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 1-10 and 12 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-10 and 12 pass step 1 of the test for eligibility.
As per step 2A prong one, the claims are evaluated to determine whether the claims recite a judicial exception. Representative claim 1 recites, with emphasis added:
A data processing apparatus comprising circuitry configured to:
store information indicative of a general difficulty rating associated with each of one or more general gaming characteristics applicable to a plurality of video games;
provide access to the stored information to an application of a first video game to enable a specific difficulty rating associated with a specific gaming characteristic applicable to the first video game to be determined based on each general difficulty rating according to a lookup table specific to the first video game; and
provide access to the stored information to an application of a second video game, to enable a plurality of specific difficulty rating associated with a plurality of specific gaming characteristic applicable to the second video game to be determined based on a single general difficulty rating according to a lookup table specific to the second video game, wherein the lookup table specific to the second video game relates to the single general difficulty rating to the plurality of specific difficulty ratings of gaming characteristics specific to the second video game
wherein one or more game specific difficulty parameters of the second video game are automatically configured based on the specific difficulty rating.
The above underlined portion of representative claim 1 recites a judicial exception because they are mental processes, as all of the steps could be performed entirely with the human mind or with pen and paper as a human (such as a game master in a tabletop role playing game) could write down general difficulty preferences of various players of physical games, and modify the specific physical games based upon these preferences.
Next, as per step 2A prong two, the claims are evaluated to determine whether the claim as a whole integrates the recited judicial exception into a practical application of the exception.
The elements recited above that are not underlined in representative claim 1 comprise the additional elements. As discussed in more detail below, these additional elements do not integrate the recited judicial exception into a practical application of the exception.
A data processing apparatus comprising circuitry as well as the game being a video game is/are not an integration into a practical application as it is mere instructions to implement the abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f))
Providing access to stored information to an application as well as lookup tables specific to the video games is/are extra-solution activity as these extra solution activities are insignificant data gathering and data output (see MPEP 2106.05(g))
Thus, taken alone, the additional elements do not integrate the recited judicial exception into a practical application of the exception. Looking at 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.
Next, as per step 2B, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
A data processing apparatus comprising circuitry as well as the game being a video game does not amount to significantly more as it is mere instructions to implement the abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f))
Providing access to stored information to an application as well as lookup tables specific to the video game is/are extra-solution activity as these extra solution activities are well known data gathering and data output (see MPEP 2106.05(g)), thus they do not amount to significantly more than the abstract idea.
Thus, taken alone, the additional elements do not amount to significantly more than the exception. Looking at 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.
The dependent claims of 2-9, 13-21 are further rejected under 101 for the reasons described above as they simply further define the abstract idea (which makes the abstract idea no less abstract) without adding significantly more or integrating the abstract idea into a practical application.
Thus, taken alone, the additional elements of the dependent claims do not amount to significantly more than the above-identified judicial exception (the abstract idea) and do not integrate the recited judicial exception into a practical application of the exception. Looking at 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.
Further, taken alone, the additional elements of the dependent claims do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at 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 § 102
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 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, 2, 5-8, 10, 12, 13, and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aghdaie (US 20170259177).
In claim 1, Aghdaie discloses
Store information indicative of a general difficulty rating associated with each of one or more general gaming characteristics applicable to a plurality of video games (Paragraph 90-93, 101-104 discloses a user’s engagement characteristics such as being more successful at certain challenges than other users. This user engagement characteristic, and its associated specific cluster as per paragraph 111 would be general difficulty ratings associated with general gaming characteristics applicable to a plurality of video games)
Provide access to the stored information to an application of a first video game to enable a specific difficulty rating associated with a specific gaming characteristic applicable to the first video game to be determined based on each general difficulty rating according to a lookup table specific to the first video game and (paragraphs 107-119 discloses adjusting the difficulty of a video game based on the user engagement characteristics. These are specific difficulty ratings associated with specific gaming characteristics such as “modify the timing of item drops within the video game and/or the type of item drops within the video game” or “modifying the layout of a level within the video game” as per paragraph 115. These configuration values are associated with a specific cluster as per paragraph 111, which would be a lookup table)
Provide access to the stored information to an application of a second video game, to enable a plurality of specific difficulty ratings associated with a plurality of specific gaming characteristics applicable to the second video game to be determined based on a single general difficulty rating according to a lookup table specific to the second video game wherein the lookup table specific to the second video game relates the single general difficulty rating to the plurality of specific difficulty ratings of gaming characteristics specific to the second video game, Wherein one or more game specific difficulty parameters of the second video game are automatically configured based on the plurality of specific difficulty ratings (paragraph 89 discloses that this invention is described as being related to one video game, however it may be implemented on a plurality of video games, thus this limitation is also taught by paragraphs 107-119 as described above, but for a second game as taught by paragraph 89. As described above, the single general difficulty rating is the user characteristics which is then mapped to the user cluster)
In claims 2 and 13, Aghdaie discloses the one or more general gaming characteristics comprise one or more of: an indication of a reaction speed required by a suer in responding to stimuli in a video game, an indication of a complexity of a problem a user must solve in a video game, an indication of a number of simultaneous tasks a user must perform in a video game, an indication of an ability of a competitor in a video game, and an indication of a capacity of an in game character or object controlled by a user to sustain injury or damage (it is noted by examiner that this is a Markush group, and as such, only 1 of these limitations must be taught, in this case, paragraph 40 discloses modifying the health of the enemy character)
In claims 5, 16 and 18, Aghdaie discloses receive gameplay data generated by a user playing the first video game and adjust, using the gameplay data, a specific difficulty rating associated with a specific gaming characteristic applicable to the second video game (paragraphs 90-93, and 101-104. The player’s historical gameplay affects/adjusts the users general difficulty rating, which in turn adjusts the specific difficulty rating. Paragraph 150 discloses using historical data from second video games to affect the user general ratings used for first video games.)
In claims 6, 17 and 19, Aghdaie discloses determine, using the gameplay data, a classification of the user indicative of a gaming ability of the user and adjust the specific difficulty rating associated with the specific gaming characteristic applicable to the second video game using the determined classification (paragraph 53 discloses a clustering system which classifies users together)
In claims 7 and 20, Aghdaie discloses the first and second video game are of the same video game category and the classification of the user is applicable to video games of the same video game category (paragraph 89 discloses the games may be of the same genre)
In claims 8 and 21, Aghdaie discloses the first and second video games are of different respective video game categories and the classification of the user is applicable to video games of the different video game categories (paragraph 89 discloses the plurality of video games may be distributed among a number of genres)
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) 3, 4, 9, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aghdaie.
In claims 3 and 14, Aghdaie discloses the claimed invention except the circuitry is configured to receive an input from a user selecting a general difficulty rating associated with each of the one or more general gaming, however Official notice is taken that manually setting difficulty settings rather than automatically was notoriously well known in the art, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Aghdaie with this well known technique in order to allow for the user to have more control over their profile
In claims 4 and 15, Aghdaie discloses the information indicative of the general difficulty rating associated with each of one or more general gaming characteristics is stored in associating with a gaming profile of the user (the BRI of “user profile” is just information about a user. The “user engagement characteristics” of paragraphs 90-93 and 101-104 teaches the BRI of user profile)
In claim 9, Aghdaie discloses the claimed invention except the circuitry is configured to receive an input from a user activating or deactivating the adjustment of the specific difficulty rating associated with the specific gaming characteristic applicable to the second video game, however Official notice is taken that providing a user with an option to turn off a feature was notoriously well known in the art, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Aghdaie with this well known technique in order to provide the user with more control over adjustments made by their profile, as well as to avoid unwanted adjustments.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that claim 1 overcomes the 101 rejection as it is directed towards a technical implementation, pointing to the instant application’s specification. This is non responsive to Examiner’s rejection, and provides no arguments as to why the limitations found to be abstract are not abstract beyond conclusory statements.
Applicant argues that Aghdaie relies on user interaction data to determine a retention rate or churn rate and determine user cluster basedo n the user interaction data and the level of engagement which are then used to determine configuration values for a set of knobs associated with the video game, or where the configuration values may be seed values, and that Aghdaie does not store a general difficulty rating associated with a general gaming characteristic applicable across a plurality of video games. Examiner disagrees, the user interaction data and the associated user cluster is a general difficulty rating of the user that can be used across a plurality of video games.
Applicant argues that “In Aghdaie, a user is grouped into a cluster based on engagement/churn probability data and preset knob configuration values associated with that behavioral cluster are retrieved directly”. Examiner basically agrees with this assessment. The user engagement/cluster is interpreted as the general difficulty rating, and the preset knob configurations are retrieved directly from the difficulty rating, meaning that it is pulled from a lookup table based on the general difficulty rating
Applicant attempts to contrast Aghdaie with the instant application by providing an example of a “single general difficulty rating” such as “6” for the general trait “competitor ability”, however nothing within the claims require that the single general difficulty rating is provided as an individual number, but further it is noted by examiner that any game having, for example, an “easy” “medium” and “hard” difficulty would perform the exact same functions of modifying specific game characteristics (such as health and/or speed and/or damage of an enemy) in response to the difficulty rating being selected.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 10-6.
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, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715
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