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 .
In the response to this Office action, the Office respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Office in prosecuting this application.
The Office has cited particular figures, elements, paragraphs and/or columns and line numbers in the references as applied to the claims for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider each of the cited references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage disclosed by the Office.
Status of Claims
- Applicant’s Amendment filed August 28, 2025 is acknowledged.
- Claim(s) 1-9 is/are amended
- Claim(s) 10-20 is/are canceled
- Claim(s) 21-31 is/are new
- Claim(s) 1-9, 21-31 is/are pending in the application.
This action is FINAL
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim(s) 1-2, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al, U.S. Patent Publication No. 20230048793 in view of Ogata et al, U.S. Patent Publication No. 20020006827 and Zalewski, U.S. Patent Publication No. 20110086706.
Consider claim 1, Lee teaches a data processing apparatus comprising circuitry configured to: execute a first video game application (see Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications),
execute a second video game application (see Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications),
wherein the first and second video game applications are different video game applications (see Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications)
Lee is silent regarding displaying control indication information for the game controller.
In a related field of endeavor, Ogata teaches wherein execution of a first video game application comprises generating first control information indicative of one or more controls for controlling the first video game application (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands); execute a control indication program using the first control information to indicate the one or more controls for controlling the first video game application to a user (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands) so as to provide operation guidance to a user with respect to different available controls.
One of ordinary skill in the art would have been motivated to have modified Lee with the teachings of Ogata to have operation guidance displayed to a user with respect to different available controls for each different game controller scenario so as to assist a user in ascertaining available control options for each game controller scenario using known techniques with predictable results.
Incorporation of the teachings of Ogata would have resulted in wherein the first and second video game applications are different video game applications (see Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications) the control indication program is executable concurrently with each of the first and second video game applications as separate software from the first and second video game applications (where in order to display operation guidance Ogata’s program would necessarily run/execute concurrently with each of a selected first or second video game application).
Lee/Ogata is silent regarding the first and second control information are generated as respective data structures in a standardized format readable by the control indication program. In a related field of endeavor, Zalewski teaches an input mapping table including different possible game actions according to the game state and the inputs required to cause each action with a corresponding input device (see Zalewski paragraph 0066) so as to facilitate mapping device inputs to in game actions according to a game state.
One of ordinary skill in the art would have been motivated to have further modified Lee to have generated as respective data structures in a standardized format readable by a control indication program so as to facilitate mapping device inputs to in game actions according to a game state using known techniques with predictable results.
Consider claim 2, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 1 and further teaches wherein: the first control information comprises an indication of one or more controls for controlling the first video game application for each of a plurality of in-game situations of the first video game application and an indication of a current in-game situation of the first video game application, and execution of the control indication program using the first control information is to indicate the one or more controls for the current in-game situation of the first video game application to the user; and/or the second control information comprises an indication of one or more controls for controlling the second video game application for each of a plurality of in-game situations of the second video game application and an indication of the current in-game situation of the second video game application, and execution of the control indication program using the second control information is to indicate the one or more controls for the current in-game situation of the second video game application to the user (see Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications and Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands).
Consider claim 7, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 1 and further teaches wherein execution of the control indication program causes a signal indicating the one or more controls for controlling the first and/or second video game application to be transmitted to a separate data processing apparatus (see Lee figure 6, element 210, 220, 230, , 111, 150, 310, 320, 330, 340 and paragraphs 0115,0130 0132-0135 specifically for example paragraph 0115 where for example detection of activation of the device controller, detection of activation of the device, detection of a change in selection of a source device, or detection of activation of a game hub. The detection of activation of the device controller may indicate that the display apparatus and the device controller are detected to be communicatively connected to each other. The detection of activation of the device may indicate that the display apparatus and the device are detected to be communicatively connected to each other. The detection of a change in selection of a source device may indicate that the display apparatus detects that the source device has been changed by a user or the like. The detection of activation of a game hub may indicate that the game hub is detected to be activated by a particular user input. For example, the game hub may be activated by a particular button input on the device controller connected to the display apparatus, and the activation of the game hub may be detected by receiving a control signal corresponding to the particular button input.).
Consider claim 8, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 7, wherein: the separate data processing apparatus comprises a display (see Lee figure 1, element 10 and Ogata figure 1, element 6); and
the signal indicating the one or more controls for controlling the first and/or second video game application is for causing the separate data processing to display an image indicating the one or more controls for controlling the first and/or second video game application (see Lee figure 13, element 1350 and Ogata figures 13A-13C, 15-18).
Consider claim 9, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 7 and further teaches wherein: the separate data processing apparatus is a video game controller for control the first and/or second video game application (see Ogata figure 1, element 2, 4 and Lee figure 2, element 100, 60, 300); and
the signal indicating the one or more controls for controlling the first and/or second video game application is for causing a user interface of the video game controller to indicate the one or more controls for controlling the first and/or second video game application to the user (see Ogata figures 13A-13C, 15-18).
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al, U.S. Patent Publication No. 20230048793, Ogata et al, U.S. Patent Publication No. 20020006827 and Zalewski, U.S. Patent Publication No. 20110086706 in view of Wong et al, U.S. Patent Publication No. 20100041480.
Consider claim 3, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 1.
Lee/Ogata is silent regarding wherein: the first control information comprises an indication of a first set of one or more controls for controlling the first video game application and a second set of one or more controls for controlling the first video game application, and execution of the control indication program using the first control information comprises: causing an indication of the first set of one or more controls, detecting one or more first triggers, and in response to detecting the one or more first triggers, causing an indication of the second set of one or more controls; and/or the second control information comprises an indication of a first third of one or more controls for controlling the second video game application and a fourth set of one or more controls for controlling the second video game application, and execution of the control indication program using the second control information comprises: causing an indication of the third set of one or more controls, detecting one or more second triggers, and in response to detecting the one or more second triggers, causing an indication of the fourth set of one or more controls.
In a related field of endeavor, Wong teaches that control key layout for different console types is known (see Wong figures 3-5) and control key layout including navigation keys and action keys can assume different functions depending on the particular game being played (see Wong paragraphs 0024-0030).
One of ordinary skill would have been motivated to have modified Lee/Ogata with the teaching of Wong so as to show different functions depending on the particular game being played and would have resulted in the first control information comprises an indication of a first set of one or more controls for controlling the first video game application and a second set of one or more controls for controlling the first video game application, and execution of the control indication program using the first control information comprises: causing an indication of the first set of one or more controls, detecting one or more first triggers, and in response to detecting the one or more first triggers, causing an indication of the second set of one or more controls; and/or the second control information comprises an indication of a first third of one or more controls for controlling the second video game application and a fourth set of one or more controls for controlling the second video game application, and execution of the control indication program using the second control information comprises: causing an indication of the third set of one or more controls, detecting one or more second triggers, and in response to detecting the one or more second triggers, causing an indication of the fourth set of one or more controls (see Wong figures 3-5 and paragraphs 0024-0030, Lee figure 1, elements 20, 30, figure 6, element 240, 210, 220, 230, figure 13, element 1350 and paragraph 0070 where game hub 60 may include a graphical user interface that allows the user to select one of devices included in the device 200, e.g., the server computer 240, the first device 210, the second device 220, and the third device 230, as a game content providing source and where for example a company A-manufactured game console 20 and a company B-manufactured game console 30 may correspond to different video game applications or cloud game 1, cloud game 2 may correspond to different video game applications and Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands).
Consider claim 4, Lee as modified by Ogata, Zalewski and Wong teaches all the limitations of claim 3. Ogata is silent regarding wherein the one or more first and/or second triggers comprise detecting expiry of a predetermined time period over which no input from the user is detected. Ogata discloses iteratively listing each control and its function (see Ogata figure 12) or allowing a user to select which control to provide guidance of its function (see Ogata figure 18 and paragraph 0126). Ogata in figure 11 and paragraph 0110 that a user is prompted to repeat the operation guidance once more or finish the operation guidance. Examiner takes Official Notice that it is well known in the art to trigger program actions upon expiration of a time period for receiving user input as evidenced by Commarford et al, U.S. Patent Publication No. 20090100337 (see Commarford paragraph 0035), Paquette et al, U.S. Patent Publication No. 7562362 (see Paquette claim 48), and Harris et al, U.S. Patent Publication No. 20220343935 (paragraph 0143, 0187). One of ordinary skill in the art would have been motivated to have modified Lee to incorporate a trigger including expiration of a time period for receiving user input so as to trigger programming actions using known techniques with predictable results.
Consider claim 5, Lee as modified by Ogata, Zalewski and Wong teaches all the limitations of claim 3 and further teaches wherein the one or more first and/or second triggers comprise detecting a predetermined input from the user (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al, U.S. Patent Publication No. 20230048793, Ogata et al, U.S. Patent Publication No. 20020006827 and Zalewski, U.S. Patent Publication No. 20110086706 in view of Okano et al, U.S. Patent Publication No. 6001017.
Consider claim 6, Lee as modified by Ogata and Zalewski teaches all the limitations of claim 1 and further teaches wherein execution of the control indication program causes an image indicating the one or more controls for controlling the first and/or second video game application to be output for display (see Ogata figures 13A-13C, 16A-17C
Lee/Ogata is silent regarding display of operation guidance with video game content of the first and/or second video game application.
In a related field of endeavor, Okano teaches display of operation guidance with video game content (see Okano figures 5-7B specifically for example figure 7A, element 23 or 7B, element 25) so as to facilitate players reducing stress on a player by helping familiarize them with complicated game operations (see Okano column 1, lines 45-62).
One of ordinary skill in the art would have been motivated to have modified Lee/Ogata with the teachings of Okano to display of operation guidance with video game content so as to facilitate players reducing stress on a player by helping familiarize them with complicated game operations using known techniques with predictable results.
Claim(s) 21, 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski, U.S. Patent Publication No. 20110086706 in view of Ogata et al, U.S. Patent Publication No. 20020006827.
Consider claim 21, Zalewski teaches a system comprising: one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations (see Zalewski figure 1, and paragraph 0015, 0029-0030 where a networked environment for playing Browser Based Games (BBG), according to one embodiment. Web servers 102 hosted by game providers deliver web pages to users 114a-114c using standard http (Hypertext Transfer Protocol) transfers. The web pages include the code for playing the BBGs in one of many devices with web browsing capabilities. Embodiments of the invention allow players using web browsers and multiple types of input devices to easily access and play BBGs) comprising: detecting,
Zalewski is silent regarding displaying control indication information for a game controller.
In a related field of endeavor, Ogata teaches wherein execution of a first video game application comprises generating first control information indicative of one or more controls for controlling the first video game application (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands); execute a control indication program using the first control information to indicate the one or more controls for controlling the first video game application to a user (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands) so as to provide operation guidance to a user with respect to different available controls.
One of ordinary skill in the art would have been motivated to have modified Zalewski with the teachings of Ogata to have operation guidance displayed to a user with respect to different available controls for each different game controller scenario so as to assist a user in ascertaining available control options for each game controller scenario using known techniques with predictable results.
Consider claim 30, Zalewski as modified by Ogata teaches all the limitations of claim 21 and further teaches wherein the operations comprise: maintaining a table storing the control information indicative of one or more controls for controlling the video game application, wherein the table includes: (i) a first mapping between a first game situation and a first set of controls relevant for the first game situation and (ii) a second mapping between a second game situation, different from the first game situation, and a second set of controls relevant for the second game situation; querying, using the detected game situation of current gameplay within the video game application, the maintained table to identify the subset of the control information; and after querying the maintained table, indicating the subset of the control information (see Zalewski paragraph 0066 where different inputs are mapped to specific game actions and a given input can result in more than one different actions according to the game state. The first column of input mapping table 702 includes the different possible game actions and the rest of the columns indicate the inputs required to cause this action in the game with the corresponding input device).
Consider claim 31, Zalewski teaches a method comprising: detecting,
Zalewski is silent regarding displaying control indication information for a game controller.
In a related field of endeavor, Ogata teaches wherein execution of a first video game application comprises generating first control information indicative of one or more controls for controlling the first video game application (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands); execute a control indication program using the first control information to indicate the one or more controls for controlling the first video game application to a user (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands) so as to provide operation guidance to a user with respect to different available controls.
One of ordinary skill in the art would have been motivated to have modified Zalewski with the teachings of Ogata to have operation guidance displayed to a user with respect to different available controls for each different game controller scenario so as to assist a user in ascertaining available control options for each game controller scenario using known techniques with predictable results.
Claim(s) 22, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski, U.S. Patent Publication No. 20110086706 and Ogata et al, U.S. Patent Publication No. 20020006827 in view of Okano et al, U.S. Patent Publication No. 6001017.
Consider claim 22, Zalewski as modified by Ogata teaches all the limitations of claim 21 and further teaches wherein the control information comprises:(i) an indication of one or more controls for controlling the video game application for each of a plurality of in-game situations of the video game application see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands) and
(ii)
Zalewski/Ogata is silent regarding display of operation guidance with an indication of the game situation of current gameplay within the video game application.
In a related field of endeavor, Okano teaches display of operation guidance with video game content (see Okano figures 5-7B specifically for example figure 7A, element 23 or 7B, element 25) so as to facilitate players reducing stress on a player by helping familiarize them with complicated game operations (see Okano column 1, lines 45-62).
One of ordinary skill in the art would have been motivated to have modified Zalewski/Ogata with the teachings of Okano to display of operation guidance with an indication of the game situation of current gameplay within the video game application so as to facilitate players reducing stress on a player by helping familiarize them with complicated game operations using known techniques with predictable results.
Consider claim 26, Zalewski as modified by Ogata and Okano teaches all the limitations of claim 21, wherein indicating the subset of the control information based on the detected game situation comprises: displaying the subset of the control information with video game content of the video game application (see Okano figures 5-7B specifically for example figure 7A, element 23 or 7B, element 25).
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski, U.S. Patent Publication No. 20110086706 and Ogata et al, U.S. Patent Publication No. 20020006827 in view of Wong et al, U.S. Patent Publication No. 20100041480.
Consider claim 23, Zalewski as modified by Ogata teaches all the limitations of claim 21. Zalewski/Ogata is silent regarding wherein the control information comprises an indication of a first set of one or more controls for controlling the video game application and a second set of one or more controls for controlling the video game application, and wherein indicating the subset of the control information based on the detected game situation comprises indicating the first set of one or more controls, wherein the operations comprise: detecting one or more triggers, and in response to detecting the one or more triggers, indicating the second set of one or more controls.
In a related field of endeavor, Wong teaches that control key layout for different console types is known (see Wong figures 3-5) and control key layout including navigation keys and action keys can assume different functions depending on the particular game being played (see Wong paragraphs 0024-0030).
One of ordinary skill would have been motivated to have modified Zalewski/Ogata with the teaching of Wong so as to show different functions depending on the particular game being played and would have resulted in wherein the control information comprises an indication of a first set of one or more controls for controlling the video game application and a second set of one or more controls for controlling the video game application, and wherein indicating the subset of the control information based on the detected game situation comprises indicating the first set of one or more controls, wherein the operations comprise: detecting one or more triggers, and in response to detecting the one or more triggers, indicating the second set of one or more controls (see Wong figures 3-5 and paragraphs 0024-0030, Zalewski figure 1 and paragraphs 0029-0030 and Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands).
Consider claim 24, Zalewski as modified by Ogata and Wong teaches all the limitations of claim 23. Ogata is silent regarding wherein detecting the one or more triggers comprises: detecting expiry of a predetermined time period over which no input from a user is detected. Ogata discloses iteratively listing each control and its function (see Ogata figure 12) or allowing a user to select which control to provide guidance of its function (see Ogata figure 18 and paragraph 0126). Ogata in figure 11 and paragraph 0110 that a user is prompted to repeat the operation guidance once more or finish the operation guidance. Examiner takes Official Notice that it is well known in the art to trigger program actions upon expiration of a time period for receiving user input as evidenced by Commarford et al, U.S. Patent Publication No. 20090100337 (see Commarford paragraph 0035), Paquette et al, U.S. Patent Publication No. 7562362 (see Paquette claim 48), and Harris et al, U.S. Patent Publication No. 20220343935 (paragraph 0143, 0187). One of ordinary skill in the art would have been motivated to have modified Zalewski to incorporate a trigger including expiration of a time period for receiving user input so as to trigger programming actions using known techniques with predictable results.
Consider claim 25, Zalewski as modified by Ogata and Wong teaches all the limitations of claim 23 and further teaches wherein detecting the one or more triggers comprises: detecting a predetermined input from a user (see Ogata figure 11, element S3-S6, figure 12, element S11-S17, figure 18 and paragraphs 0105-0130 specifically for example paragraph 0110 where execution of the operation guidance in step S6 will be described in detail below with reference to FIG. 12 and paragraph 0126 where guidance process illustrated in FIG. 18 may be carried out according to an operation sequence shown in FIG. 19. In the operation sequence shown in FIG. 19, commands shown in FIG. 20 are displayed on the display screen 6a of the display monitor 6. If one of the displayed commands is selected by the game player in step S31, then control proceeds to step 32 in which data corresponding to the selected command is read from a data table shown in FIG. 21. The data table shown in FIG. 21 contains the commands and control member types and their sequences in association with the commands).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski, U.S. Patent Publication No. 20110086706 and Ogata et al, U.S. Patent Publication No. 20020006827 in view of Lee et al, U.S. Patent Publication No. 20230048793.
Consider claim 27, Zalewski as modified by Ogata teaches all the limitations of claim 21, Zalewski/Ogata is silent regarding transmitting a signal indicating the subset of the control information to a separate data processing apparatus.
Zalewski teaches users selecting to use different input devices with different game options (see Zalewski figure 1 and paragraphs 0029-0030).
In the same field of endeavor, Lee teaches transmitting a signal indicating the control information to a separate data processing apparatus (see Lee figure 6, element 210, 220, 230, , 111, 150, 310, 320, 330, 340 and paragraphs 0115,0130 0132-0135 specifically for example paragraph 0115 where for example detection of activation of the device controller, detection of activation of the device, detection of a change in selection of a source device, or detection of activation of a game hub. The detection of activation of the device controller may indicate that the display apparatus and the device controller are detected to be communicatively connected to each other. The detection of activation of the device may indicate that the display apparatus and the device are detected to be communicatively connected to each other. The detection of a change in selection of a source device may indicate that the display apparatus detects that the source device has been changed by a user or the like. The detection of activation of a game hub may indicate that the game hub is detected to be activated by a particular user input. For example, the game hub may be activated by a particular button input on the device controller connected to the display apparatus, and the activation of the game hub may be detected by receiving a control signal corresponding to the particular button input.) so as to detect activation, connection and/or changing of an source/input device and/or particular button.
One of ordinary skill would have been motivated to have modified Zalewski to have transmitted a signal indicating a subset of control information to a separate data processing apparatus so as to communicate activation, connection and/or changing of an source/input device and/or particular button to a game server using known techniques with predictable results.
Consider claim 28, Zalewski as modified by Ogata and Lee teaches all the limitations of claim 27 and further teaches wherein: the separate data processing apparatus comprises a display (see Lee figure 1, element 10 and Ogata figure 1, element 6); and the signal indicating the subset of the control information causes the separate data processing apparatus to display an image indicating the subset of the control information (see Lee figure 13, element 1350 and Ogata figures 13A-13C, 15-18).
Consider claim 29, Zalewski as modified by Ogata and Lee teaches all the limitations of claim 27 and further teaches wherein: the separate data processing apparatus is a video game controller for controlling the video game application (see Ogata figure 1, element 2, 4 and Lee figure 2, element 100, 60, 300); and
the signal indicating the subset of the control information causes a user interface of the video game controller to indicate the subset of the control information (see Ogata figures 13A-13C, 15-18).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has failed to address the Examiner’s assertion of Official Notice that it is well known in the art to trigger program actions upon expiration of a time period for receiving user input was well known in the art. MPEP 2144.03 states that a general allegation that the claims define a patentable invention without any reference to the Examiner's assertion of Official Notice would be inadequate and, if the Applicant does not traverse the examiner's assertion of official notice, the Examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because the Applicant failed to traverse the Examiner's assertion of official notice. Therefore, the subject matter that is the subject of the Examiner’s Official Notice is now considered to be admitted prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakamura et al, U.S. Patent Publication No. 20190262700 paragraph 0159 where controller 11 determines, based on the game situation data), Fujita, U.S. Patent Publication No. 20210402295 paragraph 0192 where “controlling the game progress” may be a process of determining whether to update a game situation at an update timing for progressing the game. Alternatively, the phrase “controlling the game progress” may be a process for carrying out the following (i) and (ii): (i) determining whether to update a game situation at an update timing for progressing the game; and (ii) updating the game situation when the game situation is updated.), Inoue et al, U.S. Patent Publication No. 20240226719 (computer game system), Shinoda et al, U.S. Patent Publication No. 20130303245 (game device), Suzuki et al, U.S. Patent Publication No. 20130267330 (game device), Takahashi et al, U.S. Patent Publication No. 20070232400 (server game data), Tawara, U.S. Patent Publication No. 20050159197 (game apparatus).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dorothy H Harris whose telephone number is (571)270-7539. The examiner can normally be reached Monday - Friday 8am - 4pm.
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/Dorothy Harris/Primary Examiner, Art Unit 2625