he attached d Certificat te of Service. WMS may m be se erved at th he lead co ounsel add dress prov vided abov ve in Section II(C). WM MS consen nts to electr ronic servi ice by e-m mail. III. POWER P OF O ATTOR RNEY UN NDER 37 C C.F.R. 4 42.10 WMS W is filing, f con ncurrently herewith, , a power r of attor rney with the designa ation of cou unsel in acc cordance with w 37 C.F F.R. 42.1 10(b). IV. INTER IN PA ARTES RE EVIEW FE EE UNDE ER 37 C.F.R. 42.1 15 & 42.10 03 WMS W petiti ions the Board B to institute an i inter parte es review o of four cla aims. WMSs s petition is s accompanied by a payment p o of $23,000. . See 37 C C.F.R. 4 42.15 and 42.103. No excess e clai ims fees ar re required d. Thus, th his petition n meets the e fee requirem ments unde er 35 U.S.C C. 312(a a)(1). Plea ase debit or credit De eposit Acc count No. 19-0733 for any a addition nal fees required or o overpayme ent of fees made. V. REQUIRE R EMENTS UNDER U 37 3 C.F.R. 42.22 a and 42.104 4 A. A GROUNDS FOR STANDING G
WMS W certifies that th he 088 pa atent is ava ailable for r inter part tes review w and that WM MS is no ot barred or o estoppe ed from r requesting an inter partes rev view challeng ging claim ms 1, 2, 3, and a 6 on the e grounds identified in this peti ition.
B. B
STAT TEMENT OF F PRECISE E RELIEF R EQUESTE ED OF CHALLENGE E
AND ID DENTIFICAT TION
WMS W reque ests that th he Board in nstitute an inter part tes review of claims 1, 2, 3 and 6 of the 088 patent, and cance el those cla aims as in nvalid. WM MS challenges claims 1, 1 2, 3, and d 6 on the grounds g lis sted in the table below w. Groun nd Ground d1 Ground d2 Ground d3 Ground d4 Ground d5 Ground d6 Ground d7 Claim ms of the 088 8 patent 1, 2, 3, and 6 1, 2, 3, and 6 1, 2, 3, and 6 1, 2, 3, and 6 1, 2, 3, and 6 1, 2, 3, and 6 1, 2, 3, and 6 Basis for Ch hallenge Anticipat ted under 3 35 U.S.C. 102(b) by y Parker Anticipat ted under 3 35 U.S.C. 102(e) by y Cannon Anticipat ted under 3 35 U.S.C. 102(b) by y Marnell Obvious under u 35 U U.S.C. 10 03 by Park ker Obvious under 35 U U.S.C. 103 by Park ker in view w of Marnell Obvious under 35 U.S.C. 1 103 by Ca annon in v view of Marne ell Obvious under u 35 U U.S.C. 10 03 by Marn nell
In n Section VI V below, WMS pro ovides a fu ull stateme ent of the r reasons for r the relief re equested, including how the challenged d claims s should be construed d for purpose es of this petition, p an nd how the construed d claims ar re unpatent table under the statutory y grounds identified d in the tab ble above. Addition nal support t is set fort th in the Dec claration of f Dwight E. E Crevelt, attached hereto as Ex xhibit WM MS-1003. VI. CLAIMS C 1-3 1 AND 6 OF THE E 088 PAT TENT AR RE UNPAT TENTABL LE A. A THE 088 PATE ENT 1. Overview w
The T 088 pa atent is dir rected to a gaming m machine sys stem. (WM MS-1001, p p. 10 at 8:1-4 41.) The pa atent has one o indepen ndent claim m and five dependent t claims. (I Id.) 3
In ndependen nt claim 1 recites a gaming g m machine sys stem comp prising at least two gam ming mach hines linked d together. (Id. at 8:2 2-3.) The linked gam ming mach hines are, for example, slot mach hines, vide eo poker m machines, v video keno o machines, or video bi ingo mach hines. (Id. at 7:16-18.) The T linked gaming machines m are linked to o an interac ctive sign. (Id. at 8:3 3-4.) The inte eractive sig gn has an LCD L scree en. (Id. at 8:15.) Fig gure 2 of th he 088 pa atent, reprodu uced below w, shows linked ga aming mac chines (lab abeled 10) linked to o an interactive sign (la abeled 30). (WMS-1 1001, p. 9 a at 6:64-65. .)
The T linked gaming machines all low at leas st two play yers to play y a first reg gular game on n the gami ing machin nes. (WM MS-1001, p. . 10 at 8:5-7.) A dev vice conne ected to the li inked gaming machin nes directs s the playe ers to play a second b bonusing g game after sa atisfying a certain op peration of f the linked d gaming machines that trigge ers a 4
bonusing event from the linked machines. (Id. at 8:8-12.) For example, if the players get certain responses from the linked gaming machines during play of the first regular game, such as three bonus event symbols, the linked gaming machines trigger a bonusing event and the device connected to the linked gaming machines directs the players to play a second bonusing game. (Id. at 7:18-22.) The second bonusing game is a bonusing video game played on the interactive sign. (Id. at 8:13-14.) The LCD screen displays the bonusing video game that players enter in once the trigger event occurs on the linked gaming machines. (Id. at 8:16-18.) The interactive sign allows the players to enter the bonusing game and compete against each other by playing the bonusing game on the interactive sign. (Id. at 8:19-23.) Dependent claim 2 adds that the gaming machine system includes a system for alerting players when they are playing on the interactive sign. (Id. at 8:24-27.) Dependent claim 3 adds that a player operates the bonusing game from any of the linked gaming machines linked to the interactive sign. (Id. at 8:28-30.) Dependent claim 6 adds that the players playing the linked gaming machines enter the bonusing game during the same play of the first regular game. (Id. at 8:38-41.) 2. Summary of the Prosecution History
The 088 patent issued from an application filed on October 18, 2001. 5
(WMS-1002, pp. 1-30.) The application included twenty-one claims. (Id. at pp. 17-19.) Application claim 13, as amended during prosecution, corresponds to claim 1 of the 088 patent. (Id.) Application claim 13, as originally filed, recited a gaming machine system for playing a bonusing event comprising: at least two gaming machines linked together; said gaming machines linked to an interactive sign; said interactive sign comprising a bonusing event; wherein players playing said linked gaming machines who enter said bonusing event compete against each other at said bonusing event. (Id.) The Examiner rejected application claim 13 as anticipated and, in the alternative, as obvious over the prior art of record at that time. (Id. at pp. 196-202.) The Examiner noted that he reviewed the specification to determine whether it contained any patentable material. (Id. at p. 94.) The Examiner concluded the sparse disclosure doesnt provide much in the way of patentable subject matter. (Id.) He continued: A vast majority of the instant specification discusses the prior art. Only two and half pages are devoted to a detailed description. And, within this detailed description everything disclosed is recited in generalities which as shown by the plethora of prior art is deemed obvious. The instant application has no focus on an invention. It appears nothing more than a general application of well6
known and off the shelf pieces of prior art connected together that the Applicant has not himself seen before. However, the criteria of nonobviousness is not dependent on the vision of the Applicant. It is the gathering of the prior art and what one deemed with the knowledge of the prior art and their own engineering capabilities be able to construct. In this case, the general idea of having an interactive bonus game played on a large video monitor for all to see would be obvious to one skilled in the art at the time the invention was contemplated. (Id.) In response, the applicants amended application claim 13 to require that players who enter the bonusing game compete against each other on the interactive sign. (Id. at p. 208.) The applicants argued the prior art did not teach that limitation. (Id. at 212-214.) The Examiner disagreed. (Id. at pp. 226-228.) Over the course of several additional office actions and responses, the applicants continued to argue that the prior art did not teach players competing against each other in a bonusing game played on an interactive sign, and the Examiner continued to reject that argument. (See, e.g., id. at pp. 262-265; 279280; 294; 304-307; 323; 334; 345; 374; 385; and 392-395.) The applicants eventually amended application claim 13 to require, inter alia, that players enter the bonusing game once a certain operation of the linked gaming machines is satisfied. (Id. at pp. 409-410.) 7 The Examiner and the
applicants then participated in two interviews.
(Id. at pp. 415, 420.)
The
Examiners summary of the second interview stated that the parties discussed clarification language directed to point out applicants invention of a bonus game competition between players having entered into the competition through a triggered bonus round of the linked machines. (Id. at p. 420.) After the interviews, the Examiner issued an Examiners Amendment and a Notice of Allowability. (Id. at pp. 421-423.) In the Examiners Amendment, the Examiner largely rewrote application claim 13, including adding at least two gaming machines allowing at least two players playing a first regular game on said at least two gaming machines and a device connected to said gaming machines to direct said at least two players to play a second bonusing game after satisfying a certain operation of the linked gaming machines that triggers a bonusing event from said linked machines. (Id. at pp. 422-423.) Thereafter, the applicants submitted formal drawings and paid the issue fee. (Id. at pp. 436-441.) The 088 patent issued on February 22, 2011, with
application claim 13 issuing as claim 1 of the 088 patent. (Id. at p. 442.) 3. Level of Ordinary Skill in the Art
A person having ordinary skill in the art for the 088 patent would have a technical degree, such as a B.S. in computer science or a related engineering discipline, and at least five years of experience designing and developing gaming 8
machine e systems. (WMS-10 003, at 7.) 7 A perso on without a technica al degree b but at least sev ven years of o experien nce design ning and de eveloping g gaming ma achine syst tems would also a be con nsidered a person p of ordinary o sk kill in the a art. (Id.) B. B CLAI IM CONSTR RUCTION
A claim su ubject to inter i parte es review is given its broad dest reason nable construc ction in light of the specificat tion of the e patent in n which it appears. 37 C.F.R. 42.100(b). WM MS bases this petit tion on th he broade est reason nable
construc ctions of the claims s of the 0 088 patent. . In this p petition, th herefore, W WMS applies the follow wing broad dest reason nable const tructions o of the claim m language e:1 gaming g machines: Fo or purpose es of this p petition, g gaming ma achines m means machine es that are e designed or adapte ed for use by individ duals to ga amble, suc ch as slot ma achines, vi ideo poker machine es, video keno mac chines, and d video b bingo machine es. (See, e.g e ., WMS-1001, p. 10 at 7:16-1 18.) linked m li inked: Fo or purposes of this petition, p l means conn nected to o or in commun nication with. w (See, e.g., WMS S-1001, pp . 3-6 at Fig gures 1-4.) )
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WMSs position n regarding g the scope of the cl laims of th he 088 pa atent under r the
broade est reasona able constr ruction sta andard is n not WMSs position n regarding g the proper scope of the claims s for purp poses of li itigation. The claim m construc ction standard d is differe ent in Dist trict Court proceedin ngs, and W WMS reserv ves the righ ht to propose e different constructi ions in lit tigation. M Moreover, the claim ms of the 088 in 35 U.S. patent are a deficien nt based on n various provisions p .C. 112. WMS int tends to prese ent those in nvalidity ar rguments in the litiga ation. 9
interactive sign: For purposes of this petition, interactive sign means a display that is separate from, but linked to, the linked gaming machines. The specification of the 088 patent provides examples of an interactive sign in Figures 1-4. (WMS-1001, p. 9 at 6:62-7:10.) The figures show the interactive sign as a display separate from, but linked to, the linked gaming machines. (Id.) first regular game: For purposes of this petition, first regular game means any game played on the linked gaming machines, such as a base slot machine game. The phrase first regular game does not appear in the specification of the 088 patent. (WMS-1001.) The Examiner added the phrase to claim 1 in his Examiners Amendment at the same time he issued his Notice of Allowability. (WMS-1002, pp. 421-423.) a device connected to said gaming machines to direct said at least two players to play a second bonusing game after satisfying a certain operation of the linked gaming machines that triggers a bonusing event from said linked machines: For purposes of this petition, this phrase means something connected to the linked gaming machines directs at least two players of the linked gaming machines to play a bonusing game after an operation of the linked gaming machines triggers a bonusing event from the linked gaming machines. The specification of the 088 patent does not disclose or mention any such device. (WMS-1001.)
Furthermore, there is no depiction of any such device in any of the figures of the 10
088 patent, as required by 37 CFR 1.83 (The drawing in a nonprovisional application must show every feature of the invention specified in the claims.). The Examiner added this limitation to claim 1 in his Examiners Amendment at the same time he issued his Notice of Allowability. (WMS-1002, pp. 421-423.) video game: For purposes of this petition, video game means an
electronic game played by manipulating images on a video display or television screen. (See, e.g., WMS-1001, p. 10 at 7:1-10 and 7:32-43.) LCD: For purposes of this petition, LCD means liquid crystal display. (See, e.g., WMS-1001, p. 10 at 7:1-5 and 8:15.) wherein said LCD interactive sign allowing said at least two players playing said at least two linked gaming machines enter said bonusing game and compete against each other by playing said bonusing video game on said LCD interactive sign: For purposes of this petition, this phrase means the LCD interactive sign allows at least two players playing the linked gaming machines to enter the bonusing game and compete against each other by playing the bonusing video game on the LCD interactive sign. The specification of the 088 patent provides examples of the LCD interactive sign allowing players playing the linked gaming machines to enter the bonusing game and compete against each other by playing the bonusing video game on the LCD interactive sign. For example, the
specification provides that, in one embodiment, the [i]nteractive sign is a ferris 11
wheel that unloads actual coins when one of the gaming machines 10 below triggers the bonusing event. (WMS-1001, p. 10 at 7:6-9.) As another
embodiment, the specification provides that the interactive sign can be a game board such as monopoly [and] the interactive sign can then roll dice randomly on the screen moving the players around the board. (Id. at 7:32-39.) a player operates said bonusing game from any of said gaming machines linked to said LCD interactive sign (claim 3): For purposes of this petition, this phrase means a player operates the bonusing game from one of the linked gaming machines linked to the LCD interactive sign, as opposed to operating the bonusing game from a separate machine. The specification of the 088 patent explains that the user can play the bonusing event on the gaming machine which they were originally playing, or the gaming machine can dispense a card or ticket which allows the user to play a separate machine which is connected to the interactive sign. (WMS-1001, p. 10 at 7:26-31.) said at least two players playing said at least two gaming machines linked together enter said bonusing game during the same play of said first game (claim 6): For purposes of this petition, this phrase means players playing the linked gaming machines enter the bonusing game at the same time. The specification of the 088 patent provides that [i]t is an object of the present invention for more than one of the linked gaming machines to enter the bonusing event at the same 12
time. (WMS-100 ( 01, p. 9 at 5:42-44.) C. C GROUND 1: CLAIMS L 1-3 AND A 6 ARE E ANTICIPA ATED UNDE ER 35 U.S. .C. 102(B) BY PARK KER
Parker P issue ed on May y 30, 2000, which is m more than o one year p prior to the date of appli ication for the 088 patent. p (W WMS-1004, , p. 1.) Par rker qualif fies as prio or art under 35 3 U.S.C. 102(b) (p pre-AIA). Parker, h however, w was not bef fore the Pa atent Office during d pros secution of f the 088 patent. p (W WMS-1001, pp. 1-2.) Parker P discloses a gam ming mach hine system m. (WMS-1004, at A Abstract.) The s reproduc system is shown in n the Figur re of Parke er, which is ced below.
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The system includes at least two gaming machines linked together (labeled 1 in the Figure above). (WMS-1004, p. 4 at 3:11-16.) The linked gaming machines may be fruit machines (i.e., slot machines) or any other type of gaming machine that makes a random selection or at least a selection that has the appearance of being random. (WMS-1004, p. 3 at 1:37-39.) The linked gaming machines are linked to a display (labeled 3 in the Figure above) through a control unit (labeled 2 in the Figure above). (WMS-1004, p. 4 at 3:11-16.) The display is separate from, but linked to, the linked gaming machines. (Id. at Figure and 3:11-24.) Parker further discloses that that display may take various forms, including a television screen. (WMS-1004, p. 3 at 2:10-11.) A person having ordinary skill in the art would have understood a television screen to mean at least a plasma, LCD, or CRT screen. (WMS-1003, at 17.) Parker discloses that the linked gaming machines allow at least two players to play a first regular game on the gaming machines, such as a base slot machine game. (WMS-1004, p. 3 at 1:37-43; p. 4 at 3:14-16.) Parker further discloses that a special win on the linked gaming machines during a first regular game triggers a bonusing event from the linked gaming machines. (WMS-1004, p. 4 at 3:25-26.) For example, Parker discloses that [a] special win on any machine 1 triggers the control unit to make a random selection from the display matrix 3. (Id.) Parker discloses at least two different things connected to the linked gaming 14
machines that direct at least two players of the linked gaming machines to play a bonusing game after an operation of the linked gaming machines triggers a bonusing event from the linked gaming machines. (WMS-1004, p. 3 at 1:59-2:6; p. 4 at 3:25-30.) More specifically, Parker discloses an indicator such as a tower lamp and Parker discloses a control unit. (Id.) For the tower lamp, Parker discloses that if one or more of the linked gaming machines has a special win that triggers a bonusing event from the linked machines, the tower lamp signals to the players what is happening. (WMS-1004, p. 3 at 1:59-2:6.) The tower lamp may, for example, flash rapidly directing the player of that gaming machine to play the bonusing game. (Id.) For the control unit, Parker discloses that that if one or more of the linked gaming machines has a special win that triggers a bonusing event from the linked machines, the control until makes a selection from the display matrix as part of the bonusing game played on the display. (WMS-1004, p. 4 at 3:25-30.) Parker also discloses that the bonusing game is a video game played on the display, that the display shows the bonusing video game that players enter in once the trigger event occurs on the linked gaming machines, and that the display allows at least two players playing the linked gaming machines to enter the bonusing game and compete against each other by playing the bonusing video game on the display. (See, e.g., WMS-1004, pp. 1-4 at Abstract, 1:42-43, 2:10-62, 3:10-30, and 15
4:8-16.) More specifically, as shown in the Figure of Parker reproduced above, the display shows a range of prizes. (WMS-1004, p. 1 at Abstract.) In one
embodiment, the players of the linked gaming machines compete against each other for a star prize on the display, which is of greater value than any of the other prizes on the display. (WMS-1004, p. 3 at 2:56-62.) When one or more of the linked gaming machines has a special win triggering the bonusing game, this is signaled to the control unit, which then makes a selection of one of the prizes on the display. (Id. at 2:31-33.) Preferably, this is not instantaneous, but prolonged, with different areas being briefly distinguished, by extra brightness for example, until one particular area is settled upon and remains continuously bright. (Id. at 2:33-37.) The illuminated prize is then awarded. (Id. at 2:37-38.) If the awarded prize is not the star prize, the selected area may go blank, or be replaced by some non-prize representing graphics. (Id. at 2:56-58.) Thus, the selection for the next player that plays the bonusing event will be made from a reduced number of areas and so on. (Id. at 2:58-60.) As the number decreases, so the chance of the star prize increases. (Id. at 2:60-61.) In another embodiment, Parker discloses that the players of the linked gaming machines compete against each other for a treasure chest award on the display. (Id. at 2:24-30.) In this embodiment, the display includes at least one treasure chest key area which, if selected after a special win, gives the player 16
achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest. (WMS-1004, p. 4 at 4:8-16.) Only a limited number of keys opens the treasure chest. (Id.) If the player tries a key that does not open the treasure chest, that key is discarded leaving one fewer keys for the next player achieving a special win and being offered a choice of treasure chest keys. (Id.) Parker also discloses that the gaming machine system includes a system for alerting players when they are playing the bonusing game. (WMS-1004, p. 3 at 1:59 2:2.) As described above, Parker discloses an indicator such as a tower lamp for alerting players when they are playing the bonusing game. (Id.) Parker also discloses that a player operates the bonusing game from one of the linked gaming machines linked to the display, as opposed to operating the bonusing game from a separate machine. (Id. at 1:40-48 and 3:25-30.) Parker does not disclose any machines, other than the linked gaming machines. Moreover, Parker discloses that a player playing the treasure chest bonusing game has a choice of one from a plurality of keys with which to try to open a treasure chest. (WMS-1004, p. 4 at 4:8-16.) The player makes that choice from the linked gaming machine on which the player is playing. (Id.) Parker also discloses that players playing the linked gaming machines enter the bonusing game at the same time. Specifically, Parker discloses that two
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players may simultaneously enter the bonusing game. (WMS-1004, p. 3 at 1:5359.) Consequently, Parker anticipates claims 1, 2, 3, and 6 of the 088 patent. As further support, Mr. Crevelt, an expert on gaming machine systems, prepared the chart below identifying examples of where Parker discloses each limitation of claims 1, 2, 3, and 6 of the 088 patent. (WMS-1003, at 17.) Mr. Crevelts citations in the chart are to WMS-1004. Claim 1 A gaming machine system comprising: Parker The Figure and its description. A number of gaming machines, such as fruit machines, are linked through a common control unit to a display which shows to all the players of the machines a range of prizes. When there is a special win on any machine, a selection is made from those prizes and the chosen one awarded to the player. As the prizes are won, so those on offer reduce, but once a star prize, of greater value than any of the others, is awarded, the full range may be restored. There can also be treasure chest keys on the display, and a winner of a key can try to open a treasure chest for a jackpot win. With only one out of many keys that will work, a very large jackpot is possible, and the amount, and the number of keys still available, can be part of the display. (Abstract) The Figure and its description. A number of gaming machines, such as fruit machines, are linked through a common control unit to a display which shows to all the players of the machines a range of prizes. (Abstract) The apparatus consists of a number of gaming machines 1 (four in this example, but there could be more or less) 18
at least two gaming machines linked together, said gaming machines linked to an interactive sign;
Claim 1
Parker linked via a common control unit 2 to a display board 3. (3:10-14) This invention relates to gaming machines, and is concerned with a group of such machines linked together so that, while certain events may generate prizes awarded at the machine in question, a very rare event will generate an exceptional prize signalled [sic] at a common unit to which the machines are linked. (1:4-10) According to the present invention there is provided gaming apparatus comprising a group of individually playable gaming machines, a common prize control unit, a link between each machine and said unit, and a display responsive to said unit indicating a plurality of prizes, the arrangement being such that at least one special win on any machine triggers the control unit to select and award a prize from said display. (1:25-34) This invention relates to gaming machines, and is concerned with a group of such machines linked together so that, while certain events may generate prizes awarded at the machine in question . . . . (1:5-8) The gaming machines may be of the fruit machine kind, but could be any machine that makes a random selection or at least a selection that has the appearance of being random. Generally, all the machines in a group will be of the same kind . . . . (1:35-43) This does not preclude lesser prizes being awarded at the machines in the usual way when lesser wins than the special one are achieved. (1:50-52) The gaming machines are all identical, but they may be of almost any kind. Typically they are fruit machines, as illustrated. (3:12-16) To signal to the players what is happening, each machine may be equipped with an indicator such as a tower lamp, and these will be switched on in a coded 19
said at least two gaming machines allowing at least two players playing a first regular game on said at least two gaming machines;
a device connected to said gaming machines to direct said at least
Claim 1 two players to play a second bonusing game after satisfying a certain operation of the linked gaming machines that triggers a bonusing event from said linked machines;
Parker manner through the respective links. For example: (a) the machine with the first special win has its lamp flashed rapidly, (b) the machine with the second special win, next in line to have a special prize awarded from the display, has its lamp flashed slowly, (c) the machine with the third special win has its lamp on continuously. (1:59 2:2) A special win on any machine 1 triggers the control unit to make a random selection from the display matrix 3. The screens may separately lighten in an orderly or random manner over a period before the chosen one stays steadily illuminated. The prize associated with that screen is then claimed by the player of the machine with the special win. (3:25-30) The display includes at least one treasure chest key area which, if selected by the control unit after a special win, gives the player achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest, only a limited number of which keys will work, and wherein a key once tried is discarded leaving one fewer keys for the next player achieving a special win and being offered a choice of treasure chest keys. (4:816) It will be unusual for two or more machines to produce special wins simultaneously, or so close together that the prize selecting process resulting from one special win has not been completed before the next special win occurs. But it could happen, and the control unit may be programmed to organise a queue system, so that each display prize is issued in an orderly manner. (1:53-59) The display may take various forms but the preferred one will be a television screen or a set of screens in a matrix. Thus, although for much of the time what is illustrated may be static and unchanging, there is the facility for changing the display and having moving graphics. (2:10-14) 20
said second bonusing game is a bonusing video game to be played on said interactive sign;
Claim 1
Parker It is envisaged that the display will be in full view of the players of all the machines in a group and will be divided into areas, conveniently squares in grid form. Each area will show (or describe) a prize, and the same prize may be represented in several different areas. However, preferably there will be only one star prize, of a value considerably greater than any of the other prizes. (2:1723) When a prize (other than the star prize) from the display area has been awarded, the selected area may then go blank, or be replaced by some non-prize representing graphics. The next selection will then be made from a reduced number of areas and so on. As this number decreases, so the chance of the star prize increases. But once that has been won, the display will reset. (2:5662) The display includes at least one treasure chest key area which, if selected by the control unit after a special win, gives the player achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest, only a limited number of which keys will work, and wherein a key once tried is discarded leaving one fewer keys for the next player achieving a special win and being offered a choice of treasure chest keys. (4:816) Gaming apparatus as claimed in claim 1, wherein the display is variable and the control unit is adapted to remove from the display the representation of the prize it has selected following a special win, leaving fewer prizes from which to select when the next special win occurs. (4:33-37) The display may take various forms but the preferred one will be a television screen or a set of screens in a matrix. (2:10-14) A person having ordinary skill in the art would have understood television screen to mean at 21
said interactive sign comprising an LCD screen;
Claim 1 said LCD screen displaying said bonusing video game that players enter in once said bonusing trigger event occurs on the said at least two linked gaming machines;
Parker least a plasma, LCD, or CRT screen. A display responsive to said unit indicating a plurality of prizes, the arrangement being such that at least one special win on any machine triggers the control unit to select and award a prize from said display. (1:29-33) It is envisaged that the display will be in full view of the players of all the machines in a group and will be divided into areas, conveniently squares in grid form. Each area will show (or describe) a prize, and the same prize may be represented in several different areas. However, preferably there will be only one star prize, of a value considerably greater than any of the other prizes. (2:1723) When a prize (other than the star prize) from the display area has been awarded, the selected area may then go blank, or be replaced by some non-prize representing graphics. The next selection will then be made from a reduced number of areas and so on. As this number decreases, so the chance of the star prize increases. But once that has been won, the display will reset. (2:5662) A special win on any machine 1 triggers the control unit to make a random selection from the display matrix 3. The screens may separately lighten in an orderly or random manner over a period before the chosen one stays steadily illuminated. The prize associated with that screen is then claimed by the player of the machine with the special win. (3:25-30) The display includes at least one treasure chest key area which, if selected by the control unit after a special win, gives the player achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest, only a limited number of which keys will work, and wherein a key once tried is discarded leaving one fewer keys for the next player achieving a special win 22
Claim 1 wherein said LCD interactive sign allowing said at least two players playing said at least two linked gaming machines enter said bonusing game and compete against each other by playing said bonusing video game on said LCD interactive sign.
Parker and being offered a choice of treasure chest keys. (4:816) A display responsive to said unit indicating a plurality of prizes, the arrangement being such that at least one special win on any machine triggers the control unit to select and award a prize from said display. (1:29-33) It will be unusual for two or more machines to produce special wins simultaneously, or so close together that the prize selecting process resulting from one special win has not been completed before the next special win occurs. But it could happen, and the control unit may be programmed to organise a queue system, so that each display prize is issued in an orderly manner. (1:53-59) It is envisaged that the display will be in full view of the players of all the machines in a group and will be divided into areas, conveniently squares in grid form. Each area will show (or describe) a prize, and the same prize may be represented in several different areas. However, preferably there will be only one star prize, of a value considerably greater than any of the other prizes. (2:1723) When a prize (other than the star prize) from the display area has been awarded, the selected area may then go blank, or be replaced by some non-prize representing graphics. The next selection will then be made from a reduced number of areas and so on. As this number decreases, so the chance of the star prize increases. But once that has been won, the display will reset. (2:5662) The display includes at least one treasure chest key area which, if selected by the control unit after a special win, gives the player achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest, only a limited number of which keys will work, and wherein a key once tried is discarded leaving one 23
Claim 1
Parker fewer keys for the next player achieving a special win and being offered a choice of treasure chest keys. (4:816)
Claim 2 The gaming machine system of claim 1 further comprising:
Parker To signal to the players what is happening, each machine may be equipped with an indicator such as a tower lamp, and these will be switched on in a coded manner through the respective links. For example: (a) a system for alerting the machine with the first special win has its lamp said at least two players flashed rapidly, (b) the machine with the second special when they are playing win, next in line to have a special prize awarded from the on said LCD display, has its lamp flashed slowly, (c) the machine with interactive sign. the third special win has its lamp on continuously. (1:59 2:2) Claim 3 The gaming machine system of claim 1 wherein a player operates said bonusing game from any of said gaming machines linked to said LCD interactive sign. Parker The Figure and its description. A special win on any machine 1 triggers the control unit to make a random selection from the display matrix 3. The screens may separately lighten in an orderly or random manner over a period before the chosen one stays steadily illuminated. The prize associated with that screen is then claimed by the player of the machine with the special win. (3:25-30) The display includes at least one treasure chest key area which, if selected by the control unit after a special win, gives the player achieving that win a choice of one from a plurality of keys with which to try to open a treasure chest, only a limited number of which keys will work, and wherein a key once tried is discarded leaving one fewer keys for the next player achieving a special win and being offered a choice of treasure chest keys. (4:816)
24
Claim 6 The gam ming mach hine system of claim 1 wherein n said at lea ast two play yers playin ng said at least l two gaming machines linked together t en nter said bon nusing gam me during the t same play of said firs st game. D. D
Parker It t will be unusual u for r two or m more machin nes to prod duce special wins simultane eously, or s so close to ogether tha at the prize selectin ng process s resulting from one s special win n has no ot been com mpleted before the n next speci ial win occ curs. Bu ut it coul ld happen n, and the e control unit may y be programmed d to organ nise a queu ue system m, so that each dis splay prize e is issued in an order rly manner r. (1:53-5 59)
GROUND 2: CLAIMS L 1-3 AND 6 ARE E ANTICIPA ATED UNDE ER 35 U.S. .C. 102(E)(2) BY CANNON
Cannon C issu ued from an a applicat tion filed o on May 25 5, 2001, wh hich is prio or to the date e of applica ation for th he 088 pat tent. (WM MS-1005, p p.1.) Cann non qualifie es as prior art t under 35 U.S.C. 102(e)(2) 1 (pre-AIA). ( Cannon w was not be efore the Pa atent Office during d pros secution of f the 088 patent. p (W WMS-1001, pp. 1-2.) Notably, N however, th he Cannon n disclosu ure was b before the Patent Office during prosecution p n of a con ntinuation of o the 088 8 patent. ( (WMS-100 07, pp. 47-59.) The Examiner rej jected the claims of the Patent t Owners continuati ion applica ation for non nstatutory obviousnes o ss-type double paten nting becau use the claims were e not patentab bly distinct t from the claims of the t 088 pa atent. (Id. at p. 48.) The Exam miner then rej jected the claims as anticipated d by the C Cannon dis sclosure.2 (Id. at pp. . 492
In resp ponse, the Patent Ow wner amend ded the cla aims of the e continuati ion applica ation
to add limitations s that are not n presen nt in the cl laims of th he 088 pa atent. (W WMS1007, at t pp. 76-81 1 and 138-152.) 25
58.) That T is, the e Examine er rejected d, as antic cipated by the Cann non disclos sure, claims that t were not n patently y distinct from f the cl aims at iss sue in this p petition. This T strong gly suggest ts that if Cannon C had d been bef fore the Ex xaminer du uring prosecu ution of the 088 pat tent, the Examiner E w would hav ve rejected d the claim ms as anticipa ated by Ca annon. In ndeed, Can nnon disclo oses all th he limitatio ons of at least claims 1, 1 2, 3, and d 6 of the 088 patent t. Cannon C dis scloses a gaming mac chine syste em. (WM MS-1005, p p. 4 at Figu ure 2 and its description d n.) An exa ample of Cannons C gaming mac chine syste em is show wn in Figure 2 of Canno on, which is i reproduc ced below.
As A seen in Figure 2 above, Ca annons ga aming mac chine syste em include es at least tw wo gaming machines m linked l toge ether (labe eled 200 in Figure 2). . (WMS-1005, p. 10 at a 7:30-47.) The ga aming ma achines ma ay be slot t machines s, video p poker 26
machines, or any other electronic or electromechanical gaming machines. (WMS1005, p. 1 at Abstract; p. 9 at 5:29-31.) The linked gaming machines are linked to a display (labeled 202 in Figure 2). (WMS-1005, p. 10 at 7:30-47.) The display may be separate from, but linked to, the linked gaming machines. (See, e.g., id.; see also at Figure 2 and its
description.) Cannon also discloses that the display may be any type of display, such as a large screen television or monitor. (WMS-1005, p. 13 at 13:48-53.) A person having ordinary skill in the art would have understood large screen television to mean at least a plasma, LCD, or CRT screen. (WMS-1003, at 18.) In fact, Cannon specifically discloses that LCD screens were well-known in the prior art. (WMS-1005, p. 7 at 1:31-34; p. 14 at 15:2-7.) Cannon discloses that the linked gaming machines allow at least two players to play a first regular game on the linked gaming machines, such as a base slot machine game. (WMS-1005, p. 10 at 7:51-63.) For example, Cannon discloses that the base, or primary, game on each of gaming machines 200 may be, for example, a multiline, five reel spinning reel game, either electromechanical with actual moving reels or electronic with simulated reels and movement thereof. (Id.) Alternatively, the primary game or first gaming unit may comprise any other reel-type game, card game, or other game of chance susceptible to representation in an electronic or electromechanical form which produces a random outcome 27
upon activation through a wager therewith. (Id.) Cannon discloses that satisfying a certain operation of the linked gaming machines triggers a bonusing event from the linked machines. (WMS-1005, p. 8 at 4:60-62; p. 9 at 6:49-51.) For example, Cannon discloses that a feature event, which is a bonusing game in Cannon, may be triggered by one or more of the participating first gaming units having a predetermined outcome. (Id.) Cannon also discloses at least two different things connected to the linked gaming machines that direct at least two players of the linked gaming machines to play a bonusing game after an operation of the linked gaming machines triggers a bonusing event from the linked gaming machines. (WMS-1005, p. 10 at 8:60-65; p. 14 at 15:26-36.) More specifically, Cannon discloses a dialog box and
Cannon discloses an event controller. (Id.) For the dialog box, Cannon discloses that [w]hen the time for exhibition of the feature event has arrived, any players currently qualified for feature event participation may be queried through a dialog box 204 on each display screen 206 or otherwise readily visible to the player on the face of each gaming machine 200 as to whether they wish to participate in the next feature event. (WMS-1005, p. 10 at 8:60-65.) For the event controller, Cannon discloses that [t]he event controller 330 may be operable to initiate feature events in an automated manner and in accordance with preprogrammed parameters. (WMS-1005, p. 14 at 15:26-36.) 28
Cannon also discloses that the bonusing game is a video game played on the display, that the display shows the bonusing video game that players enter in once the trigger event occurs on the linked gaming machines, and that the display allows at least two players playing the linked gaming machines to enter the bonusing game and compete against each other by playing the bonusing video game on the display. (See, e.g., WMS-1005, pp. 11-13 at 9:36-11:28 and 14:8-33.) For
example, Cannon discloses that the feature event for which players become qualified to wager upon may be any of a number of contests or contest types. (WMS-1005, p. 11 at 9:36-38.) One example includes a live or simulated contest played on the display, such as a horse race or a race involving vehicles. (Id. at 9:38-45.) In this bonusing game, each of the qualified players places a bet from their linked gaming machines on the contestant or participant (e.g., the horse or car) they believe will prevail in the contest. (Id., at 9:45-48.) The contest is then played on the display. (WMS-1005, p. 9 at 6:38-51.) Cannon also discloses that the gaming machine system includes a system for alerting players when they are playing the bonusing game. (WMS-1005, p. 10 at 8:60-65.) As described above, Cannon discloses a dialog box for alerting
players when they are playing the bonusing game. (Id.) Cannon also discloses that a player operates the bonusing game from one of the linked gaming machines linked to the display, as opposed to operating the 29
bonusing game from a separate machine. (WMS-1005, p. 13 at 14:8-33.) For example, in one embodiment, Cannon discloses that players of the linked gaming machines play a bonusing game on the display involving a car race where the players pick the cars they think will win the race. (Id.) The player selects the car or cars it thinks will win from the linked gaming machine on which the player is playing. (Id.) Cannon also discloses that players playing the linked gaming machines enter the bonusing game at the same time. Specifically, Cannon discloses that two players may simultaneous[ly] enter the bonusing game. (WMS-1005, p. 9 at 6:37). Consequently, Cannon anticipates claims 1, 2, 3, and 6 of the 088 patent. As further support, Mr. Crevelt prepared the chart below identifying examples of where Cannon discloses each limitation of claims 1, 2, 3, and 6 of the 088 patent. (WMS-1003, at 18.) Mr. Crevelts citations in the chart are to WMS-1005. Claim 1 Cannon A gaming machine A method of gaming and related gaming devices and system comprising: systems. A base, or primary game is employed wherein qualification for an additional feature event is based upon one or more predetermined activities associated with the primary game. The primary game may include a slot machine type game, video poker, or other electronic or electromechanical type gaming machines. The feature event wagering opportunity for which qualification is sought to be earned by a player may include a live contest, a reenacted live contest, or what is termed herein a future feature contest. Banks of machines may be 30
Cannon networked for qualified participation in the feature event and such networking may include the linking of machines at remote locations and even the inclusion of gaming conducted via the Internet. (Abstract) at least two gaming Figures 2 and 3 and their descriptions. machines linked together, said gaming One embodiment of the present invention is shown and machines linked to an described wherein a bank of gaming machines 200 interactive sign; (shown as four by way of example only and not limitation), which may also be referred to as primary or first gaming units, are in communication with a feature event display 202. The feature event display 202 is preferably positioned so as to be viewable by players of each gaming machine 200 connected thereto. The display may be an existing display in a casino, such as the display utilized in a sportsbook venue of the casino and which may either experience periods of nonutilization, or which may be displaying a particular event on which wagers are otherwise being placed directly and such event is desired to serve as the basis for the feature event as shall be described below herein. (7:30-47) An event display is electronically coupled with the first gaming unit. The event display is configured to exhibit a feature event comprising at least one of a live contest, a reenacted live contest, or a future feature contest. (6:4549) A gaming unit may be configured to be networked with additional gaming units. Similarly the event display may be configured to be coupled with multiple gaming units. Thus, it is contemplated that the display and the gaming unit need not be housed as a single unit, but rather may be remotely located from one another. Indeed the display may be an existing display such as the monitor or large screen television utilized in the sportsbook area of a casino or gaming facility. (6:59-67) Depending upon the locations of gaming machines 31
Claim 1
Claim 1
Cannon configured for event qualification according to the present invention, an event display 202 may comprise one or more separate devices apart from the gaming machines 200 or, optionally, may be incorporated into each machine in addition to or in lieu of a separate, discrete event display. (13:58-63) With regard to the concept of linking or networking multiple gaming machines, FIG. 3 comprises a schematic illustrating multiple gaming machines 200 linked to a host computer in a manner suitable for implementing a feature event according to the present invention. Event wagering system 300 includes a central controller 302 operably 40 coupled to a plurality of gaming machines 200 designated as GM1 through GMx. Gaming machines 200 may comprise a single type of machine (e.g., reeltype or card game type), multiple types of machines, or may include multigame machines as known in the art. Central controller 302 links the plurality of gaming machines 200 for feature event participation, among other functions, and such linkage is not restricted to gaming machines 200 at a single site, such as a single casino. (14:34-48) The base, or primary, game on each of gaming machines 200 may be, for example, a multiline, five reel spinning reel game, either electromechanical with actual moving reels or electronic with simulated reels and movement thereof, the game awarding prizes when specified numbers, types and configurations of symbols (also termed elements, icons or indicia), occur on a winning pay line or otherwise visibly displayed in a winning pattern. Alternatively, the primary game or first gaming unit may comprise any other reel-type game, card game, or other game of chance susceptible to representation in an electronic or electromechanical form which produces a random outcome upon activation through a wager therewith. (7:51-63) When the time for exhibition of the feature event has arrived, any players currently qualified for feature event 32
said at least two gaming machines allowing at least two players playing a first regular game on said at least two gaming machines;
a device connected to said gaming machines
Claim 1 to direct said at least two players to play a second bonusing game after satisfying a certain operation of the linked gaming machines that triggers a bonusing event from said linked machines;
Cannon participation may be queried through a dialog box 204 on each display screen 206 or otherwise readily visible to the player on the face of each gaming machine 200 as to whether they wish to participate in the next feature event. (8:60-65) The event controller 330 may be operable to initiate feature events in an automated manner and in accordance with preprogrammed parameters. For example, the event controller 330 may, and preferably is, programmed to schedule and initiate feature events, implement an event pay table 30 or payout ratio distinct from that of a primary game, and provide information to event displays 202 (either on gaming machines 200 on a display segment 318b or on separate event displays 202, for example, associated with banks of gaming machines 200) between and/or during events as heretofore described. (15:26-36) The timing of the feature event may be set up as is determined to be most desirable by the operator. However, as examples of such feature event timing, the feature event may be activated at predetermined time intervals or when a predetermined number of players have placed wagers with or have otherwise qualified through the participating first gaming units. Alternatively, the feature event may be activated randomly, dependent upon one or more of the participating first gaming units having a predetermined outcome. Of course, if a live contest is being exhibited as the feature event, it is expected that such a contest will take place at a specified, predetermined time. However, greater flexibility in the timing of the event may exist with respect reenacted live contests and future feature contests. (4:54-67) The feature event wagering opportunity for which qualification is sought to be earned by a player may include a live contest, a reenacted live contest, or what is termed herein a future feature contest. (Abstract) 33
said second bonusing game is a bonusing video game to be played on said
Claim 1 interactive sign;
Cannon The feature event may comprise at least one of a live contest, a reenacted live contest, or a future feature contest for which one or more players may be qualified through play on primary gaming units. Details of such contests shall be defined and described in greater detail below. However, as an example, a live contest may include a live horse race, broadcast or displayed for the player to watch and wager upon. Similarly, an example of a reenacted live contest may include the broadcast or display of a horse race, randomly selected from a plurality of previously run horse races. A future feature contest, for example, might include a simulated horse race wherein the winner is randomly selected and the odds provided are similar to those of an actual horse race. (4:16-28) Referring to FIG. 2, one embodiment of the present invention is shown and described wherein a bank of gaming machines 200 (shown as four by way of example only and not limitation), which may also be referred to as primary or first gaming units, are in communication with a feature event display 202. The feature event display 202 is preferably positioned so as to be viewable by players of each gaming machine 200 connected thereto. The display may be an existing display in a casino, such as the display utilized in a sportsbook venue of the casino and which may either experience periods of nonutilization, or which may be displaying a particular event on which wagers are otherwise being placed directly and such event is desired to serve as the basis for the feature event as shall be described below herein. (7:30-40) A gaming unit may be configured to be networked with additional gaming units. Similarly the event display may be configured to be coupled with multiple gaming units. Thus, it is contemplated that the display and the gaming unit need not be housed as a single unit, but rather may 34
Claim 1
Cannon be remotely located from one another. Indeed the display may be an existing display such as the monitor or large screen television utilized in the sportsbook area of a casino or gaming facility. (6:59-67)
As will be clear to one of ordinary skill in the art, the foregoing description of a video display of the feature event may be implemented through a single display, or group of displays housed in a decorative casing or casings comprising the gaming machine chassis and coupled, directly or indirectly, to a common central controller 302 such as 5 through a local area network (LAN) and/or through a wide area network (WAN). (15:66 16:6) said interactive sign The display may be an existing display such as the comprising an LCD monitor or large screen television utilized in the screen; sportsbook area of a casino or gaming facility. (6:59-67; 1:25-37) A person having ordinary skill in the art would have understood large screen television to mean at least a plasma, LCD, or CRT screen. A display screen 110 (e.g., a cathode ray tube (CRT), plasma display, liquid crystal display (LCD), and/or a display based on light emitting diodes (LED)). (1:3134) The drivers 316 are, in turn, operably coupled to a video display 318, which may comprise, for example, a cathode ray tube (CRT), plasma display, liquid crystal display (LCD), and/or a display based on light emitting diodes (LED), possibly including a touchscreen input function. (15:2-7) An event display is electronically coupled with the first gaming unit. The event display is configured to exhibit a feature event comprising at least one of a live contest, a reenacted live contest, or a future feature contest. (6:4549)
said LCD screen displaying said bonusing video game that players enter in once said bonusing trigger event occurs on the said at least two In accordance with one aspect of the invention, a 35
Claim 1 linked machines;
Cannon gaming method of qualifying for, and conducting, a game of chance is provided. The inventive method includes providing a player with an opportunity to place a wager for play of a primary game on a first gaming unit. A random outcome, such as, for example, a random combination of indicia shown on a plurality of reels or simulated reels, is produced by the first gaming unit. Alternatively, the random outcome may be represented in the form of randomly dealt cards such as in an electronic video poker machine. Similarly, other electronic or electromechanical primary games of chance are suitable for producing one of a plurality of random outcomes wherein certain predetermined random outcomes serve as winning outcomes. Based upon a predetermined aspect of play or wagering with the first gaming unit to one or more predetermined outcomes of the plurality of random outcomes, the player is then qualified for an opportunity to participate in a feature event. Stated another way, the player of the primary game may, in addition to or in lieu of a monetary payout, win a wager on a feature event. (3:64 4:15) The timing of the feature event may be set up as is determined to be most desirable by the operator. However, as examples of such feature event timing, the feature event may be activated at predetermined time intervals or when a predetermined number of players have placed wagers with or have otherwise qualified through the participating first gaming units. Alternatively, the feature event may be activated randomly, dependent upon one or more of the participating first gaming units having a predetermined outcome. Of course, if a live contest is being exhibited as the feature event, it is expected that such a contest will take place at a specified, predetermined time. However, greater flexibility in the timing of the event may exist with respect reenacted live contests and future feature contests. (4:54-67) LCD The feature event for which players become qualified to 36
wherein
said
Claim 1 interactive sign allowing said at least two players playing said at least two linked gaming machines enter said bonusing game and compete against each other by playing said bonusing video game on said LCD interactive sign.
Cannon wager upon may be any of a number of contests or contest types. One example of a wagering event includes a live contest. While such contests may include any number of live events, such as sporting events, it is contemplated that the event be relatively short in duration. Thus, a contest such as a horse race, a dog race, a track and field event, a ski race, or a race involving vehicles with a short track length or duration (i.e., drag race or sprint race) would all be appropriate. In exhibiting a live event, such as a horse race, the qualified players would, in all probability, be allowed to place a bet on the contestant or participant they believe would prevail in the contest. (9:35-48) Another type of contest which may be used for the wagering event is that which shall be termed a future feature contest. A future feature contest, as used herein, is defined as a simulated contest with at least two participants or contestants wherein the outcome of the contest is random and also independent of any outcome produced by any of the participating primary gaming units. Another possible element of the future feature contest may be that, as in the case of live or recorded feature events, there is the potential for all qualified players to win or for all qualified players to lose since all qualified players may potentially wager on the same participant or contestant. A future feature contest may include simulations of actual contests, such as the simulation of a live race or other sporting contest. Such simulations, given the current and emerging technology regarding animation graphics, may even appear to be a live or reenacted live contest. The odds of winning a wager placed in such a contest may be tightly controlled with each contest being randomly determined by, for example, a random number generator. Use of a simulated feature event permits a wide range of possible themes, such as a race between characters themed to a particular game (parrot, whale, bee, etc.), or to a mascot or other identifying character associated with a particular 37
Claim 1
Cannon casino (MGM Lion, Mirage white tigers, Venetian gondolas, etc.). Casino themes may be particularly effective in a linked, inter-casino feature event where a player must be physically present in a particular casino to wager on its particular contestant representing it in the feature event. A lottery-like drawing or casino style game may also be used, if desired, as a feature event. (10:66-11:28) As yet another variation, a winner-take-all pool, which may be funded by a percentage of the feature event credits or points wagered may be provided. If so, the player or players placing a successful wager in the event will be awarded the winner-take-all pool. In the event of multiple winners, the award may be structured such that it is split between the multiple winners, or a tie breaker may be performed through conduct of an additional feature event. Other means of breaking such a tie may be utilized including assessing criteria associated with the players' wagering on the primary gaming units such as which player was first in time to qualify for the feature event. If the feature event is structured as a race event, the order of finish of players' entries may be used to provide awards of varying magnitude or, alternatively, the order or placing of each entrant which has not completed the race at the time the first finisher crosses the finish line may be used to determine awards for those other players. If the feature event is an elimination competition, such that only one entrant or contestant remains at the end of the event, the winner may be the last competitor. If a number of gaming machines contribute to the win of a winning competitor, the associated award may be split in proportion to each gaming machine's contribution. (13:15-38)
Claim 2 The gaming machine system of claim 1 further comprising:
Cannon When the time for exhibition of the feature event has arrived, any players currently qualified for feature event participation may be queried through a dialog box 204 on 38
Cannon each display screen 206 or otherwise readily visible to the player on the face of each gaming machine 200 as to a system for alerting said at least two players whether they wish to participate in the next feature event. when they are playing (8:60-65) on said LCD interactive sign. Claim 3 The gaming machine system of claim 1 wherein a player operates said bonusing game from any of said gaming machines linked to said LCD interactive sign. Cannon Buttons, keys or other user input devices 114 are also operably coupled to CPU 106 for initiating game play and for other functions associated with play of a game. (1:37-40) One specific implementation of the present invention is in the context of a bank of gaming machines connected to a feature event device such as an event controller, as described more particularly below with reference to FIG. 3, and to one or more large displays visible from each machine as previously described with respect to FIG. 2. The feature event device is programmed to depict a car race having eight cars entered. The race runs every ten minutes and runs for approximately twenty seconds. Each car has equal odds of winning. Awards are made based upon which cars finish first, second and third. Prize pools are established for win, place (first or second), show (first, second or third), exacta (first and second, in order) and trifecta (first three places in order). If a prize pool is not won, it carries over to the next race. The gaming machines each have a five reel, multiline spinning reel game in the form of an electronic game with video display. One symbol is a car. If a player is wagering all paylines in the reel game and gets five cars anywhere on the display, he wins an entry into the feature event. A first entry earned allows the player to select a car to win. If a second entry is earned, that entry allows the player to select a car to place, which also qualifies him for the exacta. If he earns a third entry, that entry allowed him to select a car to show, which also qualifies him for the trifecta. If additional entries are 39
Claim 2
Claim 3
Cannon earned before the feature event, another wager sequence as described immediately above is commenced. (14:833) Cannon The timing of the feature event may be set up as is determined to be most desirable by the operator. However, as examples of such feature event timing, the feature event may be activated at predetermined time intervals or when a predetermined number of players have placed wagers with or have otherwise qualified through the participating first gaming units. Alternatively, the feature event may be activated randomly, dependent upon one or more of the participating first gaming units having a predetermined outcome. Of course, if a live contest is being exhibited as the feature event, it is expected that such a contest will take place at a specified, predetermined time. However, greater flexibility in the timing of the event may exist with respect reenacted live contests and future feature contests. (4:54-67) In any case, all of the machines may be networked such that they all participate in the same feature event through a simultaneous exhibition of the event through the displays of the secondary gaming units. (6:3-7) One or more of a plurality of criteria may be selected to initiate exhibition of the feature event, including initiation at regular intervals (i.e., trigger an event one half hour after conclusion of the last), according to a specific schedule (every hour on the half hour), according to the number of qualified players (when fifty players have qualified for wagering in the feature event), or randomly throughout the day. (9:20-27)
Claim 6 The gaming machine system of claim 1 wherein said at least two players playing said at least two gaming machines linked together enter said bonusing game during the same play of said first game.
40
E. E
GROUND 3: CLAIMS L 1-3 AND 6 ARE E ANTICIPA ATED UNDE ER 35 U.S. .C. 102(B) BY MAR RNELL
Marnell M issued on February 28, , 1995, wh hich is mor re than on ne year prio or to the date e of applica ation for th he 088 pat tent. (WM MS-1006, p. 1.) Marn nell qualifie es as prior ar rt under 35 5 U.S.C. 102(b) (p pre-AIA). Marnell, h however, w was not be efore the Pate ent Office during d prosecution of the 088 patent. (W WMS-1001 1, pp. 1-2.) Marnell M dis scloses a gaming mac chine syste em. (WM MS-1006, p. . 1 at Abst tract; p. 6 at Figure 5 and a its des scription.) An exam mple of Ma arnells ga aming mac chine system is shown in n Figure 5 of Marnel ll, which is s reproduce ed below.
Marnells M system s inc cludes a plurality p of f game ap pparatus lin nked toget ther (labeled d 21 in Figu ure 5 abov ve). (WMS S-1006, p. 11 at 9:49-50.) The linked gam ming machine es are electronic pri imary gam ming device e[s], such a as a poker gaming de evice or slot machine, having h a display d and d input bu uttons for p play of a p primary ga ame, such as a poker ga ame. (WM MS-1006, p. 7 at 2:35 5-39.) 41
The linked games machines are linked to a display assembly (labeled 82 in Figure 5 above). (WMS-1006, p. 11 at 9:51-54.) Marnell discloses that the
display assembly is separate from, but linked to, the linked gaming machines. (Id. at 9:49-54.) Marnell also discloses that the display assembly is a bingotype device that typically includes a bingo display assembly, which can be a video display with an associated indicia image generator, or it can be provided by other display means capable of providing a bingo matrix of spaces in which indicia can be displayed. (WMS-1006, p. 9 at 5:22-27.) A person having ordinary skill in the art would have understood the video display to mean at least a plasma, LCD, or CRT screen. (WMS-1003, at 19.) Marnell discloses that the linked gaming machines allow at least two players to play a first regular game on the linked gaming machines, such as a base slot machine game. (WMS-1006, p. 7 at 2:35-39.) For example, Marnell discloses that the electronic gaming apparatus of the present invention comprises, briefly, an electronic primary gaming device, such as a poker gaming device or slot machine, having a display and input buttons for play of a primary game, such as a poker game. (Id.) Marnell discloses that satisfying a certain operation of the linked gaming machines triggers a bonusing event from the linked machines. (Id. at 2:35-68.) For example, Marnell discloses a bingo bonusing event. 42 (Id.) In one
embodiment, the bingo matrix spaces are filled by a random generator device with indicia related to the primary gaming device. (Id.) When predetermined results occur in the primary game, such as a poker hand or slot machine set of reels, these results are automatically entered in the secondary game. (Id.) In another
embodiment, however, user-actuatable space selection assembly, usually buttons, for the selection of spaces in the bingo matrix for input into the bingo game are provided. (Id.) Upon the occurrence of selected poker hands, the poker gaming device activates the user actuatable space selection assembly for input to the bingotype gaming device. (Id.) Marnell also discloses at least one thing connected to the linked gaming machines that direct at least two players of the linked gaming machines to play a bonusing game after an operation of the linked gaming machines triggers a bonusing event from the linked gaming machines. (WMS-1006, p. 10 at 8:23-32.) More specifically, Marnell discloses a microprocessor means. (Id.) Marnell explains that [i]f the player is able to draw one of the predetermined poker hands, poker gaming apparatus 22b, and more particularly microprocessor means 33 (FIG. 4), will send a signal to bingo microprocessor means 69 (FIG. 4) activating a keypad 54 for the selection of one space 52b in bingo matrix 51b. (Id.) Marnell also discloses that the bonusing game is a video game played on the display, that the display shows the bonusing video game that players enter in once 43
the trigger event occurs on the linked gaming machines, and that the display allows at least two players playing the linked gaming machines to enter the bonusing game and compete against each other by playing the bonusing video game on the display. (See, e.g., WMS-1006, p. 7 at 2:35-68; p. 8 at 3:34-46.) For example, Marnell discloses that a plurality of such electronic primary gaming devices are electronically linked to a single electronic bingo gaming device so that each player can play independent poker or slot machine games and play against each other in a common bingo game. (Id.) Marnell also discloses that the gaming machine system includes a system for alerting players when they are playing the bonusing game. (WMS-1006, p. 7 at 2:54-57.) As described above, Marnell discloses that [u]pon the occurrence of selected poker hands, the poker gaming device activates the user actuatable space selection assembly for input to the bingo-type gaming device. (Id.) Marnell also discloses that a player operates the bonusing game from one of the linked gaming machines linked to the display, as opposed to operating the bonusing game from a separate machine. (See, e.g., WMS-1006, p. 7 at 2:35-68; p. 8 at 3:34-46.) For example, Marnell discloses that the linked gaming machines have user-actuatable space selection assembly, usually buttons, for the selection of spaces in the bingo matrix for input into the bingo game. (WMS-1006, p. 7 at 2:39-68.) 44
Marnell also discloses that players playing the linked gaming machines enter the bonusing game at the same time. (WMS-1006, p. 11 at 9:55-58.) Specifically, Marnell discloses that two players may simultaneously enter and play the bonusing game. (Id.) Consequently, Marnell anticipates claims 1, 2, 3, and 6 of the 088 patent. As further support, Mr. Crevelt prepared the chart below identifying examples of where Marnell discloses each limitation of claims 1, 2, 3, and 6 of the 088 patent. (WMS-1003, at 19.) Mr. Crevelts citations in the chart are to WMS-1006. Claim 1 A gaming machine system comprising: Marnell Figure 5 and its description. An electronic gaming apparatus (21) including an electronic primary gaming device (22), such as a poker gaming device or slot machine and an electronic secondary gaming device (23). The electronic poker gaming device (22) is electrically coupled to the electronic secondary gaming device (23), and the primary gaming device (22) is responsive to the occurrence of selected events, such as poker hands or slot machine reel combinations, for input into the secondary gaming device (23). Thus, the occurrence of poker hands in the poker gaming device (22) produces selection of a space (52) in the bingo matrix (51) of a bingo-type gaming device (23). A plurality of poker gaming devices or slot machines (21,-21!6) can be electrically coupled to a common bingo gaming device (23) for simultaneous play of a single bingo game by a plurality of players, each of whom is playing his or her own individual poker game. (Abstract) Figure 5 and its description. The electronic gaming apparatus of the present 45
at least two gaming machines linked together, said gaming
Claim 1 machines linked to an interactive sign;
said at least two gaming machines allowing at least two players playing a first regular game on said at least two gaming machines; a device connected to
Marnell invention comprises, briefly, an electronic primary gaming device, such as a poker gaming device or slot machine, having a display and input buttons for play of a primary game, such as a poker game; and electronic secondary gaming device, such as a bingo-type gaming device, including a display, such as a bingo matrix having a plurality of spaces. The poker gaming device and the bingo-type gaming device are electrically connected together. In one embodiment of the invention, the bingo matrix spaces are filled by a random generator device with indicia related to the primary gaming device. When predetermined results occur in the primary game, such as a poker hand or slot machine set of reels, these results are automatically entered in the secondary game. In another embodiment, user-actuatable space selection assembly, usually buttons, for the selection of spaces in the bingo matrix for input into the bingo game are provided. Upon the occurrence of selected poker hands, the poker gaming device activates the user actuatable space selection assembly for input to the bingo-type gaming device. The input to the bingo-type gaming device is made to a space in the bingo matrix selected by the user using the user-actuatable space selection assembly, and the input preferably corresponds in value to the value of the poker hand which has occurred in the poker gaming device. A plurality of electronic gaming apparatus of the type described preferably are electrically connected to a single bingo-type gaming device for simultaneous play of the bingo game by a plurality of individual players, which each are playing their own independent poker game. (2:35-68) The electronic gaming apparatus of the present invention comprises, briefly, an electronic primary gaming device, such as a poker gaming device or slot machine, having a display and input buttons for play of a primary game, such as a poker game. (2:35-39) Figures 3 and 4 and their descriptions. An electronic secondary gaming device, such as a 46
Claim 1 said gaming machines to direct said at least two players to play a second bonusing game after satisfying a certain operation of the linked gaming machines that triggers a bonusing event from said linked machines;
Marnell bingo-type gaming device, including a display, such as a bingo matrix having a plurality of spaces. The poker gaming device and the bingo-type gaming device are electrically connected together. In one embodiment of the invention, the bingo matrix spaces are filled by a random generator device with indicia related to the primary gaming device. When predetermined results occur in the primary game, such as a poker hand or slot machine set of reels, these results are automatically entered in the secondary game. In another embodiment, user-actuatable space selection assembly, usually buttons, for the selection of spaces in the bingo matrix for input into the bingo game are provided. Upon the occurrence of selected poker hands, the poker gaming device activates the user actuatable space selection assembly for input to the bingo-type gaming device. The input to the bingo-type gaming device is made to a space in the bingo matrix selected by the user using the useractuatable space selection assembly, and the input preferably corresponds in value to the value of the poker hand which has occurred in the poker gaming device. A plurality of electronic gaming apparatus of the type described preferably are electrically connected to a single bingo-type gaming device for simultaneous play of the bingo game by a plurality of individual players, which each are playing their own independent poker game. (2:39-68) The electronic gaming apparatus of the present invention in its preferred form is comprised of a conventional electronic poker gaming device or a conventional reel-type slot machine which is electronically linked to an electronic bingo playing device in a manner enabling play of the bingo gaming device only upon the occurrence of winning hands in the poker gaming device or winning reel combinations in the slot machine. Most preferably a plurality of such electronic primary gaming devices are electronically linked to a single electronic bingo gaming device so that 47
Claim 1
Marnell each player can play independent poker or slot machine games and play against each other in a common bingo game. (3:34-46) If the player is able to draw one of the predetermined poker hands, poker gaming apparatus 22b, and more particularly microprocessor means 33 (FIG. 4), will send a signal to bingo microprocessor means 69 (FIG. 4) activating a keypad 54 for the selection of one space 52b in bingo matrix 51b. The player then touches a desired button 56b, and the selected space, for example, space 66b and corresponding memory in microprocessor means 69 are input with indicia generated electronically by indicia image generator 62. (8:23-32) When a secondary electronic gaming device is a bingotype device it typically will include a bingo display assembly 51, which can be a video display with an associated indicia image generator, or it can be provided by other display means capable of providing a bingo matrix of spaces 52 in which indicia 53 can be displayed. (5:22-27) When a secondary electronic gaming device is a bingotype device it typically will include a bingo display assembly 51, which can be a video display with an associated indicia image generator, or it can be provided by other display means capable of providing a bingo matrix of spaces 52 in which indicia 53 can be displayed. (5:22-27) A person having ordinary skill in the art would have understood video display to mean at least a plasma, LCD, or CRT screen. The electronic gaming apparatus of the present invention in its preferred form is comprised of a conventional electronic poker gaming device or a conventional reel-type slot machine which is electronically linked to an electronic bingo playing device in a manner enabling play of the bingo gaming device only upon the occurrence of winning hands in the poker gaming device or winning reel combinations in the slot machine. Most preferably a plurality of such 48
said second bonusing game is a bonusing video game to be played on said interactive sign; said interactive sign comprising an LCD screen;
said LCD screen displaying said bonusing video game that players enter in once said bonusing trigger event occurs on the said at least two linked gaming machines;
Claim 1
wherein said LCD interactive sign allowing said at least two players playing said at least two linked gaming machines enter said bonusing game and compete against each other by playing said bonusing video game on said LCD interactive sign. Claim 2 The gaming machine system of claim 1 further comprising:
Marnell electronic primary gaming devices are electronically linked to a single electronic bingo gaming device so that each player can play independent poker or slot machine games and play against each other in a common bingo game. (3:34-46) Most preferably a plurality of such electronic primary gaming devices are electronically linked to a single electronic bingo gaming device so that each player can play independent poker or slot machine games and play against each other in a common bingo game. (3:34-46)
Marnell If the player is able to draw one of the predetermined poker hands, poker gaming apparatus 22b, and more particularly microprocessor means 33 (FIG. 4), will send a signal to bingo microprocessor means 69 (FIG. 4) activating a keypad 54 for the selection of one space 52b a system for alerting said at least two players in bingo matrix 51b. The player then touches a desired when they are playing button 56b, and the selected space, for example, space 66b and corresponding memory in microprocessor on said LCD means 69 are input with indicia generated electronically interactive sign. by indicia image generator 62. (8:23-32) Claim 3 The gaming machine system of claim 1 wherein a player operates said bonusing game from any of said gaming machines linked to said LCD Marnell An electronic secondary gaming device, such as a bingo-type gaming device, including a display, such as a bingo matrix having a plurality of spaces. The poker gaming device and the bingo-type gaming device are electrically connected together. In one embodiment of the invention, the bingo matrix spaces are filled by a random generator device with indicia related to the 49
Claim 3 interactive sign.
Marnell l primary gam ming devi ice. When n predeter rmined results oc ccur in the primary g game, such h as a poke er hand or r slot ma achine set t of reels s, these re esults are automatic cally en ntered in th he seconda ary game. In another r embodim ment, user-actuatab ble space e selectio on assem mbly, usu ually bu uttons, for the select tion of spa aces in the e bingo m matrix for r input int to the bin ngo game are provid ded. Upon n the oc ccurrence of o selected d poker h hands, the poker gam ming de evice activ vates the user actu uatable sp pace selec ction assembly for r input to t the bingo-t type gamin ng device. The inp put to the bingo-type b e gaming d device is m made to a space in the bingo o matrix se elected by the user u using the u users sele ection ass sembly, a and the i input actuatable space preferably co orresponds s in value to the valu ue of the p poker ha and which has occurr red in the p poker gam ming device e. A plu urality of electronic c gaming apparatus s of the type de escribed preferably ar re electrica ally connec cted to a si ingle bin ngo-type gaming g de evice for s simultaneous play of f the bin ngo game by a plur rality of in ndividual p players, w which ea ach are pla aying their own ind dependent poker gam me. (2:39-68) Marnell l M Most preferably a pl lurality of such electronic prim mary ga aming dev vices are electronica ally linked d to a si ingle ele ectronic bi ingo gamin ng device so that ea ach player r can pla ay indepen ndent poke er or slot m machine games and play ag gainst each other in a common b bingo gam me. (3:34-46) E Each player r at machin nes 211-2116, therefo ore will be able to view the progress o of the com mmon, or s simultaneo ously pla ayed, bing go game on n one of g game scree ens 83, 84 4, 85 an nd 86. (9:55-58)
Claim 6 The gam ming mach hine system of claim 1 n said at lea ast wherein two play yers playin ng said at least l two gaming machines linked together t en nter said bon nusing gam me during the t same play of said firs st game. F. F
GROUND 4: CLAIMS 1-3 3 AND 6 AR RE RENDER RED OBVIO OUS UNDER R 35 U.S.C C. 103 BY Y PARKER
Parker P antic cipates cla aims 1, 2, 3, 3 and 6 of f the 088 p patent for all the rea asons 50
set forth h above in n Section VI(C). V In the altern native, clai ims 1, 2, 3 3, and 6 of f the 088 pa atent are ren ndered obv vious unde er 35 U.S.C C. 103 by y Parker. As A noted above, a a person p ha aving ordin nary skill in the ar rt would h have understo ood the television screen in i Parker to mean at least a LCD scr reen. (WMS-1003, at 17.) If f the Boar rd disagree es, howev ver, it wou uld have b been
obvious s to a perso on having ordinary skill s in the art to mod dify Parker r with an L LCD screen because b th he type of f televisio on screen would ha ave been a mere de esign choice from f well-known op ptions, inclu uding LCD D screens. (Id. at 20.) A pe erson having ordinary sk kill in the art a would have h know wn an LCD D screen wo ould better r suit the gam ming enviro onment, as s opposed to t CRT di isplays or p projection screens w which take up more spac ce and do not provid de as clear a picture as an LCD D screen. (Id.) Indeed, for that very v reason n, the exam miner foun nd during prosecutio on of the 088 patent th hat an LCD D screen would w have e been obvi ious to per rson having g ordinary skill in the ar rt. (WMS-1002, at p. p 306.) Thus, T even if the Boa ard finds th hat Parker does not anticipate claims 1, 2, 3, and 6 of f the 088 patent, p the e claims are e still inval lid as obvi ious in view w of Parke er. G. G GROUND 5: CLAIMS 1-3 3 AND 6 AR RE RENDER RED OBVIO OUS UNDER R 35 U.S.C C. 103 BY Y PARKER IN VIEW O OF MARNEL LL
Parker P and Marnell both b anticip pate claim ms 1, 2, 3, and 6 of t the 088 pa atent for all the t reasons s set forth above in Section S VI I(C) and V VI(E). In t the alterna ative, claims 1, 1 2, 3, and d 6 of the 088 patent t are rende ered obviou us under 35 5 U.S.C. 103 51
by Parker in view of Marnell. A person having ordinary skill in the art would have been motivated to combine the teachings of Parker and Marnell. (WMS-1003, at 21.) Both Parker and Marnell are directed to gaming machines systems with linked gaming machines linked to a separate display on which a bonusing game is played. (Id.) Both references are also concerned with making such gaming machine systems more appealing to players. (Id.) Marnell discloses a user-actuatable space selection assembly, usually buttons, that players use to interact with the bonusing game played on the display linked to the gaming machines. (Id.) To the extent the Board finds, or the Patent Owner argues, that claims 1, 2, 3, and/or 6 of the 088 patent require that the players of the linked gaming machines directly control the bonusing game played on the interactive sign, WMS contends both Parker and Marnell teach that limitation for the reasons set forth in Sections VI(C) and VI (E) above. Nonetheless, it would have been obvious to a person having ordinary skill in the art to modify Parker to include the user-actuatable space selection assembly taught by Marnell so that players of Parkers system could use that assembly to play the bonusing game on the display. (WMS-1003, at 21.) A person having ordinary skill in the art would have known that providing the assembly as taught by Marnell would have improved the gaming machine system of Parker and made it more 52
appealin ng to play yers. (Id.) Moreove er, a perso on having ordinary s skill in the e art would not n have perceived p any technical, comm mercial or conceptua al obstacle es to combining the dis sclosures of Parker an nd Marnell l in this wa ay. (Id.) Thus, T even if the Boa ard finds th hat Parker does not anticipate claims 1, 2, 3, and 6 of f the 088 patent, the e claims are e still inva alid as obvi ious by Par rker in view of Marnell l. H. H GROUND 6: CLAIMS 1-3 3 AND 6 AR RE RENDER RED OBVIO OUS UNDER R 35 U.S.C C. 103 BY Y CANNON N IN VIEW O OF MARNE ELL
Cannon C and d Marnell both antici ipate claim ms 1, 2, 3, and 6 of t the 088 pa atent for all the t reasons s set forth above in Sections S V VI(D) and V VI(E). In t the alterna ative, claims 1, 1 2, 3, and d 6 of the 088 patent t are rende ered obviou us under 35 5 U.S.C. 103 by Cann non in view w of Marne ell. A person having h ord dinary skil ll in the a art would have been n motivate ed to combine the teac chings of Cannon an nd Marnel ll. (WMS S-1003, at t 21.) B Both Cannon n and Marn nell are dir rected to ga aming mac chines syst tems with linked gam ming machine es linked to t a separa ate display y on which h a bonusin ng game is s played. (Id.) Both re eferences are a also co oncerned with w makin ng such g gaming ma achine syst tems more ap ppealing to o players. (Id.) Fur rthermore, Cannon ci ited Marne ell as prior r art. (WMS-1005, p.1.) ) A person n having ordinary o sk kill in the a art would b be motivate ed to combine a referen nce that ref fers to, or otherwise o e explicitly i invites com mbination w with, another reference e. See Bayer Hea althcare P Pharmaceu uticals, In nc. v. Wa atson 53
Pharmaceuticals, Inc., 713 F.3d 1369, 1375 (Fed. Cir. 2013) (indicating that the express reference of one prior art reference to another provides a motivation to combine the references). Marnell discloses a user-actuatable space selection assembly, usually buttons, that players use to interact with the bonusing game played on the display linked to the gaming machines. (WMS-1003, at 22.) To the extent the Board finds, or the Patent Owner argues, that claims 1, 2, 3, and/or 6 of the 088 patent require that the players of the linked gaming machines directly control the bonusing game played on the interactive sign, WMS contends both Cannon and Marnell teach that limitation for the reasons set forth in Sections VI(D) and VI (E) above. Nonetheless, it would have been obvious to a person having ordinary skill in the art to modify Cannon to include the user-actuatable space selection assembly taught by Marnell so that players of Parkers system could use that assembly to play the bonusing game on the display. (Id.) A person having ordinary skill in the art would have known that providing the assembly as taught by Marnell would have improved the gaming machine system of Cannon and made it more appealing to players. (Id.) Moreover, a person having ordinary skill in the art would not have perceived any technical, commercial or conceptual obstacles to combining the disclosures of Cannon and Marnell in this way. (Id.) Thus, even if the Board finds that Cannon does not anticipate claims 1, 2, 3, 54
and 6 of the 088 patent, the e claims ar re still inva alid as obv vious by C Cannon in v view of Marn nell. I. . GROUND 7: CLAIMS 1-3 3 AND 6 AR RE RENDER RED OBVIO OUS UNDER R 35 U.S.C C. 103 BY Y MARNEL LL
Marnell M ant ticipates cl laims 1, 2, 3, and 6 o of the 088 patent for all the rea asons set forth h above in n Section VI(E). V In the altern native, claims 1, 2, 3 3, and 6 of f the 088 pa atent are ren ndered obv vious unde er 35 U.S.C C. 103 by y Marnell. As A noted above, a a person p ha aving ordin nary skill in the ar rt would h have understo ood the v video display in Marnell to m mean at le east a LCD D CRT scr reen. (WMS-1003, at 19.) If f the Boar rd disagree es, howev ver, it wou uld have b been
obvious s to a perso on having ordinary o sk kill in the a art to modi ify Marnel ll with an L LCD screen because b the type of video disp play wou uld have be een a mere e design ch hoice from we ell-known options, in ncluding LCD L screen ns. (Id. at t 23.) A person ha aving ordinary y skill in the t art wo ould have known k an LCD scre een would better suit t the gaming environment, as opp posed to CRT display ys or proje ection scree ens which take up mor re space an nd do not provide as a clear a picture as s an LCD D screen. (Id.) Indeed, for that very v reason n, the exam miner foun nd during prosecutio on of the 088 patent th hat an LCD D screen would w have e been obvi ious to per rson having g ordinary skill in the ar rt. (WMS-1002, at p. p 306.) Thus, T even if the Boa ard finds th hat Marnell l does not anticipate claims 1, 2, 3, and 6 of f the 088 patent, p the e claims are e still inval lid as obvi ious in view w of Marnell. 55
VII.
CONCLUSION For all the reasons set forth above, WMS requests that the Board institute a
trial for inter partes review of claims 1, 2, 3, and 6 of the 088 patent, and cancel those claims as invalid.
Dated: November 4, 2013
Respectfully submitted, /Timothy C. Meece/ Timothy C. Meece (Reg. No. 38,553) tmeece@bannerwitcoff.com BANNER & WITCOFF, LTD. 10 South Wacker Drive, Suite 3000 Chicago, IL 60606 Telephone: 312.463.5406 Facsimile: 312.463.5001 Attorney for Petitioner, WMS Gaming Inc.
56
CERTIFICATE OF SERVICE The undersigned certifies service pursuant to 37 C.F.R. 42.6(e) and 42.105(b) on the Patent Owner by overnight mail of a copy of this Petition for Inter Partes Review and Exhibits WMS-1001-1008, at the following correspondence address of record for U.S. Patent No. 7,892,088: Philip M. Weiss WEISS & WEISS 300 Old Country Road Suite 251 Mineola, NY 11501 The undersigned also certifies service pursuant to 37 C.F.R. 42.6(e) and 42.105(b) on the Patent Owners lead litigation counsel by overnight mail of a copy of this Petition for Inter Partes Review and Exhibits WMS-1001-1008, at the following address: Robert A. Rowan Nixon & Vanderhye P.C. 901 North Glebe Road Arlington, Virginia 22203
Dated: November 4, 2013
/Timothy C. Meece/ Timothy C. Meece Attorney for Petitioner, WMS Gaming Inc.
57

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UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _____________

C SION.......................................... .................................. ....................56 VII. CONCLUS

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

SERV VICE INFOR RMATION

STAT TEMENT OF F PRECISE E RELIEF R EQUESTE ED OF CHALLENGE E

AND ID DENTIFICAT TION

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

applicants then participated in two interviews.

(Id. at pp. 415, 420.)

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

specification provides that, in one embodiment, the [i]nteractive sign is a ferris 11

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

a device connected to said gaming machines to direct said at least

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

said interactive sign comprising an LCD screen;

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 2 The gaming machine system of claim 1 further comprising:

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

a device connected to said gaming machines

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

said second bonusing game is a bonusing video game to be played on said

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 1 interactive sign;

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 1 linked machines;

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 2 The gaming machine system of claim 1 further comprising:

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

at least two gaming machines linked together, said gaming

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 1 machines linked to an interactive sign;

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

Claim 3 interactive sign.

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

U.S. Patent No. 7,892,088 Petition for Inter Partes Review

UNITED STATES PATENT AND TRADEMARK OFFICE ___ BEFORE THE PATENT TRIAL AND APPEAL BOARD _