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`POR. at 2; Ex. 1001, FIG. 3.
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`POR. at 29; Ex. 1001, FIGS. 11A, 14B.
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`Claim 1
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`1. A gaming system comprising:
`at least one output device;
`at least one input device;
`at least one processor; and
`at least one memory device which stores a plurality of instructions,
`which when executed by the at least one processor, cause the at least one
`processor to operate with the at least one output device and the at least
`one input device to:
`(a) identify a player placing at as one wager on at least one play of a
`game,
`(b) track information associated with the identified player,
`(c) if a first set of information associated with the identified player is
`tracked and a message trigger condition occurs in association with the
`identified player:
`(i) determine, based at least in part on the first set of tracked
`information, a first message, and
`(ii) output the determined first message to the identified player, and
`(d) if a second, different set of information associated with the
`identified player is tracked and the message trigger condition occurs in
`association with the identified player:
`(i) determine, based at least in part on the second set of tracked
`information, a second, different message, and
`(ii) output the determined second message to the identified player.
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`Claim 9
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`9. A method of operating a gaming system, said method comprising:
`(a) causing at least one processor to execute a plurality of
`instructions to identify a player placing at least one wager on at
`least one play of a game,
`(b) causing the at least one processor to execute the plurality of
`instructions to track information associated with the identified
`player,
`(c) if a first set of information associated with the identified player
`is tracked and a message trigger condition occurs in association
`with the identified player:
`(i) causing the at least one processor to execute the plurality of
`instructions to determine, based at least in part on the first set of
`tracked information, a first message, and
`(ii) causing at least one output device to output the determined
`first message to the identified player, and
`(d) if a second, different set of information associated with the
`identified player is tracked and the message trigger condition
`occurs in association with the identified player:
`(i) causing the at least one processor to execute the plurality of
`instructions to determine, based at least in part on the second set
`of tracked information, a second, different message, and
`(ii) causing the at least one output device to output the
`determined second message to the identified player.
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`Pet. at 16; Ex. 1004, FIGS. 6, 13.
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`POR. at 6;
`Ex. 1004, FIG. 18
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`Pet. at 16; Ex. 1004, FIG. 7.
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`Pet. at 33; Ex. 1004, FIG. 25(b).
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`Pet. at 18; Ex. 1004, FIG. 27.
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`Pet. at 16; Ex. 1004, FIG. 7.
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`Pet. at 17; Ex. 1004, FIG. 12.
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`Pet. at 16; Ex. 1004, FIG. 7.
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`Amorphous Mode 80
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`Analysis Mode 81
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`The normal or rest state for the state machine is the
`amorphous state 80.
`Ex. 1005 at XX.
`On a regular periodic basis, the state machine will
`undergo a transition from the Amorphous mode 80 to
`the Analysis mode 81 where it will conduct an analysis
`of the console status to determine if any actions are
`required based on the present status.
`Typical actions might be: …
`e) Return to Amorphous mode -if none of the above,
`the state machine should undergo a transition back
`to Amorphous mode 80.
`Ex. 1005 at XX.
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`POR at 7; Ex. 1004, FIG. 12.
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`Assistant Mode 82
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`This mode might also offer suggestions on optimizing
`returns if the player is rejecting high return options or
`not maximizing their chances of progressive prizes.
`Once the advice has been offered, the state machine will
`return to Amorphous mode 80.
`POR at 8; Ex. 1005 at 24:26-34.
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`POR at 7; Ex. 1004, FIG. 12.
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`Award Mode 83
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`When in Award mode 83, the interface character will
`morph to a new character depending upon the type of
`award. …
`Once the award is completed, the state machine will
`again return to the Amorphous mode 80.
`POR at 9; Ex. 1005 at 24:35-25:18.
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`POR at 7; Ex. 1004, FIG. 12.
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`Promotional Mode 85
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`Typical actions might be: …
`d) Play pattern modification -if the player is detected as
`playing slowly or betting in increments that do not
`optimize their chance of winning, the state machine
`will undergo a transition to Promotional mode 85;
`POR at 9; Ex. 1005 at 24:19-21.
`Once a single promotional message has been given, the
`state machine will undergo a transition to Amorphous
`mode 80.
`POR at 9; Ex. 1005 at 25:25-26.
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`POR at 7; Ex. 1004, FIG. 12.
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`Petition:
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`A POSITA in the technology field of the ’064 patent would have had a bachelor’s degree in computer science or a
`similar discipline and 2 years of professional programming experience in the gaming software industry.
`This POSITA would be aware of and generally knowledgeable about casino gaming systems as of the priority date for
`the ’064 patent, including the networks connecting various casino gaming machines and the manner in which casino
`gaming machines tracked player information and delivered messages to players.
`Pet. at 20.
`Decision to Institute: Preliminarily Adopted.
`Dec. Inst. at 16.
`This definition should be revised to exclude reference to “track[ing] player information” because it infuses within the
`definition a hindsight bias toward the claimed subject matter.
`POR at 13.
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`Patent Owner’s Response:
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`Petition:
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`Petitioner believes that there are no terms in the ’064 patent that require an express construction for purposes of
`this petition and therefore all terms can be afforded their plain and ordinary meanings.
`Pet. at 14-15.
`The same message trigger condition must be used because this limitation makes a reference back to “the message trigger
`condition” first recited in the previous claim limitation.
`Pet. at 37 (element 1(d)).
`Patent Owner’s Response: “if’
`A POSITA would recognize that steps (c)(i) & (ii) are performed when the predicates specified in element (c)’s if
`clause are met and that steps (d)(i) & (ii) are performed when the predicates recited in element (d)’s if clause are
`met.
`POR at 11.
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`Exs. 2020, 2021.
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`Element 1(iv): Memory Device which Stores a Plurality of Instructions.
`Aristocrat discloses a “State Machine,” which is “implemented as a separate program operating
`independently of and in parallel with the main game software running on the console” such that “the state
`machine has access to the status of the main game....”
`Moreover, the state of the State Machine changes, for example, undergoing “a transition from the
`Amorphous mode 80 to the Analysis mode 81.”
`Pet. at 26.
`[Aristocrat] discloses that “the occurrence of one or more specific game states” may constitute a trigger
`condition.
`Pet. at 32-33.
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`Element 1(c):
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`Claim Language
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`Petition
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`Ex. 1001; POR at 18.
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`Pet. at 39-40.
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`Claim Language
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`Petition
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`Ex. 1001; POR at 18.
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`POR at 15.
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`Claim Language
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`Ex. 1001; POR at 18.
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`Petition
`Claim Construction:
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`[A]ll terms can be afforded their plain and ordinary
`meanings.
`Pet. at 15.
`The same message trigger condition must be used because
`this limitation makes a reference back to “the message
`trigger condition” first recited in the previous claim
`limitation.
`Pet. at 37.
`If a certain message trigger condition occurs, the system
`outputs one of a first or second message to the player,
`depending on the information being tracked.
`Pet. at 1.
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`Element 1(d):
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`Introduction:
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`Claim Language
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`Ex. 1001; POR at 18.
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`Reply
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`Patent Owner focuses exclusively but erroneously on the
`claim language.
`Reply at 3.
`Patent Owner ignores the distinction between a
`“message trigger condition” to be satisfied and the in-
`game event or occurrence that satisfies this “condition.”
`…While claims 1 and 9 do require use of the same
`“message trigger condition” when outputting a “first
`message” and a “second message,” they do not reference
`or otherwise require that output of the two messages be
`triggered by the same in-game event or occurrence.Reply at 3.
`[Patent Owner’s] limiting interpretation effectively reads
`the word “if” out of limitations (c) and (d).
`Reply at 3.20
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`Claim Language
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`Reply
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`Patent Owner’s narrow interpretation also improperly
`grafts a timing limitation onto the claims.
`Reply at 7.
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`The ‘064 Patent
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`Ex. 1001; POR at 18.
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`Ex. 1001, col. 4:23-27
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`Claim Language
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`Reply
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`Patent Owner’s narrow claim interpretation is
`inconsistent with the specification.
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`The ‘064 Patent
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`Pet. at 8.
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`Ex. 1001; POR at 18.
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`Claim Language
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`Reply
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`Patent Owner’s narrow claim interpretation is
`inconsistent with the specification.
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`The ‘064 Patent
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`Pet. at 8.
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`Ex. 1001; POR at 18.
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`Reply: Aristocrat can have “Multiple Modes”
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`Moreover, there is no reason why Aristocrat’s system
`cannot cycle through multiple modes following the end
`of a game.
`For example, to output exemplary messages (1) and (3)
`back-to-back, Aristocrat’s state machine would simply
`first enter the promotional mode (purple annotation
`below), then enter the award mode via amorphous mode
`and analysis mode (gray) to output the two required
`messages ...
`Reply at 11-12
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`Reply at 15; Ex. 1004, FIG. 12.
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`Aristocrat
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`On a regular periodic basis, the state machine will
`undergo a transition from the Amorphous mode 80 to
`the Analysis mode 81 where it will conduct an analysis
`of the console status to determine if any actions are
`required based on the present status. …
`Typical actions might be:
`e) Return to Amorphous mode -if none of the above,
`the state machine should undergo a transition back
`to Amorphous mode 80.
`Sur-Reply at 13; Ex. 1004 at 24.
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`Reply at 15; Ex. 1004, FIG. 12.
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`Reply: “Could”
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`By way of example, an end-of-game message of the type (1) in
`the table above may be queued for display with a message of
`type (3) after the end of the same game:
`(Ex. 1004, Figs. 25(b), 27.) This could occur, for instance, if at
`the end of a game (the single occurrence of a “message trigger
`condition”) it is determined that the player has lost, and that
`both “[a] combination is spun up . . . that would have resulted in
`a win if the player had been betting on all of the lines” (Id., 30:5-
`13) and “the gaming console recognises that the current player
`has not had a win for an unusually large number of games” (id.,
`30:20-23). As another example, messages of (1) and (4) could
`similarly be displayed back-to-back after the end of a game.
`Sur-Reply at 14: Reply at 13.
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`Petition: Message Trigger Conditions
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`POR at 15.
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`Petition: Message Trigger Conditions
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`Reply: Messages Triggered by Same Bet
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`Even if the ’064 patent’s claims did require the output of
`two messages upon the single occurrence of a trigger
`condition (which they do not), Aristocrat teaches this.
`In particular, Aristocrat explains that its system is able to
`output multiple messages in response to the occurrence
`of a single event satisfying a trigger condition.
`For instance, “[i]n cases where more than one different
`function or feature is triggered from the same bet, the
`functions or features will commence one at a time such
`that as one completes the next one will commence. Reply at 12.
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`POR at 15.27
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`Motivation to Combine: Different embodiments in Aristocrat.
`A POSITA would have found it obvious to combine various embodiments in the software program because, for
`example:
`• many embodiments of Aristocrat merely represent different ways of delivering the same messages to a player.
`• many embodiments of Aristocrat merely represent the delivery of different messages to the player.
`• various embodiments use a character to deliver messages.
`the character or its activity changes in various embodiments; and
`• various embodiments use the same generic character, Mr. Cashman.
`Pet. at 62-63 (citations omitted).
`[A] POSITA would have been motivated to combine various embodiments of Aristocrat. (Id. ¶ 162). As explained
`above, many embodiments of Aristocrat merely represent different ways of delivering the same or different
`messages.
`Pet. at 64.
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`•
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`Motivation to Combine: Aristocrat with Boushy.
`Aristocrat discloses and/or renders obvious every element of each of the Challenged Claims.
`The only claimed subject matter that could even be argued not to be expressly disclosed in Aristocrat are
`claims 1(a), 17, and 18.
`Pet. at 64.
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`Ex. 1001.
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`Motivation to Combine: Aristocrat with Boushy.
`Aristocrat discloses and/or renders obvious every element of each of the Challenged Claims.
`The only claimed subject matter that could even be argued not to be expressly disclosed in Aristocrat are
`claims 1(a), 17, and 18.
`Pet. at 64.
`[B]ecause Aristocrat and Boushy both relate to tracking user information and providing personalized experiences in casinos,
`common industry knowledge supplied a reason to combine these references with each other.
`Pet. at 65.
`[A] POSITA would have been motivated to combine Aristocrat with Boushy because both are directed to enhancing the gaming
`experience of players in a gaming system.
`Pet. at 65.
`[A] POSITA would have been motivated to combine Aristocrat with Boushy because doing so would have increased the utility of
`player identification and tracking across gaming machines and facilities.
`Pet. at 67.
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