Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4, 7, 9-11, 13-14, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0045359 A1 to Leen et al. in view of JP 2004537879A and WO 2018/062591 A1 to Lee.
Re claim 1, Leen teaches a method for recommending content comprising: receiving at a server, from a computing device over a communication network
The abstract describes Leen as a system for providing game advice to a user of a gaming application enabled by a server and processor remotely coupled to the server. The server executes a gaming application and monitors a plurality of game events during the execution of the gaming application and communicates these events with the processor. The processor uses the event information to present game advice associated with the gaming application to the user during execution of the gaming application.
a video game log, wherein the video game log comprises a data structure including a video game ID, a game segment ID, and a segment attribute, and wherein the video game ID uniquely identifies a video game, the segment ID uniquely identifies a segment within the video game, and the segment attribute identifies a sport associated with the video game
[0043]-[0044], client devices executing game applications initiate many game events 120 that comprise steps, moves, actions, and an action undertaken by a user. An example of game events are “in a golf gaming application 114, a game event 120 may comprise the selection of golf club, the alignment of a golf shot, the execution of the golf shot, or any other golf-related activity”. Monitor module 110 of server 104 monitors these game events performed by the client 102 and communicates corresponding event information 122 to platform 106. Event information 122 comprises data detailing parameters of the game event.
Note in particular: [0045], “Event information 122 may comprise some or all of the data associated with event information 122 and generally comprises a log that may be used to reconstruct the sequence of game events 120 that occurred during the execution of a particular gaming application 114. In a particular embodiment, server 104 processes event information 122 to generate event information 152 prior to communicating it to platform 106. In this regard, server 104 filters event information 122. Event information 152 may be stored in memory 150 and is described in greater detail with respect to FIG. 2.”
Fig. 2 illustrates that logs of game event information can include “Game ID” No. 202, “Record ID 200” (equivalent to a segment ID uniquely identifying a game segment), and “event type 206”, Event value 208”, a timestamp 210, all of which are segment attributes. [0076] describes that Fig. 4 lists various statistics that can be maintained in a log for an individual game or across multiple games over time.
monitoring a plurality of sources for new content
[0005], multiple servers are monitored for a plurality of game events during the execution of multiple gaming applications.
[0032], [0046], many client terminals are monitored for game events.
based at least in part on the monitoring, storing the new content in a content database,
[0036], [0045], [0046], [0047], memory 150 of platform 106 stores any game event information 152 including data detailing the parameters of a corresponding event.
wherein the content database comprises a plurality of content items each corresponding to a respective sport
As mentioned in [0034], the games in Leen’s system that can generate detailed event data describing event parameters can be sports games. It is additionally noted that claim language solely directed to the content of data stored in computer memory is not of patentable significance because, lacking any claimed transformation of the function of a computing device, the content of data per se is a matter of nonfunctional descriptive material. See MPEP § 2111.05. In the instant case, there are no subsequent limitations in the claim that rely on a sports characteristic of a data payload to alter the function of the computing device.
querying, via the communication network, the content database to identify a first plurality of items of content that correspond to the video game ID, the game segment ID, and the segment attribute of the data structure
[0091], game advisor 138 gathers information used to generate context-appropriate game advice. Gathered information can include event information 152, which as discussed prior, was gathered from game play from a plurality of client terminals playing a plurality of games over a plurality of servers and is logged including game ID, record (segment) ID, and segment attributes including event type, value, and timestamps, refer again to Fig. 2.
transmitting, for display via the computing device, a recommendation of the content item;
Fig. 11 illustrates a process of determining the context of game advice in step 482, gathering information for the game advice in step 484, generating the game advice in step 486, and communicating the game advice in step 488. As noted in [0034], the gaming application may be one of a plurality of sports games. [0090] similarly describes that “game advisor 138 initiates game advice services on behalf of one or more users … in response to a request by a particular user”
[0090] describes that, once game advice has been requested, either manually by a user or based on another suitable trigger such as the occurrence of a game event 120, game advisor determines the context for which the advice will be provided.
[0091] describes that game advisor 138 gathers and analyzes event information associated with current and/or any previous execution of gaming application 114 on server 104 or on a different server.
In [0092], game advice is generated by game advisor 138 based on gathered information.
receiving, at the server, a user corresponding to the content item wherein the user selection is input, via a user interface of the computing device corresponding to the item of content, and causing playback of the content item via the computing device in response to the selection input;
See [0004], “a system for providing enhanced services to users of a gaming application comprises a server … the platform receives a request for enhanced services, and establishes an enhanced services session with a user of the gaming application in response to the request for enhanced services.”
[0038] describes that the programmed providing of game advice can be triggered “in response to … input by a user of the client 102 such as, for example, instructions to initiate an enhanced services section”. And as illustrated in Fig. 11, the enhanced services session includes communicating the relevant advice information to a user’s terminal.
Although Leen teaches substantially the same inventive concept, Leen is silent as to whether a) his game advice is stored in a database separate from the server, b) whether the server periodically queries the content database for updates or c) determining a content item for recommendation based on a most recent upload timestamp.
With respect to a) and b): JP 2004537879A is a networked gaming application using distributed computing dating back to the year 2002. JP 2004537879A teaches, see the second paragraph of the Description, that it was known for a server 30 and database 39 to be located separately, see Fig. 1, and for server 30 to comprise a database cache 611 that is “refreshed periodically”.
With respect to c): Lee teaches, see the “Best-Mode” section, “video contents of the users may be selected content (eg, most recently uploaded content to a content providing server” and discusses an illustrative scenario wherein if uploaded contents 1, 2 and 3 exist in a server database, wherein content 3 is the most recently uploaded, content 3 will be selected and displayed to the user.
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the instant invention that the game title and context-sensitive strategy content Leen admits his server-based system provides to gamers could have been stored in a database separate from a server, wherein the server periodically refreshes its local cache of content as taught by Benedetto and JP 2004537879A without causing any unexpected results. The advantage to periodically fetch new content from a central database would be to maintain a quick response time to user requests for assistance content. And it would have been obvious to one having ordinary skill in the art that recommending content of Leen could have been selected based on a most recently uploaded content as taught by Lee without causing any unexpected results. It is notoriously well-known to prioritize database content for fetching based on most recently updated data in order to provide users with the most current and up-to-date information.
Re claim 11, refer to the rejection of claim 1.
Re claim 3, 13, game logs and advice information in Leen are user ID-specific – see [0074]-[0075], [0077], [0081], [0089]. And [0060] describes that “Game advisor 138 may use profile information 156 to provide advice to a player on how to play a particular gaming application”.
Claims 4, 7, 9, 10, 14, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0045359 A1 to Leen et al. in view of JP 2004537879A, WO 2018/062591 A1 to Lee and US 2019/0232168 A1 to Benedetto et al.
Re claims 4, 14, Benedetto is an analogous reference that also teaches determining game strategy content best suited to certain game contexts and providing it to assist players. Benedetto teaches that it was known to generate advice based on content filtered from a database. Note in particular:
[0024], [0030] of Benedetto teaches that an assistance database (content database) may be maintained that collects and compiles “information from other users” including “hints, advice, walk-throughs” or “commentary or video recordings” by experienced or professional gamers.
[0061] of Benedetto teaches that, “The assistance database 410 stores all the various assistance information that may be offered and/or provided to the user. The assistance information may be organized, for example, based on the applicable video game. Further organization can include … when the assistance information was uploaded or last modified…”
Benedetto teaches that it was known in the art for content from a game strategy content database can include video content including segments of a recording of a game. [0020] of Benedetto describes, “This information may include … video describing how to overcome the challenge. And [0024] describes to “collect information from other users … to compile types of assistance information that can be used (e.g. hints, advice, walk-throughs) for others. For example, other users may provide commentary or video recordings regarding various challenges within the video games that can be provided to the first party platform 110.” And as taught by Leen in [0034], the gaming application may be one of a plurality of sports games.
Re claims 7, 9, 17, 19, Benedetto teaches in [0032], [0033], [0034], [0061], and especially [0064], customization settings and secondary considerations and filtering that affect whether recommended content is output to a user. “The overall rating can be used to rank or highlight more accurate or beneficial assistance information. Users may use the ratings, for example, to filter out assistance information that have ratings below a threshold or to indicate that assistance information having a certain rating or higher should be preferred.”
Re claims 10, 20, Benedetto in [0061] teaches that, “The assistance database 410 stores all the various assistance information that may be offered and/or provided to the user. The assistance information may be organized, for example, based on the applicable video game. Further organization can include type of assistance information, source/provider of the assistance information, when the assistance information was uploaded or last modified”. And
Claims 5-6 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Leen et al., Lee, Benedetto et al., JP 2004537879A and US 2009/0131177 A1 to Pearce.
Re claims 5-6 and 15-16, Although Leen in view of Lee, Benedetto, and JP 2004537879A teaches substantially the same inventive concept including storing, analyzing and recommending stored video game content including player-uploaded videos of overcoming challenges, see Benedetto [0020], [0024], Leen, Lee, Benedetto and JP 2004537879A lacks determining that a character depicted in a video segment is associated with a team or that one team matches another team.
Pearce is an analogous prior art reference in the art of user-generated video clips chronicling an interaction with a game. [0055] of Pearce describes the field of endeavor of his invention as “A video or image “file sharing site” … that primarily allows users to share multimedia data, such as video clips or reels or images.” Examples of groups who upload videos or images are “groups within MMORPGs”. Pearce is concerned with automatically detecting when player characters depicted in video belong to the same team as other player characters depicted in other videos so that relevant notifications can be sent to relevant players. Pearce teaches in [0049] that it was known to use metadata associated with uploaded game video clips to determine “what PCs [player characters] and NPCs [non-player characters] were involved in the event, which groups, guilds … parties were involved in the event, the geographic location of the event, and any other data and/or metadata concerning the event”.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the instant invention that the user-uploaded playthrough videos taught by Benedetto could have used metadata to automatically determine the identities of certain characters and/or group associations thereof as taught by Pearce without causing any unexpected results. The motivation would be the same as that of Pearce – to automate the determination of content relevant to certain users.
Response to Arguments
Applicant’s arguments, see pp. 7-10, filed 02/27/2026, with respect to the 35 U.S.C. § 101 rejection of claims 1, 3-7, 9-11, 13-17 and 19-20 have been fully considered and are persuasive. The arguments that the amended claims represent certain specific improvements to the function of computers is accepted. The 35 U.S.C. § 101 rejection of claims 1, 3-7, 9-11, 13-17 and 19-20 has been withdrawn.
Applicant’s arguments with respect to the prior art rejections claims 1, 3-7, 9-11, 13-17 and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/STEVEN J HYLINSKI/Primary Examiner, Art Unit 3715
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