DETAILED ACTION
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 .
Response to Amendment
This office action is in response to amendments filed on 07/01/2025.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over “Game of War” (7/25/2013) (hereinafter referred to as GoW) as evidenced by "Game of War: Fire Age" from Wikipedia (7/19/2017), "GAME OF WAR FIRE AGE – LEVEL UP!" by Galvedar (7/24/2017), The Game of War fandom wiki articles “Buildings” (4/10/2016) and “Barracks” (3/24/2016) in view of Gould (US Pub. No. 2015/0238867 A1).
As per claims 1 and 16-17, GoW teaches an information processing system, non-transitory computer-readable medium, and method (page 1, paragraphs [0001]-[0002] and Fig. 1 which shows it is an online mobile game that runs on the iOS or Andriod systems) comprising: processing circuitry (page 1, paragraphs [0001]-[0002] and Fig. 1 which shows it is an online mobile game that runs on the iOS or Android systems with examiner recognizing those systems include a processor) memory being configured to store game information, the game information comprising: a predetermined start condition (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore it is clear that there is a beginning attribute associated with the player including at least a level one status of a building.); a first attribute associated with one user (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore it is clear that there is a beginning attribute associated with the player including at least a level one status of a building.); a lap-automation condition, the lap-automation condition being either yes or no (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore an advancement of the building occurs based on whether or not “automation” or an upgrade input is received); a first parameter (page 27, see levels and associated cost as a parameter. See page 19 regarding buildings having a function); and a predetermined output condition (see at least page 20 figure which shows the game images outputted); determine whether a predetermined start condition including consumption of a predetermined game medium is met (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time); automatically set the lap-automation condition to no when the predetermined start condition is not met (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore if the condition is not met to start the upgrade (the automation condition) then the game will have the automation set to no.); display the lap-automation request to the user when the predetermined start condition is met (page 20, see upgrade arrow which is displayed when a user meets all requirements to upgrade a building which is the automation request); receive a user selection input when the lap-automation request is displayed, the user selection input setting the lap-automation condition to yes or no (page 20, see upgrade arrow which would be a selection); automatically realize a predetermined advancement of a game part with a first attribute associated with one user when the lap-automation condition is set to yes (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time); determine a setting value of a first parameter based on a consumed amount of the predetermined game medium or a consumed type of the predetermined game medium, the first parameter being related to advancement of the game part with the first attribute (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP) or items consumed (see Speed Up items such as 30 minutes) sets the time to complete including updating it to a lesser amount of time); start to count the first parameter to be updated toward the determined setting value of the first parameter, when the lap-automation condition is set to yes (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP) or items consumed (see Speed Up items such as 30 minutes) sets the time to complete including updating it to a lesser amount of time); and allow a termination result of the predetermined advancement to be output on the display when an updated counting value of the first parameter meets a predetermined output condition, wherein the termination result of the predetermined advancement is determined based on the updated counting value of the first parameter or on the determined setting value of the first parameter (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP) or items consumed (see Speed Up items such as 30 minutes) sets the time to complete including updating it to a lesser amount of time with the timer being the amount of time to complete the building with the building being finished as the terminating condition), wherein advancement of the game part with the first attribute further requires receiving a user game decision input when the lap-automation condition is set to no (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore if the condition is set to no then an upgrade would not occur and in order to have an upgrade occur a user must select the input such as the arrow.), and advancement of the game part with the first attribute further requires at least one automated decision to be made by the first processing circuitry, the second processing circuitry, or a combination of the first processing circuitry and the second processing circuitry when the lap-automation condition is set to yes (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore an advancement of the building occurs based on whether or not “automation” or an upgrade input is received. Further examiner recognizes that this is a electronic computer game and therefore the actions of the barrack upgrading occurs in the game and therefore is carried out by the processor). GoW does not specifically teach the structure of a server including a server memory and a first processing circuity, the server memory being configured to store game information and a mobile device including a mobile device memory configured to store the game information, a touch panel configured to receive a user input, a display configured to display a termination result and a lap-automation request, and a second processing circuity, wherein the first processing circuity, the second processing circuity, or a combination of the first processing circuity and the second processing circuity are configured to: process the game information; and synchronize the game information stored on the server memory with the game information stored on the mobile device memory. However, GoW teaches a mobile game system (page 1, paragraph [0001] and see associated operating system which Gould also shows are for a mobile device) including displaying information regarding an automation request to start building a building (see page 20 upgrade arrow which displays that an upgrade is available which starts the automation of upgrade) and a button input to perform an action (page 19 see deconstructing building which shows button inputs with information regarding a user action) and Gould teaches a mobile gaming structure (abstract, Fig. 1, item 5, and paragraph [0035]) comprising a touch display (paragraphs [0055]-[0056] and [0066]) wherein a server stores information related to the game and distributes an updated state in order to synchronize for the associated devices wherein more than one device is connected with displays (Fig. 1 and paragraphs [0102]-[0103]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of GoW with Gould, since Gould provides the physical makeup of a network structure for synchronize mobile games which GoW could use in order to insure both play and that the game information on different devices agree with a shared server state and to tie the input requests of GoW to the touch screen, such as found in Gould, since this allows for an easy user interface wherein a user can directly interact with the image and not require the use of other input devices. Specifically use of a touch screen allows for more compact mobile devices which do not need additional hardware elements added such as keyboards.
As per claim 2, GoW teaches a system wherein the first parameter is related to a lapsed time from a starting point regarding the predetermined advancement or to a number of repeating the game part with the first attribute (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein time is associated with a building to complete with an example task being 44 minutes).
As per claim 3, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured to increase the setting value of the first parameter as the consumed amount of the predetermined game medium increases (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” speed ups have different amounts associated with them thereby increasing the time reduction of the time parameter based on consuming more by using a higher tier item).
As per claim 4, GoW teaches a system wherein the setting value of the first parameter is increased in a case where the consumed predetermined game medium is a first type, as compared with a case where the consumed predetermined game medium is a second type (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” speed ups have different amounts associated with them thereby increasing the time reduction of the time parameter based on consuming more by using a higher tier item).
As per claim 5, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured to: update the counting value of the first parameter so that the counting value of the first parameter increases as the lapsed time from the starting point regarding the predetermined advancement or the number of repeating the game part with the first attribute increases, and determine, based on a relationship between the updated counting value of the first parameter and the determined setting value of the first parameter, whether the predetermined output condition is met (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein time is associated with a building to complete with an example task being 44 minutes. Example page 19, figure shows a deconstruction timer which reads on the time and therefore counts towards or advances towards the termination condition).
As per claim 6, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured to associate the termination result with the user such that the user is benefited as the updated counting value of the first parameter increases (page 25, see Barracks which has a stated improvement for a player comprising training more troops as it is upgraded).
As per claim 7, GoW teaches a system wherein the predetermined output condition is met when a difference between the determined setting value of the first parameter and the updated counting value of the first parameter is equal to or less than a first threshold value (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” speed ups have different amounts associated with them thereby increasing the time reduction of the time parameter based on consuming more by using a higher tier item. This means if the time it takes to complete a task and the value of the item are the same or within a threshold for VIP the task can be completed almost instantly).
As per claim 8, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured determine the setting value of the first parameter based on a predetermined game condition (page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time so as a building upgrades the time increases).
As per claim 9, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured to determine the setting value of the first parameter again, when the predetermined game condition is changed along with the predetermined advancement after the predetermined start condition has been met, based on the predetermined game condition which has changed (page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time so as a building upgrades the time increases).
As per claim 10, GoW teaches a system wherein the predetermined advancement is executed in such a manner associated with one or more in-use game media, and wherein the predetermined start condition is set based on information about the one or more in-use game media (page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time so as a building upgrades the time increases).
As per claim 11, GoW teaches an information processing system (page 1, paragraphs [0001]-[0002] and Fig. 1 which shows it is an online mobile game that runs on the iOS or Andriod systems) comprising: a processing circuitry (page 1, paragraphs [0001]-[0002] and Fig. 1 which shows it is an online mobile game that runs on the iOS or Android systems with examiner recognizing those systems include a processor) configured to: a predetermined start condition (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore it is clear that there is a beginning attribute associated with the player including at least a level one status of a building.); a first attribute associated with one user (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore it is clear that there is a beginning attribute associated with the player including at least a level one status of a building.); a lap-automation condition, the lap-automation condition being either yes or no (page 8, paragraph [0002] discusses a start condition and paragraph [0010] discusses the need to upgrade buildings in the game with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore an advancement of the building occurs based on whether or not “automation” or an upgrade input is received); a first parameter (page 27, see levels and associated cost as a parameter. See page 19 regarding buildings having a function); and a predetermined output condition (see at least page 20 figure which shows the game images outputted); determine whether a predetermined start condition including consumption of a predetermined game medium is met (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time): automatically realize a predetermined advancement of a game part with a first attribute, when the lap-automation condition is set to yes (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time), the predetermined advancement being advanced using a first player or a first player's character and a second player or a second player's character (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP level) sets the time to complete including updating it to a lesser amount of time); output a termination result of the predetermined advancement: and determine, based on information about the first player or the first player's character and information about the second player or the second players character, either information required to realize the predetermined advancement or the termination result (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP) or items consumed (see Speed Up items such as 30 minutes) sets the time to complete including updating it to a lesser amount of time with the timer being the amount of time to complete the building with the building being finished as the terminating condition), wherein the predetermined advancement of a game part with the first attribute is not automatically realized when the lap-automation condition is set to no (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time. Therefore if the condition is set to no then an upgrade would not occur). GoW does not specifically teach the structure of a server including a server memory and a first processing circuity, the server memory being configured to store game information and a mobile device including a mobile device memory configured to store the game information, a touch panel configured to receive a user input, a display configured to display a termination result and a lap-automation request, and a second processing circuity, wherein the first processing circuity, the second processing circuity, or a combination of the first processing circuity and the second processing circuity are configured to: process the game information; and synchronize the game information stored on the server memory with the game information stored on the mobile device memory. However, GoW teaches a mobile game system (page 1, paragraph [0001] and see associated operating system which Gould also shows are for a mobile device) including displaying information regarding an automation request to start building a building (see page 20 upgrade arrow which displays that an upgrade is available which starts the automation of upgrade) and a button input to perform an action (page 19 see deconstructing building which shows button inputs with information regarding a user action) and Gould teaches a mobile gaming structure (abstract, Fig. 1, item 5, and paragraph [0035]) wherein a server stores information related to the game and distributes an updated state in order to synchronize for the associated devices wherein more than one device is connected with displays (Fig. 1 and paragraphs [0102]-[0103]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of GoW with Gould, since Gould provides the physical makeup of a network structure for synchronize mobile games which GoW could use in order to insure both play and that the game information on different devices agree with a shared server state and to tie the input requests of GoW to the touch screen, such as found in Gould, since this allows for an easy user interface wherein a user can directly interact with the image and not require the use of other input devices. Specifically use of a touch screen allows for more compact mobile devices which do not need additional hardware elements added such as keyboards.
As per claim 12, GoW teaches a system wherein the information required to realize the predetermined advancement includes the predetermined start condition to start the predetermined advancement, and wherein the first processing circuitry and/or second processing circuitry is further configured to determine the predetermined start condition based on the information about the first player or the first player's character and the information about the second player or the second player's character (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP level) sets the time to complete including updating it to a lesser amount of time).
As per claim 13, GoW teaches a system wherein the predetermined start condition is met by consuming a predetermined type of game medium or a predetermined number or amount of game medium (page 15, see highlighted comments which discuss the need for resources to construct buildings and page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time), and wherein the processing circuitry is further configured to determine the predetermined start condition based on the information about the first player or the first player's character and the information about the second player or the second player's character (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP level) sets the time to complete including updating it to a lesser amount of time).
As per claim 14, GoW teaches a system herein the information required to realize the predetermined advancement includes information about time or a counting number regarding the predetermined advancement, and wherein the first processing circuitry and/or second processing circuitry is further configured to determine, based on the information about the first player or the first player's character and the information about the second player or the second player's character, the time or the counting number regarding the predetermined advancement (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP level) sets the time to complete including updating it to a lesser amount of time).
As per claim 15, GoW teaches a system wherein the first processing circuitry and/or second processing circuitry is further configured to determine, based on the information about the determined time or the determined counting number, a type of event occurring during the predetermined advancement or of privilege obtainable during the predetermined advancement (see page 10 sections “Building/Upgrading” and “VIP Status and Speed Ups” wherein a player’s status (see VIP level) sets the time to complete including updating it to a lesser amount of time. The event including amount of time skippable).
As per claims 18-20, GoW teaches a system wherein the predetermined advancement is executed in such a manner associated with one or more in-use game media, and wherein the predetermined start condition is set based on information about the one or more in-use game media (page 18 the building article in the first paragraph discusses that buildings have a resource cost and a time to construct with page 27 of the Barrack article including a chart with associated cost to update a building including time so as a building upgrades the time increases).
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered and are persuasive concerning a practical application for 101 regarding amended language. Therefore the 101 rejection has been overcome.
As per the 103 applicant argues that amended claim language overcomes the previous rejection regarding the automatic or semi-automatic modes. Examiner points to above rejections which address applicant’s amendments. Specifically applicant’s claims still read on the case where automation would not begin if a cost of an action is not paid. This is still the case as read by examiner with the language requiring a user’s active decision regarding the mode since the automation mode of GOW will not occur without a user first selecting an option. This would occur during the no automation portion of the game. The timing function of GoW is not always in effect if a condition is not met such as the starting of upgrading or building. Therefore an automation process would not occur. Examiner recommends applicant clarify language regarding automating and not-automatic game play and switching between the two with more clear language regarding the difference of gameplay for the non-automatic play that goes beyond determining to start or not to start the automatic game play. For example potential differences in how the game plays.
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 JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 5/1/2026
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