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 is in response to the amendments filed on 4/13/26. Claims 1, 4, 8, 11, 15, and 18 have been amended and claims 2, 9, and 16 have been cancelled. Claims 1, 3 – 6, 8, 10 – 13, and 16 – 20 are pending in the current application.
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, 3 – 6, 8, 10 – 13, and 16 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1: It must be determined whether the invention falls in one of the four statutory categories of invention. Claims 1 and 3 – 6 are directed towards a method, (process), and claims 8, 10 – 13, 15, and 17 - 20 are directed towards a terminal and a medium, (machine), which are statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
A method for displaying real-time battle information performed by a terminal, the method comprising: displaying a user interface of a battle; displaying, within the user interface of the battle, identifiers of user accounts participating in the battle, the identifier of each user account having a display region and the display region comprising a plurality of sub-regions that are continuously next to one another, different sub-regions corresponding to different information categories associated with the user account; in response to an operation on a display region of a target identifier of a target user account; obtaining attribute information of the operation, wherein the attribute information includes at least one of a trigger position of the operation, an operation method for the operation, a quantity of triggers of the operation, a trigger duration of the operation, and a trigger distance of the operation; determining a target sub-region on which the operation is performed from a plurality of sub-regions included in the display region of the target identifier according to the attribute information of the operation; determining a target information category of the target user account according to the target sub-region on which the operation is performed; and displaying real-time battle information of the target information category of the target user account adjacent to the target sub-region until the operation is removed from the target sub-region.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claims 8 and 15. Dependent claims 3 – 6, 10 – 13, and 17 - 20, further define the abstract idea or relate to the implementation of the abstract idea. The abstract idea is defined in at least the following grouping below:
Certain methods of organizing human activity (rules for conducting a game)
Mental processes (observation, evaluation, judgment)
The claims are directed towards an abstract idea of rules for conducting a game which falls into the category of organizing human activity, (See MPEP 2106/04(a)(2)(II)(C)). More specifically, the claimed invention recites a gaming system that executes and displays a video game wherein players control a game character to progress through the game. Controlling a video game that allows a player to progress through the video game represents rules for conducting a game.
The claims are also directed towards a series of steps which can practically be performed by one or more human, which fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention is drawn towards a player controlling a game character to progress through the game. The claims further disclose displaying a battle, user identifiers of users who are participating in the battle, obtaining attribute information, and determining a target region and target information. The claims recite instructions for controlling a video game with these features. Here, a human can observe the communication information, (battle information) that is displayed on a user interface, a human can observe the users involved in the battle and then determine the region of where the target is located as well as the target information. For example, in the event that the team of players are involved in a battle during gameplay, a user can observe the battle, determine who are teammates and is the enemy, and then determine a next step to make that is favorably for the user and the user’s teammates. Therefore, since the claimed invention can practically be performed in the human mind, it represents an ineligible abstract mental process.
The claims recite a generic terminal and an interface along with instructions that generate and present a video game to a player, wherein said player is instructed to control a game character to progress through the game, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite an interface, a processor, memory, (see claim 8), and identifiers associated with a plurality of users, however, viewed as a whole, these additional elements, including the displaying and controlling of game characters in a virtual game, as shown in the cited prior at Sims 4, are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
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.
Claims 1, 3 – 6, 8, 10 – 13, and 16 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Muller (U.S. 2012/0142429).
Regarding claims 1, 8, and 15, Muller discloses a method, terminal, and computer-readable storage medium for displaying real-time battle information, (“The group section 305 helps indicate how each of the players' characters are faring in the game. For example, if the group is fighting a monster 335, all players in the group can see who is losing hit points, who is faring better than others”, par. 0118 and fig. 3, part 305), performed by a terminal, (“an example of multiple client computer devices that may communicate with the data center 120 are shown”, par. 0096 and fig. 1b parts 141, 142, and 143, wherein the Examiner views the client computer devices as being equivalent to a terminal). Muller further discloses displaying a user interface of a battle, (“an example of a display screen illustrating a MMORPG user interface 300 showing a virtual world”, par. 0117 and fig. 3, part 300), displaying, within the user interface, identifiers of user accounts participating in the battle, the identifier of each user account having a display region and the display region comprising a plurality of sub-regions that are continuously next to one another, different sub-regions corresponding to different information categories associated with the user account, (“that includes a group section 305 depicting basic statistics of the player 310 and other group members 315 with whom the player is interacting” and fig. 3, parts 305, 310, and 315, wherein the Examiner views parts 310 and 315 as being equivalent identifiers of user accounts participating in the battle, and part 305 showing player statistics, (hit point, power, and mana), as being equivalent to a display region comprising sub-regions continuously next to each other corresponding to different information categories associated with user accounts). Muller further discloses wherein the attribute information includes at least a trigger position of the operation, (“A menu bar 370 provides access to various displays of information (not shown). For example, an abilities screen can display abilities that the character currently has and those that the character can gain over time. Some abilities may be listed in the menu bar 370 so that by clicking on a displayed ability, a particular action is performed”, par. 0122, wherein the Examiner views the clicking on a displayed ability as being equivalent to a trigger position of the operation). Muller further discloses determining a target sub-region on which the operation is performed from a plurality of sub-regions included in the display of the target identifier according to the attribute information of the operation, (fig. 3, part 370), determining a target information category of the target user account according to the target sub-region on which the operation is performed, (“Some abilities may be listed in the menu bar 370 so that by clicking on a displayed ability, a particular action is performed, such as climbing a tree, influencing a merchant, casting a spell, healing a party member, performing an attack, and so forth”, par. 0122, wherein the Examiner views the menu bar displaying the abilities as being equivalent to determining a target information category of a target user account). Muller further discloses displaying real-time battle information of the target information category of the target user account adjacent to the target sub-region, (“the selected statistics include hit points, power, and mana but may include any other statistics noted herein. The group section 305 helps indicate how each of the players' characters are faring in the game”, par. 0118 and fig. 3, part 305), until the operation is removed from the target sub-region, (“Referring to FIG. 4, a screen display 400 shows a map of the virtual world in which the player 330 and group 325 move and interact with digital objects (movable or immovable) within the virtual world. For example, screen display 400 may show the group of characters as the characters navigate through a forest and encounter various entities, such as monsters for battle”, par. 0129), wherein the Examiner views the player group, (part 325 of fig. 4), navigating the virtual world, not fighting a monster, (part 335 of fig. 3), and with the battle screen, (part 305 of fig. 3), not being displaying as being equivalent to displaying real-time battle information until the operation is removed from the target sub-region.
While Muller discloses a menu bar that gives a player access to view or obtain player abilities, inventory, spells, etc., (“menu bar 370 provides access to various displays of information (not shown). For example, an abilities screen can display abilities that the character currently has and those that the character can gain over time”, par. 0122 and fig. 3, part 370), Muller is silent on disclosing a menu option to obtain attribute information of the operation shown in part 305 of fig. 3, however, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a menu option similar to that of part 370 of fig. 3, for obtaining information for an operation, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claims 3, 10, and 17, Muller discloses wherein the different information categories comprise a first information category, a second information category, and a third information category, (fig. 3, parts 305, 310, and 315), real-time battle information of the first information category displaying virtual characters controlled by the target user account in the battle and arrangement position information of the virtual characters, (“The group section 305 helps indicate how each of the players' characters are faring in the game. For example, if the group is fighting a monster 335, all players in the group can see who is losing hit points, who is faring better than others, and allow the group to communicate and determine strategy”, par. 0118), real-time battle information of the second information category displaying an association relationship between the virtual objects controlled by the target user account in the battle, (Fig. 3, part 305, “hit point”, “power”, and “mana”, wherein the Examiner views the “hit point”, “power”, and “mana” attributes as a secondary information category). Muller further discloses and real-time battle information of the third information category displaying a virtual resource owned by the targe user account in the battle, (“the selected statistics include hit points, power, and mana but may include any other statistics noted herein. The group section 305 helps indicate how each of the players' characters are faring in the game”, par. 0118 and fig. 3, part 305, wherein the Examiner views mana as being equivalent to a virtual resource owned by a user).
Regarding claims 4, 11, and 18, Muller discloses wherein the method further comprises: displaying options respectively corresponding to a plurality of information categories in response to the operation on the display region of the target identifier, (“Referring to FIG. 2, an example of a screen display 200 for displaying information regarding character equipment and statistics is shown”, par. 0100 and fig. 2, parts 210 and 215), and the real-time battle information of the target information category of the target user account in response to an operation on an option corresponding to the target information category among the plurality of information categories, (“The group section 305 helps indicate how each of the players' characters are faring in the game. For example, if the group is fighting a monster 335, all players in the group can see who is losing hit points, who is faring better than others, and allow the group to communicate and determine strategy”, par. 0118, wherein the Examiner views the example a player losing hit points while the group is fighting a monster as being equivalent to displaying real-time battle information corresponding to an information category of a target user among the plurality of information categories).
Regarding claims 5, 12, and 19, Muller discloses determining a display position of the real-time battle information based on a display position of the target identifier; and displaying the real-time battle information of the target information category of the target account at the display position of the real-time battle information, (fig. 3, part 305).
Regarding claims 6, 13, and 20, Muller discloses wherein the displaying, within the user interface of the battle, identifiers of user accounts participating in the battle comprises: determining candidate user accounts participating in the battle, (“Referring to FIG. 3, an example of a display screen illustrating a MMORPG user interface 300 showing a virtual world that includes a group section 305 depicting basic statistics of the player 310 and other group members 315 with whom the player is interacting. To interact with the virtual world, each player at each client device 140 inputs movement, combat and other actions via various input devices”, par. 0117, “For example, if the group is fighting a monster 335, all players in the group can see who is losing hit points”, par. 0118, and fig. 3, parts 310 315, wherein the Examiner views parts 310 and 315 displaying Player 1, Player 2, Player 3, and Player N as being equivalent identifiers of user accounts participating in the battle). Muller further discloses selecting, from the candidate user accounts, the user accounts satisfying a predefined condition; and displaying the identifiers of the user accounts that satisfying the predefined condition, (“certain players satisfying these criteria and exceeding the various thresholds specified may be identified as role players”, par. 0136).
Response to Arguments
Applicant's arguments filed on 4/13/26 have been fully considered but they are not persuasive. In response to the 101 rejection, the Applicants state that “the rejection of the pending claims under 35 USC 101 should be withdrawn”. More specifically, it is argued that the claims are directed to a practical application, wherein the Applicants cite example 37 of the arrangement of icons on graphical user interface improves user interaction with a computer. In response to this, while the Examiner acknowledges the most recent claim amendments, the current claim language still does not disclose a practical application. The amended claim language merely recites a processor and interface components that determines and displays gaming information, which is viewed as computer components performing routine and ordinary functions. The courts have determined that claims that are directed to data collection and recognition are abstract ideas and is a well-known practice, (See Content Extraction and Transmission LLC v. Wells Fargo Bank (776 F.3d 1343). Regarding example 37, while the Examiner does acknowledge that Applicant’s specification may disclose a practical application, as discussed in the Applicant’s arguments, (par. 0006), with respect to increased efficiency and reducing the pressure on a user interface, however, the current claim language does not recite the steps that represent said improvement. Merely disclosing processor, interface, and memory components do not, as claimed, improve the functioning of computers. With respect to the Berkheimer decision, reference is made for example, (Lo et al. 2009/0094242), which shows the conventionality of computing devices including, processor, interface, and memory components, (see par. 0041 of Lo). Their collective functions provide conventional computer implementation of an abstract process.
For these reasons, the Examiner maintains that the claims do not represent a practical application and are not eligible under 35 U.S.C. 101.
Applicant’s arguments with respect to the 103 rejection of the pending have been considered but are moot based on new grounds of rejection.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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/E.M.T/ Examiner, Art Unit 3715
/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715
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