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 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a resource preloading method. The limitation of loading a static resource set of a round of a game during a character selection stage of the round, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “virtual,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “virtual” language, “loading” in the context of this claim encompasses the user mentally thinking about character selection prior to playing a game. The same interpretation is applied to the remaining steps in claim 1. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – virtual. The virtual language is recited at a high-level of generality (i.e., as a generic processor implementing a step) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using virtual amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Similar reasoning is applied to claims 2-20.
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.
Claim(s) 1-6, 8, 11-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Publication No. 2014/0162785 A1 to Reiche et al. (hereinafter “Reiche”).
Concerning claim 1, Reiche discloses a resource preloading method (paragraph [0026]), the method being performed by at least one processor and comprising:
loading a static resource set of a round of a game during a character selection stage of the round, the character selection stage selecting a virtual character participating in the round, and the static resource set comprising resources that are to be used in the round and that are not related to character configuration information determined during the character selection stage (paragraphs [0035]-[0038] – static data related to the character is uploaded to the gaming device); and
based on the loading of the static resource set being completed during the character selection stage, loading a dynamic resource set of the round during a resource loading stage of the round, the dynamic resource set comprising resources that are to be used in the round and that are related to the character configuration information (paragraphs [0053]-[0055] – a dynamic resource set is loaded where the player may capture different powers or attributes for user with the virtual character).
Concerning claims 2 and 13, Reiche discloses further comprising: based on the loading of the static resource set being partially completed during the character selection stage, loading a dynamic resource set of the round and loading remaining static resources in the static resource set during the resource loading stage of the round (paragraphs [0053]-[0057] – static and dynamic resource sets may be loaded throughout the processing of the game).
Concerning claims 3 and 14, Reiche discloses wherein the dynamic resource set and the static resource set are loaded concurrently during the resource loading stage of the round paragraphs [0053]-[0057] – static and dynamic resource sets may be loaded after a round of play).
Concerning claims 4 and 15, Reiche discloses wherein based on the static resource set of the round being loaded during the character selection stage of the round, the method further comprises at least one of: displaying first prompt information during the character selection stage, the first prompt information indicating that at least some resources of the round are preloaded; or displaying second prompt information during the resource loading stage, the second prompt information indicating that the at least some resources of the round are preloaded (paragraphs [0053]-[0057], [0081], [0082] – display is shown of the resources affiliated with the character and resources gained by the character).
Concerning claims 5 and 16, Reiche discloses wherein the first prompt information dynamically displays a loading progress of the static resources, and wherein the second prompt information displays a proportion of the static resources that have been preloaded to total resources (paragraphs [0053]-[0057], [0081], [0082] – recourses are dynamically displayed including a proportion of the static resources).
Concerning claims 6 and 17, Reiche discloses wherein the loading of the static resource set comprises: loading a plurality of static resource subsets in the static resource set sequentially or concurrently during the character selection stage, and wherein the plurality of static resource subsets comprises at least one of: a scenario resource subset in the round, the scenario resource subset comprising a resource of a virtual object appearing on a game map in the round; and a non-player character (NPC) resource subset in the round, the NPC resource subset comprising resources of one or more NPCs in the round (paragraphs [0053]-[0057] – static and dynamic resource sets may be loaded throughout the processing of the game including gaining attributes of NPC).
Concerning claims 8 and 18, Reiche discloses wherein the loading of the dynamic resource set and the remaining static resources comprises: based on the character selection stage ending while the loading of the static resource is not yet completed, starting the loading of the dynamic resource set at a beginning of the resource loading stage, and continuing the loading of the remaining static resources (paragraphs [0035]-[0038], [0053]-[0057] – static and dynamic resource sets may be loaded throughout the processing of the game).
Concerning claim 11, Reiche discloses further comprising: displaying a game screen of a battle stage of the round based on the loaded static resource set and dynamic resource set, after the resource loading stage ends (paragraphs [0053]-[0057], [0081], [0082] – battle stage is shown and assets are loaded based on results of the battle).
Concerning claims 12 and 20, see the rejection of claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Reiche in view of US Publication No. 2014/0129343 A1 to Finster et al. (hereinafter “Finster”).
Concerning claims 9, 19 Reiche lacks specifically disclosing, however, Finster discloses further comprising: storing the loaded static resource set in a target cache in the round; and loading at least one static resource in the static resource set from the target cache during the character selection stage of a next round of the game (Fig. 11, paragraphs [0082], [0089], [0093] – data may be loaded from multiple caches scheduled to load at various times). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the multiple caches to load and store data as disclosed by Finster in the system of Reiche in order to minimize disruption for the gaming application.
Concerning claim 10, Reiche lacks specifically disclosing, however, Finster discloses wherein the loading of the at least one static resource comprises: loading all static resources in the static resource set from the target cache based on a game mode of the round being same as a game mode of the next round; and loading a portion of the static resource set from the target cache based on the game mode of the round being different from the game mode of the next round, wherein the portion of the static resource set is to be used in the next round (Fig. 11, paragraphs [0082], [0089], [0093] – data may be loaded from multiple caches scheduled to load at various times). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the multiple caches to load and store data as disclosed by Finster in the system of Reiche in order to minimize disruption for the gaming application.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715