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
Examiner acknowledges receipt of amendment/arguments filed 12/11/2025. The arguments set forth are addressed herein below. Claims 1-20 remain pending, no Claims have been newly added, and no Claims have been canceled. Currently, Claims 1, 5, 8, 10, and 18 have been amended. No new matter appears to have been entered.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Berkes et al. (US 2012/0169610 A1) (henceforth, “Berkes”).
Regarding claims 1, 10, and 18, Berkes teaches a user device and method, comprising:
a touchscreen configured to receive a first touch input at a location within a touchscreen display during an interactive virtual session (e.g., computing device 10 may display the virtual controller 14 on the multi-touch display 12 in a configuration that enables a user to control a program, such as a video game in Fig. 1 and Para. 11); and
a processor that executes instructions stored in memory (e.g., processor and memory in Fig. 2), wherein the processor executes the instructions to:
initiate a first state of an element of the interactive virtual session (e.g., detect initial digit down position and a neutral controller position in Steps 602-604 in Fig. 6) and a first action associated with the first state of the element based on the location of the first touch input (e.g. determine controller input parameter relative to neutral position in Steps 606-608 in Fig. 6);
determine a value associated with the first state, wherein the value corresponds to at least one of the first touch input or a set of user interactions detected (e.g., pressure (i.e., value) of digit against display in Step 610 in Fig. 6);
monitor whether a second touch input is detected while the element is in the first state (e.g., after Steps 602-610 a subsequent digit down can be detected in Step 616 in Fig. 6), the second touch input corresponding to a second action that is only available during the first state of the element (e.g., only after Steps 602-610 can a subsequent digit down be detected and determine an ancillary control input in Step 620 in Fig. 6); and
execute the first action based at least in part on the value and the monitoring indicating the second touch input is not detected (e.g., if no subsequent digit down the initial input parameter at Step 612 proceeds to Steps 622-624 in Para. 39 and Fig. 6).
Regarding claims 2, 13, and 19, Berkes teaches determining the second action to be executed based at least in part on one or more conditions when the second touch input is detected while the element is in the first state (e.g., only after Steps 602-610 can a subsequent digit down be detected and determine an ancillary control input in Step 620 in Fig. 6).
Regarding claims 3 and 20, Berkes teaches a duration from initiating the first action has exceeded a time threshold value (e.g., threshold period of time in Para. 28).
Regarding claim 4, Berkes teaches the one or more conditions include a release of the first touch input associated with the first state (Step 614).
Regarding claim 5, Berkes teaches monitoring a duration of the first touch input; and making accessible the second touch input when the duration of the first touch input exceeds a threshold (e.g., touch over time with a digit in Para. 23 and/or Para. 28).
Regarding claim 6, Berkes teaches generating a visible indicia that the second touch input has been activated in response to the first touch input exceeding the threshold (e.g., indication of pressure in Para. 23 and/or Step 618).
Regarding claim 7, Berkes teaches generating a visible indicia that indicates progress toward activating the second touch input while the first touch input is determined to have been received but before the duration exceeded the threshold (Para. 23).
Regarding claim 8, Berkes teaches monitoring for a third touch input corresponding to a modification of the first state before the first action is executed (Step 606); and modifying the first state upon detecting the third touch input while the element is in the first state (Step 608).
Regarding claim 9, Berkes teaches modifying the first state is based on instructions customized by a user (Step 608, user controls input parameters).
Regarding claim 11, Berkes teaches the first touch input and the second touch input are received from a user via the touchscreen display (Figs. 1-2).
Regarding claim 12, Berkes teaches the user device is one of a smartphone or tablet device (e.g., computing device 10 may be configured as a mobile telephone, tablet computer, or other handheld computing device in Para. 10).
Regarding claim 14, Berkes teaches the touchscreen display includes a virtual controller that has a plurality of input options each corresponding to an interaction between a user and a software application (e.g., virtual controller in Para. 11 and Fig. 1).
Regarding claim 15, Berkes teaches the software application includes a video game player by the user (e.g., video game in Para. 11).
Regarding claim 16, Berkes teaches the first action includes an action to be performed by a character portrayed in the video game (e.g., controlling aspects of a game in Para. 11-13)
Regarding claim 17, Berkes teaches the first state is accompanied by an animation associated with the first action (e.g., controlling aspects of a game in Para. 11-13 and adjusting GUI element in Para. 39).
Response to Arguments
Applicant’s arguments with respect to the prior art rejections of claims 1-20 have been considered but are moot in view of the new ground(s) of rejection. A new reference (Berkes) has been applied.
Conclusion
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.
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/CHASE E LEICHLITER/Primary Examiner, Art Unit 3715