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 .
Information Disclosure Statement
The information disclosure statements entered on July 1st, 2025 & October 28th, 2025 have been considered. A copy of the cited statement(s) including the notation indicating its respective consideration is attached for the Applicant's records.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12, and 14-18 are rejected under 35 U.S.C. 101 because the claimed invention as a whole, considering all claim elements both individually and in combination, is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As summarized in MPEP § 2106, subject matter eligibility is determined based on a Two-Part Analysis for Judicial Exceptions. In Step 1, it must be determined whether the claimed invention is directed to a process, machine, manufacture or composition of matter. The instant application includes claims concerning a non-transitory computer readable medium (i.e. a manufacture) in claim 1-10, 14-18, a game apparatus (i.e., a machine) in claim 11, and a computer-implemented method (i.e., a process) in claim 12.
In Prong 1 of Step 2A, it must be determined whether the claimed invention recites an Abstract Idea, Law of Nature or a Natural Phenomenon.
In particular exemplary presented claim 1 includes the following underlined claim elements:
1. (currently amended): A non-transitory computer readable recording medium having instructions stored therein that cause at least one processor of a game apparatus to:
progress a video game defining a plurality of game states based on a user input;
generate a video game movie to display, on a display, the progress of the video game in a virtual space of the video game;
supply the video game movie to a distribution server that is communicably connectable with a terminal apparatus;
set, after initiating the video game that is progressed based on the user input, a period for supporting to receive support for a specific object of the video game, the period for supporting being only when a game state of the video game that is progressed based on the user input corresponds to a specific game state among the plurality of game states;
during the period for supporting, change the video game movie to display a game image representative of the period for supporting;
acquire support information from the terminal apparatus communicably connectable with the game apparatus in the period for supporting, the support information being based on a specific input made to the terminal apparatus; and
change an ability associated with the specific object based on the support information,
wherein a time at which the game state corresponds to the specific game state is unknown at a start of the video game that is progressed, and
wherein the period for supporting spans for a preset time.
The claim elements underlined above, concern the court enumerated abstract ideas of Mental Processes including observation, evaluation, and judgement because the claims are directed to series of steps for observing and evaluating, and judging support information to modify object ability in game and as well as Certain Methods of Organizing Human Activity including managing personal behavior including interactions between people including social activities and following rules or instructions because the claims set forth the interactions involving one or more parties in the context of a game interface.
As the exemplary claim recites an Abstract Idea, Law of Nature or a Natural Phenomenon it is further considered under Prong 2 of Step 2A to determine if the claim recites additional elements that would integrate the judicial exception into a practical application. Wherein the practical applications are set forth by MPEP §2106.05(a-c,e) are broadly directed to: the improvement in technology, use of a particular machine and applying or using the judicial exception in a meaningful way beyond generally linking the use thereof to a technology environment. Limitations that explicitly do not support the integration of the judicial exception in to a practical application are defined by MPEP 2106.05(f-h) and include merely using a computer to implement the abstract idea, insignificant extra solution activity, and generally linking the use of the judicial exception to a particular technology environment or field of use.
With respect to the above the claimed invention is not integrated into a practical application because it does not meet the criteria of MPEP §2106.05(a-c,e) and although it is performed on processor(s), a game apparatus, a display, a distribution server, and a terminal apparatus it is not directed to a particular machine because the hardware elements are not linked to a specific device/machine and would reasonably include other network connected devices such as generic computers, smart phones, game consoles, and the like. Accordingly, the claims limitations are not indicative of the integration of the identified judicial exception into a practical application, and the consideration of patent eligibility continues to step 2B.
Step 2B requires that if the claim encompasses a judicially recognized exception, it must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception. The additional element(s) or combination of elements in the claim(s) other than the abstract idea(s) per se including processor(s), a game apparatus, a display, a distribution server, and a terminal apparatus amount(s) to no more than: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structures that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry per the applicant’s description (Applicant’s specification Paragraphs [0014], [0019], [0021], [0050]-[0052]). Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Accordingly, as presented the claimed invention when considered as a whole amounts to the mere instructions to implement an abstract idea [i.e. software or equivalent process steps] on a generic computer [i.e. controller or processor] without causing the improvement of the generic computer or another technology field.
The applicant’s specification is further noted as supporting the above rejection wherein neither the abstract idea nor the associated generic computer structure as claimed are disclosed as improving another technological field, improvements to the function of the computer itself, or meaningfully linking the use of an abstract idea to a particular technological environment (Applicant’s specification Paragraphs [0014], [0019], [0021], [0050]-[0052]). In particular the applicant’s specification only contains computing elements which are conventional and generally widely known in the field of the invention described, and accordingly their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art per the requirements of 37 CFR 1.71. Were these elements of the applicant’s invention to be presented in the future as non-conventional and non-generic involvement of a computing structure, such would stand at odds with the disclosure of the applicant's invention as found in their specification as originally filed.
“[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implemen[t]’ an abstract idea ‘on . . .a computer,’ . . . that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132S. Ct. at 1301). In this case, the claims recite a generic computer implementation of the covered abstract idea.
The remaining presented claims 2-12, and 14-18 incorporate substantially similar abstract concepts as noted with respect to the exemplary claim 1, while the additional elements recited by the additional claims including one or more of processor(s), a memory, a game apparatus, a display, a distribution server, and a terminal apparatus as respectively presented that when considered both individually and as a whole in the respective combinations of the additional claims are not sufficient to support patent eligibility under prong 2 of step 2A or step 2B for the reasons set forth above with respect to the exemplary claim 1 and further present substantially similar abstract concepts as noted with reflection to exemplary claim 1 above and therefore are similarly directed to or otherwise include abstract ideas.
Therefore, the listed claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Garg et al (US 10,367,795).
Claim 1: Garg teaches a non-transitory computer readable recording medium having instructions stored therein that cause at least one processor of a game apparatus (Garg Col 90:23-59; 12:26-42)to:
progress a video game defining a plurality of game states based on a user input (Garg Abstract; Col 6:52-7:36);
generate a video game movie to display, on a display, the progress of the video game in a virtual space of the video game (-a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators- Garg Abstract; Col 13:9-27;
supply the video game movie to a distribution server that is communicably connectable with a terminal apparatus (-wherein the spectating system may include one or more server devices…that may allow players to broadcast live streams 142 of their online game play to tens, hundreds, thousands or more spectators…a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators - Garg Abstract; Col 13:9-27; 23:66-24:17);
set, after initiating the video game that is progressed based on the user input, a period for supporting to receive support for a specific object of the video game, the period for supporting being only when a game state of the video game that is progressed based on the user input corresponds to a specific game state among the plurality of game states (-Equivalent to the prior art detection of game events and leverage of player response to event to effect game properties- Garg Col 7:54-8:8:39; 10:16-11:65);
during the period for supporting, change the video game movie to display a game image representative of the period for supporting (-support interface- Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41);
acquire support information from the terminal apparatus communicably connectable with the game apparatus in the period for supporting, the support information being based on a specific input made to the terminal apparatus (Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41); and
change an ability associated with the specific object based on the support information (Garg Col 10:16-11:65),
wherein a time at which the game state corresponds to the specific game state is unknown at a start of the video game that is progressed (-equivalent to the dynamic detection of game events as described by the prior art- Garg Col 7:54-8:8:39; 10:16-11:65), and
wherein the period for supporting spans for a preset time (-Wherein events have determined duration associate therewith and are identified by the spectator reaction - Garg Col 7:7-21; 22:6-39, 22:64; 25:10-61; 26:55-65; 60:21-43).
Claim 2: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein in the period for supporting, the instructions cause the at least one processor to show, on the display, an amount of supporting based on the support information (-“Votes” “200”, “350”, “125”- Garg Col 73:3-38; Figure 21 ).
Claim 3: Garg teaches the non-transitory computer readable recording medium according to claim 2,
wherein in the period for supporting, the amount of supporting based on the support information is associated with an amount of supporting required to increase the ability associated with the specific object (-understood as describing the selection of a winning selection by a voting process- Garg Col 73:3-38; Figure 21).
Claim 4: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein the instructions cause the at least one processor to show, on the display, the ability changed by the support information(Garg Col 10:56-11:29).
Claim 5: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein the instructions cause the at least one processor to change, based on the support information, one or both of:
an image representative of a state of the virtual space of the video game (-crowd size, number of monsters- Garg Col 10:56-11:29), and
a sound representative thereof (-crowd noise- Garg Col 10:56-11:29).
Claim 6: Garg teaches the non-transitory computer readable recording medium according to claim 1;
wherein the amount of supporting based on the support information increases in response to how many points are consumed by the specific input, the points being associated with the user of the terminal apparatus (-understood as describing the selection of a winning selection by a voting process- Garg Col 73:3-38; Figure 21).
.
Claim 7: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein a limitation is provided on participation in supporting by using the specific input in a period of time from a start to an end of the video game (-understood as encompassing the limiting of voting to - Garg Col 73:3-38; Figure 21).
.
Claim 8: Garg teaches the non-transitory computer readable recording medium according to claim 7,
wherein the instructions cause the at least one processor of the game apparatus (Garg Col 89:14-37) to:
acquire pieces of support information including the support information from a plurality of terminal apparatuses including the terminal apparatus (-understood as describing the voting process including a plurality of spectator apparatuses- Garg Col 73:3-38; Figure 21),
each of the plurality of terminal apparatuses being communicably connectable with the game apparatus (Garg Abstract; Figures 1A, 1B),
each of the pieces of support information being based on the specific input to a corresponding terminal apparatus of the plurality of terminal apparatuses (-understood as describing the voting process including a one of three specific choices- Garg Col 73:3-38; Figure 21), and
change the ability associated with the specific object based on the pieces of support information, wherein an amount of supporting based on the pieces of support information increase in response to a number of participants in supporting in the period for supporting (-understood as describing the voting process including the selection of the particular adversary monster according to the number of votes and/or number of monsters based on average consensus- Garg Col 73:3-38; Figure 21).
Claim 9: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein the specific game state is a game state in which an event occurs that has a specific effect on progress of the video game (-wherein the game state reflects game progress- Garg Col 6:52-7:36; 10:16-11:65).
Claim 10: Garg teaches the non-transitory computer readable recording medium according to claim 1,
wherein the specific game state is a game state in which a level of the ability of a specific character of the video game changes, and the changed level is within a preset range (-describing modification of player abilities during game play- Garg Col 6:52-7:36; 10:16-11:65).
Claim 11: Garg teaches a game apparatus comprising:
at least one memory storing a program (Garg Col 90:23-59; 12:26-42); and
at least one processor (Garg Col 89:14-37) that implements the program to:
progress a video game defining a plurality of game states based on a user input (Garg Abstract; Col 6:52-7:36);
generate a video game movie to display the progress of the video game in a virtual space of the video game (-a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators- Garg Abstract; Col 13:9-27;
supply the video game movie to a distribution server that is communicably connectable with a terminal apparatus (-wherein the spectating system may include one or more server devices…that may allow players to broadcast live streams 142 of their online game play to tens, hundreds, thousands or more spectators…a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators - Garg Abstract; Col 13:9-27; 23:66-24:17);
set, after initiating the video game that is progressed based on the user input, a period for supporting to receive support for a specific object of the video game, the period for supporting being only when a game state of the video game that is progressed based on the user input corresponds to a specific game state among the plurality of game states (-Equivalent to the prior art detection of game events and leverage of player response to event to effect game properties- Garg Col 7:54-8:8:39; 10:16-11:65);
during the period for supporting, change the video game movie to display a game image representative of the period for supporting (-support interface- Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41);
acquire support information from a terminal apparatus communicably connectable with the game apparatus in the period for supporting, the support information being based on a specific input made to the terminal apparatus (Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41); and
change an ability associated with the specific object based on the support information (Garg Col 10:16-11:65),
wherein a time at which the game state corresponds to the specific game state is unknown at a start of the video game that is progressed (-equivalent to the dynamic detection of game events as described by the prior art- Garg Col 7:54-8:8:39; 10:16-11:65), and
wherein the period for supporting spans for a preset time (-Wherein events have determined duration associate therewith and are identified by the spectator reaction - Garg Col 7:7-21; 22:6-39, 22:64; 25:10-61; 26:55-65; 60:21-43).
Claim 12: Garg teaches a computer-implemented control method for a game apparatus comprising:
progressing a video game defining a plurality of game states based on a user input (Garg Abstract; Col 6:52-7:36);
generate a video game movie to display, the progress of the video game in a virtual space of the video game (-a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators- Garg Abstract; Col 13:9-27;
supply the video game movie to a distribution server that is communicably connectable with a terminal apparatus (-wherein the spectating system may include one or more server devices…that may allow players to broadcast live streams 142 of their online game play to tens, hundreds, thousands or more spectators…a spectating system 100 may record at least some broadcasts 142 and allow the recorded broadcasts 142 to be played back to spectator devices 160 for viewing by spectators - Garg Abstract; Col 13:9-27; 23:66-24:17);
setting, after initiating the video game that is progressed based on the user input, a period for supporting to receive support for a specific object of the video game, the period for supporting being only when a game state of the video game that is progressed based on the user input corresponds to a specific game state among the plurality of game states (-Equivalent to the prior art detection of game events and leverage of player response to event to effect game properties- Garg Col 7:54-8:8:39; 10:16-11:65);
during the period for supporting, change the video game movie to display a game image representative of the period for supporting (Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41);
acquiring support information from a terminal apparatus communicably connectable with the game apparatus in the period for supporting, the support information being based on a specific input made to the terminal apparatus (Garg Figure 18: Col 7:54-8:8:39; 10:16-11:65; 60:21-61:4; 65:56-66:41); and
changing an ability associated with the specific object based on the support information (Garg Col 10:16-11:65),
wherein a time at which the game state corresponds to the specific game state is unknown at a start of the video game that is progressed (-equivalent to the dynamic detection of game events as described by the prior art- Garg Col 7:54-8:8:39; 10:16-11:65), and
wherein the period for supporting spans for a preset time (-Wherein events have determined duration associate therewith and are identified by the spectator reaction - Garg Col 7:7-21; 22:6-39, 22:64; 25:10-61; 26:55-65; 60:21-43).
Claim 14: Garg teaches the non-transitory computer readable recording medium according to claim 1, wherein the preset time is determined according to the specific game state (-Wherein events have determined duration associate therewith and are identified by the spectator reaction - Garg Col 7:7-21; 22:6-39, 22:64; 25:10-61; 26:55-65; 60:21-43).
Claim 15: Garg teaches the non-transitory computer readable recording medium according to claim 1, wherein the support information comprises at least one of cheer determined based on the specific input and financial support according to the use of currency for the game (-crowd noise, points- Garg Col 10:56-11:29).
Claim 16: Garg teaches the non-transitory computer readable recording medium according to claim 1, wherein the game state is determined to correspond to a specific game state upon an occurrence of a specific event that is caused by the user input (-equivalent to the dynamic detection of game events as described by the prior art- Garg Col 7:54-8:8:39; 10:16-11:65).
Claim 17: Garg teaches the non-transitory computer readable recording medium according to claim 16, wherein the specific event that is caused by the user input is an event that has an effect on an outcome of the computer game such that the user of the video game is more likely or less likely to win the video game that is progressed (Garg Col 7:22-36).
Claim 18: Garg teaches the non-transitory computer readable recording medium according to claim 2, wherein the instructions cause the at least one processor to:
display the amount of supporting on a plurality of scales that are increasingly arranged and displayed with a plurality of corresponding abilities to be changed (-“Votes” “200”, “350”, “125”- Garg Col 73:3-38; Figure 21 ), and
in a state in which the amount of supporting reaches a scale that is displayed with an ability to be changed, change the ability associated with the specific object based on the ability to be change (-understood as describing the selection of a winning selection by a voting process- Garg Col 73:3-38; Figure 21).
Response to Arguments
Applicant's arguments filed September 29th, 2025 have been fully considered but they are not persuasive.
Commencing on page 9, the Applicant notes that the presented claim amendments have addressed the concerns of claims 2-4 and 18 as being indefinite under 35 USC §112(b).
In response to the preceding the applicant presented amendments have addressed concerns of claims 2-4 and 18 as being indefinite under 35 USC §112(b) and accordingly this rejection has been withdrawn.
Continuing on pages 9-12, the Applicant proposes that Garg fails to disclose or suggest "set, after initiating the video game that is progressed based on the user input, a period for supporting to receive support for a specific object of the video game, the period for supporting being only when a game state of the video game that is progressed based on the user input corresponds to a specific game state among the plurality of game states" because while Garg teaches enabling players to interact, it does not limit that interaction to occurring "when the game state...corresponds to a specific game state,". The Applicant proposes the ability of Garg to utilize a dynamic detection of game events, as best understood, should be understood to mean that the period of support is not limited to a specific window of time during game play.
In response the preceding it is first noted that the scope of the claimed invention would not reasonably exclude the detection of feedback during game play as taught by Garg because the claimed invention does not limit or define the recited game states in a manner that would support the proposed distinction. Additionally, and not withstanding the preceding, the prior art of Garg additionally recognizes additional discrete opportunities to send/receive support tied to event with specific times, events, and/or specific player inputs as cited in the rejection above with respect to the prior art of Garg.
Continuing on pages 12-13, the Applicant proposes that that the claimed invention meets the subject matter eligibility requirements of 35 USC 101 because the claimed invention does not recite any limitation that constitutes an "observation," "evaluation," or "judgement" that could be performed in the human mind and does not recite any limitation could be interpreted as instructions for "managing personal behavior or relationships or interactions between people."
Responsive to the preceding Mental Processes including those performed by a computer (MPEP 2106.04(a)(2) Sub III.C) and according the inclusion of computer elements in a claimed invention does not automatically render the claimed invention outside of this grouping of abstract idea. The claimed invention defines a series of steps including the observation of game play, the evaluation of viewers and terminal apparatus inputs as well as game and performing a judgement to modify a game object based on the observation and evaluation and accordingly for the reasons set forth herein and the rejection above is directed to a Mental Process. Insomuch as the claimed invention is directed to providing modification of player game play, based on spectator inputs, the claimed invention is directed to Certain Methods of Organizing Human Activity because it incorporates elements of "managing personal behavior or relationships or interactions between people.
Further continuing on pages 13-15, the Applicant proposes that that the claimed invention meets the subject matter eligibility requirements of 35 USC 101 because the claimed invention additionally reflects the incorporation of significantly more when considered under step 2B of the Alice/Mayo test and reflects the same in applying the recited judicial exception in a manner that solves a specific technological problem of targeting spectator support during specific game states rather than through the entirety of the game to provide increased excitement and in a manner that is proposed as being analogous to the court’s determination in DDR Holdings, LLC v. Hotels.com, L.P. 773 F.3d 1245, 113 U.S.P.Q.2d 1097 (Fed. Cir. 2014).
Responsive to the above Intellectual Ventures I LLC v. Capital One Financial (Federal Circuit, 2015) clarifies the criteria as applied in DDR to require that the claimed invention would not foreclose other ways of solving the problem, depart from the routine and conventional sequence of events, and the problem being addressed must be unique to the Internet or at least computers as fair understood. Flowing from the preceding the timing of spectator interactions is not a problem unique to the internet and is reflective of legacy spectator events including golf and gameshows. Accordingly, the claimed invention is not analogous to the considerations addressed by DDR Holdings, LLC v. Hotels.com and would not support the presence of an Improvement in technology as defined in MPEP 2106.05(a). Further it is noted that insomuch as the claimed invention involves modified rules for game play/participation, the claimed invention is analogous to the court’s decision in In re Smith, 815 F.3d 816, 118 U.S.P.Q.2d 1245 (Fed. Cir. 2016) wherein the same recognized that rules for a game by themselves are not sufficient to support the presence of patent eligible subject matter.
In view of the preceding the rejection of claims is respectfully maintained as presented herein above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MOSSER whose telephone number is (571)272-4451. The examiner can normally be reached M-F 6:45-3:45.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached at 571-272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT E. MOSSER
Primary Examiner
Art Unit 3715
/ROBERT E MOSSER/Primary Examiner, Art Unit 3715