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 .
Claim Status
After the amendments filed 03/19/2026, claims 1-20 remain pending, of which 1-3, 6-11, 14-15, and 17-19 were amended.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimura et al (U.S. 8,882,590) in view of Kurtenbach (U.S. 5,689,667).
Regarding claims 1, 9 and 17, Shimura discloses:
an operation control method (abstract), comprising:
displaying on a touch screen (1) a virtual character in a virtual scene (1:56-67, 4:31-41, digital objects (i.e., game characters 201) are displayed on a touch panel 22 of LCD 14) and (ii) a movement control interface of a game application, the movement control interface being configured to receive a movement control operation through the touch screen to control movement of the virtual character in the virtual scene (4:4-15, 4:31-41, operating touch panel 22 allows the player to use stick, stylus, or finger to specify or make active (i.e., move) character images displayed on the screen);
determining, by the processing circuitry, target attribute configuration information for the virtual character (3:50-63, determining a target action or command for the video game character) based on a control operation performed through the touch screen (3:50-63, 4:35-45, when the player activates the action switch 20d or operates the touch panel 22 to select commands/actions for the video game character);
controlling, by the processing circuitry, the virtual character to perform an action based on the target attribute configuration information (3:50-63, 4:50-63, when the action switch 20d or command is activated, the player controls the video game character to perform an action).
However, Shimura does not specifically disclose:
displaying, by processing circuitry, a switch configuration interface on the touch screen overlaid, on a surrounding area of, or on an adjacent area of the movement control interface when a predefined gesture operation is performed on the movement control interface, the switch configuration interface being configured to receive a switch attribute configuration control operation through the touch screen to switch a configuration of the virtual character; or
determining target attribute configuration information for the virtual character based on the switch attribute configuration control operation being performed on the switch configuration interface through the touch screen.
Kurtenbach teaches that:
a system which includes a display and pointing device that are combined into a single touch sensitive screen (2:40-64), wherein a switch configuration interface is displayed on the touch screen overlaid on or on a surrounding area of a movement control interface (3:35-4:5, 5:5-12, Figs. 3, 4. 7, radial menu 40/radial sub-menu 56 appears overlaid directly under the tip of the pen/touch point and surrounds the activation point within angular ranges 74), wherein the switch configuration interface is displayed when a predefined gesture operation is performed on the movement control interface through the touch screen (3:35-4:5, 4:5-15, 6:35-45, Figs. 3, 8, 10, a user activates selection indicator by pressing down on the touch screen and pausing for a predetermined duration or drawing a directional stroke gesture, to cause the radial menu 40/sub-menu 56 to appear), wherein the switch configuration interface is configured to receive a switch attribute configuration control operation through the touch screen to switch a configuration of the virtual character (2:60-64, 8:50-65, Figs. 12, 13, selecting configurable tools/icons 210-224 from marking menu 62 via touch stroke on the touch screen), and determining target attribute configuration information based on the switch attribute configuration control operation being performed on the switch configuration interface through the touch screen (3:35-4:, 7:10-20, Figs. 9, 11, the user highlights a menu item by keeping the pen pressed and making a stroke towards the desired menu item on the touch screen, and the selected menu item choice is recorded and executed).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions, as taught by Shimura, as menu items utilizing the radial menu, as taught by Kurtenbach, on the touch screen to provide a means for controlling activation of the various different actions directly at the movement control area in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 2, 10 and 18, Shimura and Kurtenbach discloses that which is discussed above. Shimura further does not specifically disclose that:
the switch configuration interface includes at least one switch configuration element, each of the at least one switch configuration element corresponding to one type of candidate attribute configuration information.
Kurtenbach teaches that:
a system which includes a display and pointing device that are combined into a single touch sensitive screen (2:40-64), wherein a switch configuration interface is displayed on the touch screen overlaid on or on a surrounding area of a movement control interface (3:35-4:5, 5:5-12, Figs. 3, 4. 7, radial menu 40/radial sub-menu 56 appears overlaid directly under the tip of the pen/touch point and surrounds the activation point within angular ranges 74), wherein the switch configuration interface includes at least one switch configuration element (Fig. 3, menu item 1, menu item 2, menu item 3, menu item 4), each of the at least one switch configuration element corresponding to one type of candidate attribute configuration information (3:35-4:5, Fig. 3, wherein each element corresponds to a different menu).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions as taught by Shimura as menu items utilizing the radial menu as taught by Kurtenbach to provide a means for controlling activation of the various different actions in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 3, 11 and 19, Shimura and Kurtenbach discloses that which is discussed above. Shimura further does not specifically disclose that:
the surrounding area is part of a concentric ring area corresponding to the movement control interface, and a minimum display radius of the surrounding area is greater than or equal to a maximum display radius of the movement control interface; or
a distance between a center of the adjacent area and a center of the movement control interface is less than a first threshold.
Kurtenbach teaches that:
a system which includes a display and pointing device that are combined into a single touch sensitive screen (2:40-64), wherein a switch configuration interface is displayed on the touch screen overlaid on or on a surrounding area of a movement control interface (3:35-4:5, 5:5-12, Figs. 3, 4. 7, radial menu 40/radial sub-menu 56 appears overlaid directly under the tip of the pen/touch point and surrounds the activation point within angular ranges 74), wherein radial menu items are positioned in a circular/radial configuration centered around the activation point (2:33-36, 3:45-58, Figs. 3, 7, menu items are displayed in a circle, around the cursor), wherein a the menu items are displayed radially outward such that a minimum display radius of the surrounding area is greater than or equal to a maximum display radius of the movement control interface (Figs. 3, 7, the inner display radius of the surrounding menu items 73 is greater than or equal to the maximum display radius of the center activation region 44/76).
Although Kurtenbach does not specifically disclose that a distance between a center of the adjacent area and a center of the movement control interface is less than a first threshold, determining the specific spatial distance or threshold between adjacent graphical interfaces on a touch screen is a matter of obvious design choice and routine optimization in GIO layout to ensure the adjacent menu remains within convenient reach of the user’s stroke (See MPEP 2144.05).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions as taught by Shimura as menu items utilizing the radial menu as taught by Kurtenbach to provide a means for controlling activation of the various different actions in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 4, 12 and 20, Shimura and Kurtenbach discloses that which is discussed above.
Although neither Shimura nor Kurtenbach specifically disclose the following limitations, where the only difference between the prior art product and a claimed product is printed matter, that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art (See MPEP 2111.05). Therefore, these limitations, which are drawn to mere display of non-functional printed matter are not afforded patentable weight:
displaying the switch configuration interface comprises:
displaying candidate skill configuration information corresponding to the virtual character in one of the at least one switch configuration element;
displaying candidate appearance configuration information corresponding to the virtual character in one of the at least one switch configuration element; or
displaying candidate prop configuration information corresponding to the virtual character in one of the at least one switch configuration element.
Regarding claims 5 and 13, Shimura and Kurtenbach discloses that which is discussed above. Shimura further does not specifically disclose that:
determining the target attribute configuration information comprises one of:
determining, in response to a click selection operation performed on a target switch configuration element in the switch configuration interface, attribute configuration information corresponding to the target switch configuration element as the target attribute configuration information; and
determining, in response to a touch screen sliding selection operation performed on the target switch configuration element in the switch configuration interface, attribute configuration information corresponding to the target switch configuration element as the target attribute configuration information.
Kurtenbach teaches that:
determining the target attribute configuration information comprises one of:
determining, in response to a click selection operation performed on a target switch configuration element in the switch configuration interface, attribute configuration information corresponding to the target switch configuration element as the target attribute configuration information (3:35-4:5, activation of the radial menu 40 is achieved by a user pressing the pointing device down on a menu indicator); and
determining, in response to a touch screen sliding selection operation performed on the target switch configuration element in the switch configuration interface, attribute configuration information corresponding to the target switch configuration element as the target attribute configuration information (3:35-4:5, Fig. 3, a user selects a menu item utilizing a stroke motion 42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions as taught by Shimura as menu items utilizing the radial menu as taught by Kurtenbach to provide a means for controlling activation of the various different actions in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 6 and 14, Shimura and Kurtenbach discloses that which is discussed above. Shimura further does not specifically disclose:
the predefined gesture operation includes a press operation performed on the movement control interface being detected and a press duration of the press operation reaching a target duration.
Kurtenbach teaches that:
the predefined gesture operation includes a press operation performed on the movement control interface being detected (3:35-4:5, activation of the radial menu 40 is achieved by a user pressing the pointing device down on a menu indicator) and a press duration of the press operation reaching a target duration (3:35-4:5, the user presses the pen down for a short amount of time (approximately 1/3 second)).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions as taught by Shimura as menu items utilizing the radial menu as taught by Kurtenbach to provide a means for controlling activation of the various different actions in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 7 and 15, Shimura and Kurtenbach discloses that which is discussed above. Shimura further does not specifically disclose:
the predefined gesture operation includes a sliding operation according to a target track performed in the movement control interface being detected.
Kurtenbach teaches that:
the predefined gesture operation includes a sliding operation according to a target track performed in the movement control interface being detected (3:35-4:5, Fig. 3, a user selects a menu item utilizing a stroke motion 42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to present the various different actions as taught by Shimura as menu items utilizing the radial menu as taught by Kurtenbach to provide a means for controlling activation of the various different actions in order to yield the predictable result of simplifying the input controls for the video game, thereby improving the overall player experience (Shimura, 1:35-55).
Regarding claims 8 and 16, Shimura and Kurtenbach discloses that which is discussed above. Shimura further discloses that:
the displaying the virtual character comprises:
displaying the virtual character performing a game task based on the target attribute configuration information (3:40-63, activating the action switch 20d causes the video game character to perform various actions, for example hitting, throwing, obtaining, riding, jumping, etc.).
Response to Arguments
Applicant’s arguments, see Remarks, filed 03/19/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 101 have been fully considered and are persuasive. Specifically, the amended claims explicitly recite specific graphical and touch interactions (e.g., triggering a switch configuration interface on a touch screen overlaid, surrounding, or adjacent to a movement control interface in response to a predefined gesture. Under MPEP 2106.04(d) (i.e., Step 2A, Prong Two), these limitations integrate the judicial exception into a practical application by providing a specific improvement to graphical user interface operation by streamlining multi-control inputs and reducing display clutter by dynamically presenting configuration controls at the movement interface.
Applicant’s arguments, see Remarks, filed 03/19/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant’s arguments are directed to newly amended limitations (e.g., displaying on a touch screen, spatial positioning of the switch interface, and triggering via a predefined gesture) that were not present in the claims as previously rejected. Theses arguments have been rendered moot in view of the updated rejection set forth above, which specifically applies the teachings of Shimura and Kurtenbach to the newly amended claim language. Applicant is respectfully directed to the updated 35 U.S.C. 103 rejection above for the mapping of the cited art to the amended claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
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/Jason Pinheiro/Examiner, Art Unit 3715
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715
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