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 .
This communication is to response to Application No. 18/399,281 filed on 012/28/2023.
Claims 1-2719 are currently pending and has been examined.
Information Disclosure Statement
IDSs are considered.
The drawings filed on 12/28/2023 are noted.
Claim Objections
Claims 2-9, 11-18, and 20-27 are 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.
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.
8. Claims 1, 10, 19, and all dependent claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the limitation of: “a game development support system”.
The limitation of a game development support system, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, claims 1-27 recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element – using a processor to execute a game program that includes a program of dynamic rendering setting for changing rendering setting in accordance with a load of a rendering process during a game; reproduce a predetermined cut scene during the game with the dynamic rendering setting being invalidated; measure the load of the rendering process during reproduction of the cut scene. The processor is recited at a high-level of generality (i.e., as a generic computer facilitating access to image processing in game processing system) such that it amounts no more than mere instructions. 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 claims are directed to an abstract idea.
In the instant case, the claims do 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 when the cut scene is reproduced with the dynamic rendering setting being valid, at a timing in the cut scene satisfying a predetermined condition, based on transition of the measured load, set a substitute load to be used for the dynamic rendering setting instead of the load of the rendering process being executed at the timing, and store data of the substitute load Thus, taken alone, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-27 are ineligible under 35 U.S.C. 101.
Claim Rejections - 35 USC § 102
he 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.
10. Claims 1, 10, and 19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Inaba Sho (US PG PUB 2022/0161139).
As per claim 1
Inaba discloses a game development system (see., Inaba, abstract); execute a game program that includes a program of dynamic rendering setting for changing rendering setting in accordance with a load of a rendering process during a game (see., paragraphs 0006-0017 and 0103, Fig 6, the game processing unit 811 causes the game apparatus 1 to perform the game being developed); reproduce (reproduce or substituted into the place holder) predetermined cut scene during the game with the dynamic rendering setting being invalidated (see., paragraphs 0006 and 0103, the character string that indicates a place holder and character string that is not a place holder, the examiner broadly and reasonably interprets the character string that is not a place holder as setting being invalidated); measure the load of the rendering process during reproduction of the cut scene (see., paragraph 0131, Fig 11, analysis 400 for monitoring the load processor, the examiner also broadly and reasonably interprets the analysis 400 as a unit for measuring the load); and when the cut scene is reproduced with the dynamic rendering setting being valid, at a time in the cut scene satisfying a predetermined condition, based on transition of the measured load (see., paragraphs 0094, 0105, 0106, Fig 7, the operation data is transmitted repeatedly, once every predetermined time. When the data has been substituted, therefore, it is valid); set a substitute load to be used for the dynamic rendering setting instead of the load of the rendering process being executed at the time, and store data of the substitute load (see., paragraphs 0006, 0031, 0106, and Fig 7, substituted into the place holder a text formal log in in which the character string in which the data has been substituted into the place holder).
As per claim 10
Inaba discloses a game development system (see., Inaba, abstract); execute a game program that includes a program of dynamic rendering setting for changing rendering setting in accordance with a load of a rendering process during a game (see., paragraphs 0006-0017 and 0103, Fig 6, the game processing unit 811 causes the game apparatus 1 to perform the game being developed); reproduce (reproduce or substituted into the place holder) predetermined cut scene during the game with the dynamic rendering setting being invalidated (see., paragraphs 0006 and 0103, the character string that indicates a place holder and character string that is not a place holder, the examiner broadly and reasonably interprets the character string that is not a place holder as setting being invalidated); measure the load of the rendering process during reproduction of the cut scene (see., paragraph 0131, Fig 11, analysis 400 for monitoring the load processor, the examiner also broadly and reasonably interprets the analysis 400 as a unit for measuring the load); and when the cut scene is reproduced with the dynamic rendering setting being valid, at a time in the cut scene satisfying a predetermined condition, based on transition of the measured load (see., paragraphs 0094, 0105, 0106, Fig 7, the operation data is transmitted repeatedly, once every predetermined time. When the data has been substituted, therefore, it is valid); set a substitute load to be used for the dynamic rendering setting instead of the load of the rendering process being executed at the time, and store data of the substitute load (see., paragraphs 0006, 0031, 0106, and Fig 7, substituted into the place holder a text formal log in in which the character string in which the data has been substituted into the place holder).
As per claim 19
Inaba discloses a game development system (see., Inaba, abstract); when the game apparatus, dynamic rendering for changing rendering setting in accordance with a load of a rendering process during a game is invalidated; and a predetermined cut scene during the game is reproduced through execution of a game program including the dynamic setting (see., paragraphs 0006-0017 and 0103, Fig 6, the game processing unit 811 causes the game apparatus 1 to perform the game being developed, reproduce or substitute, and also paragraphs 0006 and 0103, the character string that indicates a place holder and character string that is not a place holder, the examiner broadly and reasonably interprets the character string that is not a place holder as setting being invalidated); acquire measure the load of the rendering process during reproduction of the cut scene (see., paragraph 0131, Fig 11, analysis 400 for monitoring the load processor, the examiner also broadly and reasonably interprets the analysis 400 as a unit for measuring the load); and when the cut scene is reproduced with the dynamic rendering setting being valid, at a time in the cut scene satisfying a predetermined condition, based on transition of the measured load (see., paragraphs 0094, 0105, 0106, Fig 7, the operation data is transmitted repeatedly, once every predetermined time. When the data has been substituted, therefore, it is valid); set a substitute load to be used for the dynamic rendering setting instead of the load of the rendering process being executed at the time, and store data of the substitute load (see., paragraphs 0006, 0031, 0106, and Fig 7, substituted into the place holder a text formal log in in which the character string in which the data has been substituted into the place holder).
Conclusion
11. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 7:30PM. Hoteler.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
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