Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 310 (FIG. 3, decision step "Request for UI configurations?") and 522 (FIG. 5, process step "Provide provisioning information based on configuration selection"). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b), are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP Section 608.01(o). Correction of the following is required: Claims 1, 10, and 14 each recite a "game service" (e.g., "selective access by game devices that correspond to users subscribed to a game service" in claim 1; "a game service provided by the remote server" in claim 14), but the term "game service" does not appear anywhere in the specification. The specification describes a portal (202) providing subscription-based access to UI device configurations (¶[00027]-[00029]) and a "service provider of the portal" (¶[00036], [00060]), but no entity is identified as a "game service." Applicant should amend the claims to use terminology consistent with the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1–20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention.
Each of independent claims 1, 10, and 14 recites, in the final wherein clause, that "the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof." The term "the message" in the second alternative ("adding a graphical indicator to the message") lacks proper antecedent basis.
The term "a message" is introduced for the first time in the first alternative ("lowering a volume of a message"). The subsequent reference to "the message" in the second alternative relies on that introduction. However, because the three alternatives are presented disjunctively ("A, B, or a combination thereof"), the broadest reasonable interpretation of each claim encompasses a construction in which only the second alternative is operative. Under that construction, no prior recitation of "a message" exists anywhere in claims 1, 10, or 14, leaving "the message" without antecedent basis. A person having ordinary skill in the art cannot determine with reasonable certainty the metes and bounds of the claimed subject matter when an element referred to by a definite article has no prior introduction. See MPEP Sec. 2173.05(e).
For purposes of examination, "the message" is interpreted under BRI to refer to any message associated with a UI device configuration macro or action that is audibly or visually presented during game operation
Because this defect exists in each of the three independent claims (claims 1, 10, and 14), all dependent claims (claims 2-9, 11-13, and 15-20) are likewise indefinite by incorporation. Appropriate correction is required.
Independent claims 10 and 14 each contain a wherein clause describing the target UI device configuration as having been provided "for selective access by game devices that correspond to users subscribed to a game service," followed by a wherein clause reciting that "the selective access includes access to adjusted versions of the target UI device configuration." The definite reference "the selective access" lacks proper antecedent basis because "selective access" was introduced only as a prepositional phrase in a descriptive clause ("for selective access by game devices"), not as a named element introduced with an indefinite article. See MPEP Sec. 2173.05(e).
For purposes of examination, "the selective access" is interpreted under BRI to refer to the access-control mechanism described in the immediately preceding wherein clause.
Claims 3, 12, and 16 each recite a disjunctive wherein clause that introduces "a gamer associated with the game device" in the first alternative and then uses "the gamer" in the second and/or third alternatives. Specifically, Claim 3 recites, "an age of a gamer associated with the game device, a relationship of the gamer to at least one other gamer, or a combination thereof". Claims 12 and 16 recites, "a location of a gamer associated with the game device, an age of the gamer, a relationship of the gamer to at least one other gamer, or a combination thereof". Because the alternatives are disjunctive, each may independently be operative under BRI. Under a construction in which only the second or third alternative is relied upon, no prior recitation of "a gamer" exists to serve as antecedent for "the gamer." See MPEP Sec. 2173.05(e).
For purposes of examination, "the gamer" is interpreted under BRI to refer to the user associated with the game device.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-6, 8, 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. No. 7,836,192 to Johnson et al. (hereinafter Johnson) in view of Collins (hereinafter Collins).
Per claim 1, Johnson discloses A game device (Johnson: FIG. 1, FIG. 2 and col. 3, ln 38-49… Johnson describes a multimedia game console that plays games and other media, which is a game device under BRI, "As depicted in FIG. 1, console 102 ... USB host controller 230 ... serves as host for peripheral controllers 104(1)-104(4)"), comprising: a processing system including a processor (Johnson: FIG. 2 and col. 4, ln 37-48…the console's central processing unit is the claimed processing system/processor, "Console 102 has a central processing unit (CPU) 200, and a memory controller 202 that facilitates processor access to various types of memory");
a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations (Johnson: FIG. 2 and col. 6, ln 1-11…the console includes RAM accessed via the memory controller that stores the application/instructions executed by CPU 200, "various portions of application 260 are loaded into RAM 206 ... for execution on CPU 200. Application 260 is described below in more detail"), the operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration (Johnson: FIG. 6 and col. 2, ln 3-12…the console issues a request and obtains, in response, a per-session console security configuration (the provisioning information) defining the target user-interface configuration, "identifying a request for a per-session console security configuration received from a console. This request can include a user identifier and a console identifier. Another function can include matching the user identifier with a user account record in the database in response to identifying the request"; FIG. 4 and col. 8, ln 28-40…" The security privilege indicators can be based on one or more security entries 435 from console 35 service database 430, or from other information and selections stored in memory on console 100N. In other implementations, security profile 460 can be used to provide a security configuration for console 100N "), wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service (Johnson: col. 6, ln 25-38…access to the security/parental configuration options is gated to members of the console service, "it should be emphasized that only users with specific consoles and/or console service memberships are able to benefit from some of the parental control options provided by the exemplary computing system and/or computer server shown in FIG. 3, since only such users are permitted to connect with the computing system and/or computer server offering the parental control management functions"), and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device (Johnson: FIG. 2 and col. 11, ln 11-27…the security configuration is a set of settings applied to the console and its connected peripheral controllers, "management of user-specific security settings can be enabled for the first security profile. In another embodiment of this implementation, the security controls dialog screen can provide a selection of user-specific security setting controls for offline media console use. The settings can include controls for configuring permission to access media based on a media rating, for configuring an online service account, for configuring access to an online service, and for configuring access to legacy games"; col. 5, ln 25-33…peripheral devices connectable to game console via USB, "USB host controller 230 ... serves as host for peripheral controllers 104(1)-104(4)")); and
provisioning the game device based on the provisioning information (Johnson: FIG. 4 and col. 8, ln 41-57…the console is configured (provisioned) in accordance with the received security profile, "any console of the above-described variety can be configured for on-line and off-line use, such that a user of an off-line console can access local parental controls, and user specific settings stored in memory on the console, for example in a user history file. Furthermore, in an on-line mode, such a console can be configured to request, automatically (or based on a user action), various forms of information from console service 410, including security profile information such as a security privileges ticket. Additionally, console service 410 can be configured to provide security setting related information to the console, periodically or as discrete events, based on various data provided from the console. Console service 410 can also be configured to provide various user dialog screens for enabling a user (with sufficient rights) 55 to interact with the console service to facilitate different functions…"),
wherein the selective access includes access to adjusted versions of the target UI device configuration (Johnson: FIGS. 11-12 and col. 16, ln 15-26…the console accesses content-rating-adjusted versions of the configuration that limit what is presented, "An information window 1246 provides information about the current user setting and the current highlighted selection for a rating level. As illustrated in the Figure, user access to content such as games and music can be controlled based on a content rating. A content rating selection can apply to all users of a console, or can just apply to a specific user, based on the configuration of the media console"),
Johnson does not expressly disclose, but Collins does teach: and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof (Collins: Abstract and FIGS. 3-4…Collins converts an in-game audio cue/message into an on-screen visual symbol, i.e., it adds a graphical indicator to the message, "obtain sound information from a multimedia content; generate an icon based on the sound information obtained; generate a directional indicator based on the sound information; and then display the icon and the directional indicator on a display screen"; col. 5, ln 1-18…"Each sound element and its attributes can then be related to/mapped to one or more dynamic display elements or visual icons (symbols) and its/their display properties. The use of a symbolic syntax or symbolic language is
intended to remove the limitations of text-based or complex video descriptions. The dynamic display properties of an icon are intended to allow the icon to convey more complex audio information").
Johnson and Collins are analogous art because they are from the same field of endeavor, namely, the configuration and presentation of audio-visual content on game/multimedia consoles, and are reasonably pertinent to the same problem of adapting how content and messages are presented to a user according to the user's circumstances and environment.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate Collins's generation and display of a graphical indicator representing an audio message into Johnson's configurable media console, so that a message of the console's user-interface configuration is presented, in an adjusted version, as an on-screen graphical indicator. This uses a known technique (Collins's audio-to-visual indicator, Collins Abstract) to improve a known device ready for improvement (Johnson's configurable console, Johnson FIG. 4) to yield the predictable result of an environment-appropriate presentation of the message (KSR rationale (C)/(D)).
The suggestion is provided by Collins itself, which teaches that representing sound as an on-screen visual indicator is desirable for "loud environments or devices to accommodate hearing impairment" (Collins: col. 12, ln 30-34).
Per claim 2, Johnson combined with Collins discloses claim 1, Johnson further disclosing wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof (Johnson: col. 13, ln 7-22…a configuration setting establishes a time-based restriction on console use, "the console control configuration setting can be one or more of an indicator that enables a personal information shield, an indicator that sets a permission level for online purchases, and an indicator that sets a time limit for media console use").
Per claim 3, Johnson combined with Collins discloses claim 2, Johnson further disclosing wherein the target UI device configuration is further based on an age of a gamer associated with the game device, a relationship of the gamer to at least one other gamer, or a combination thereof (Johnson: col. 12, ln 9-18…default security indicators of the configuration are selected as a function of the user's age, "the first security profile can include one or more predetermined default security indicators which can be automatically selected based on a user age indicator that is associated with the first user identifier").
Per claim 4, Johnson combined with Collins discloses claim 1, Johnson further disclosing wherein the operations further comprise presenting a plurality of UI device configurations that includes the target UI device configuration, and receiving a user selection of the target UI device configuration (Johnson: FIGS. 7, 11 and col. 14, ln 14-37…the console presents dialog screens listing plural selectable configuration/parental-control options and receives the supervisor's selection, "main dialog screen 700 includes options for 'Console Settings' 710, a 'Parental Controls' option 720"; "menu selections 'PURCHASE CONTENT' 1120, 'USER CONTENT' 1130, and 'CONTENT RATING' 1140").
Per claim 5, Johnson combined with Collins discloses claim 4, Johnson further disclosing wherein the presenting the plurality of UI device configurations comprises presenting them on a graphical user interface (GUI), and wherein the receiving the user selection comprises receiving the user selection via the GUI (Johnson: FIGS. 7-12 and col. 14, ln 14-18…the options are presented on, and selected through, on-screen dialog/GUI screens, "The main dialog screen illustrates menu options from which a user can select using a user input device at a console or other computing device").
Per claim 6, Johnson combined with Collins discloses claim 1, Johnson further disclosing wherein a presentation of a video game is altered based on the provisioning the game device (Johnson: FIG. 12 and col. 16, ln 22-24 provisioning the console with the content-rating configuration alters what game content is presented, "user access to content such as games and music can be controlled based on a content rating").
Per claim 8, Johnson combined with Collins discloses claim 1, Johnson further disclosing wherein the provisioning information enables the target UI device configuration to be implemented (Johnson: FIG. 4 and col. 8, ln 36-40…the received security profile provides, and thereby enables implementation of, the console's security configuration, "security profile 460 can be used to provide a security configuration for console 100N").
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Collins, and further in view of US Pat. No. 6,722,984 to Sweeney et al. (hereinafter Sweeney).
Per claim 7, Johnson combined with Collins discloses claim 1. Johnson combined with Collins does not expressly disclose, but Sweeney does teach, wherein the peripheral device is programmed to receive the provisioning information (Sweeney: Abstract and col. 9, ln 11-18…Sweeney's hand-held controller (the peripheral device) is programmed with parental-control instructions for receiving/accepting a parental-control parameter (the provisioning information) provided to it, "parental control programming comprising instructions for accepting a parental control parameter and for preventing the controller from responding to activation of a console command button as a function of the parental control parameter").
Per claim 9, Johnson combined with Collins discloses claim 8. Johnson combined with Collins does not expressly disclose, but Sweeney does teach, wherein the peripheral device is connected to the game device, and wherein the peripheral device receives the provisioning information to enable implementing of the target UI device configuration (Sweeney: Abstract and col. 9, ln 11-18…Sweeney's hand-held controller is connected to the video game console and receives the parental-control parameter and acts on it to enforce the configuration, "preventing the transmission of commands to the video game console in response to activation of a console command button as a function of a parental control parameter that is provided to the hand-held controller").
As it pertains to claims 7 and 9, Johnson, Collins and Sweeney are analogous art because they are each from the same field of endeavor - parental control and configuration of game/console systems.
Before the effective filing date of the claimed invention, it would have been obvious to a PHOSITA to program Johnson's peripheral controllers to receive the console's security configuration as taught by Sweeney, in order to enforce the parental-control configuration at the peripheral itself. This applies a known technique (Sweeney's controller-level parental-control parameter) to a known device ready for improvement (Johnson's configurable console and its USB-hosted peripheral controllers, Johnson FIG. 2 and col. 5, ln 25-33) to yield the predictable result of peripheral-level enforcement of the provisioning information (KSR rationale (C)).
The motivation is found in Sweeney, which teaches providing the parental-control parameter to the hand-held controller so the controller itself enforces the restriction (Sweeney: Abstract).
Per claim 10, Johnson discloses A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations (Johnson: FIG. 2 and col. 6, ln 1-11… …the console RAM storing application 260 executed by CPU 200 is a non-transitory machine-readable medium with instructions, "various portions of application 260 are loaded into RAM 206 ... for execution on CPU 200"), the operations comprising:
transmitting a request for a target UI device configuration (Johnson: FIG. 6 and col. 2, ln 3-12…the console transmits a request for its per-session security configuration, "identifying a request for a per-session console security configuration received from a console. This request can include a user identifier and a console identifier");
receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service (Johnson: FIG. 4 and col. 8, ln 28-40…the security configuration is set up at/through the console service and stored as a security profile thereafter retrieved by, and selectively accessible to, consoles of console-service members, "The security privilege indicators can be based on one or more security entries 435 from console 35 service database 430, or from other information and selections stored in memory on console 100N. In other implementations, security profile 460 can be used to provide a security configuration for console 100N"; "only users with specific consoles and/or console service memberships are able to benefit from some of the parental control options"; col. 6, ln 25-38…access to the security/parental configuration options is gated to members of the console service, "it should be emphasized that only users with specific consoles and/or console service memberships are able to benefit from some of the parental control options provided by the exemplary computing system and/or computer server shown in FIG. 3, since only such users are permitted to connect with the computing system and/or computer server offering the parental control management functions");
provisioning the game device based on the provisioning information (Johnson: FIG. 4 and col. 8, ln 41-57…the console is configured (provisioned) in accordance with the received security profile, "any console of the above-described variety can be configured for on-line and off-line use, such that a user of an off-line console can access local parental controls, and user specific settings stored in memory on the console, for example in a user history file. Furthermore, in an on-line mode, such a console can be configured to request, automatically (or based on a user action), various forms of information from console service 410, including security profile information such as a security privileges ticket. Additionally, console service 410 can be configured to provide security setting related information to the console, periodically or as discrete events, based on various data provided from the console. Console service 410 can also be configured to provide various user dialog screens for enabling a user (with sufficient rights) 55 to interact with the console service to facilitate different functions…"),
wherein the selective access includes access to adjusted versions of the target UI device configuration (Johnson: FIGS. 11-12 and col. 16, ln 15-26…the console accesses content-rating-adjusted versions of the configuration that limit what is presented, "An information window 1246 provides information about the current user setting and the current highlighted selection for a rating level. As illustrated in the Figure, user access to content such as games and music can be controlled based on a content rating. A content rating selection can apply to all users of a console, or can just apply to a specific user, based on the configuration of the media console").
Johnson does not expressly disclose, but Collins does teach: and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof (Collins: Abstract and FIGS. 3-4…Collins converts an in-game audio cue/message into an on-screen visual symbol, i.e., it adds a graphical indicator to the message, "obtain sound information from a multimedia content; generate an icon based on the sound information obtained; generate a directional indicator based on the sound information; and then display the icon and the directional indicator on a display screen"; col. 5, ln 1-18…"Each sound element and its attributes can then be related to/mapped to one or more dynamic display elements or visual icons (symbols) and its/their display properties. The use of a symbolic syntax or symbolic language is intended to remove the limitations of text-based or complex video descriptions. The dynamic display properties of an icon are intended to allow the icon to convey more complex audio information").
The analogous-art, motivation, and KSR findings are the same as set forth for claim 1.
Claims 11, 12 and 13 are substantially similar in scope and spirit to claims 2, 3 and 6, respectively. Therefore, the rejections of claims 2, 3 and 6 are applied accordingly.
Per claim 14, Johnson discloses A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration (FIG. 6 and col. 2, ln 3-12…the console (a game device with CPU 200) sends a request to the remote console service server, "identifying a request for a per-session console security configuration received from a console. This request can include a user identifier and a console identifier. Another function can include matching the user identifier with a user account record in the database in response to identifying the request");
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server (Johnson: FIG. 4 and col. 8, ln 41-57…the security configuration is provided to/maintained at the console service and is selectively accessible to consoles of service members, "various forms of information from console service 410"; col. 6, ln 25-38…access to the security/parental configuration options is gated to members of the console service, "it should be emphasized that only users with specific consoles and/or console service memberships are able to benefit from some of the parental control options provided by the exemplary computing system and/or computer server shown in FIG. 3, since only such users are permitted to connect with the computing system and/or computer server offering the parental control management functions"),
and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device (Johnson: FIG. 2 and col. 11, ln 11-27…the security configuration is a set of settings applied to the console and its connected peripheral controllers, "management of user-specific security settings can be enabled for the first security profile. In another embodiment of this implementation, the security controls dialog screen can provide a selection of user-specific security setting controls for offline media console use. The settings can include controls for configuring permission to access media based on a media rating, for configuring an online service account, for configuring access to an online service, and for configuring access to legacy games"); col. 5, ln 25-33…peripheral devices connectable to game console via USB, "USB host controller 230 ... serves as host for peripheral controllers 104(1)-104(4)"); and
provisioning, by the processing system, the game device based on the provisioning information (Johnson: FIG. 4 and col. 8, ln 41-57…the console is configured (provisioned) in accordance with the received security profile, "any console of the above-described variety can be configured for on-line and off-line use, such that a user of an off-line console can access local parental controls, and user specific settings stored in memory on the console, for example in a user history file. Furthermore, in an on-line mode, such a console can be configured to request, automatically (or based on a user action), various forms of information from console service 410, including security profile information such as a security privileges ticket. Additionally, console service 410 can be configured to provide security setting related information to the console, periodically or as discrete events, based on various data provided from the console. Console service 410 can also be configured to provide various user dialog screens for enabling a user (with sufficient rights) 55 to interact with the console service to facilitate different functions…"),
wherein the selective access includes access to adjusted versions of the target UI device configuration (Johnson: FIGS. 11-12 and col. 16, ln 15-26…the console accesses content-rating-adjusted versions of the configuration that limit what is presented, "An information window 1246 provides information about the current user setting and the current highlighted selection for a rating level. As illustrated in the Figure, user access to content such as games and music can be controlled based on a content rating. A content rating selection can apply to all users of a console, or can just apply to a specific user, based on the configuration of the media console"),
Johnson does not expressly disclose, but Collins does teach: and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof (Collins: Abstract and FIGS. 3-4…Collins converts an in-game audio cue/message into an on-screen visual symbol, i.e., it adds a graphical indicator to the message, "obtain sound information from a multimedia content; generate an icon based on the sound information obtained; generate a directional indicator based on the sound information; and then display the icon and the directional indicator on a display screen"; col. 5, ln 1-18…"Each sound element and its attributes can then be related to/mapped to one or more dynamic display elements or visual icons (symbols) and its/their display properties. The use of a symbolic syntax or symbolic language is
intended to remove the limitations of text-based or complex video descriptions. The dynamic display properties of an icon are intended to allow the icon to convey more complex audio information").
The analogous-art, motivation, and KSR findings are the same as set forth for claim 1.
Claims 15, 16 and 17 are substantially similar in scope and spirit to claims 2, 3 and 6, respectively. Therefore, the rejections of claims 2, 3 and 6 are applied accordingly.
Per claim 18, Johnson combined with Collins discloses claim 14, Johnson further disclosing wherein an adjusted version included in the adjusted versions is based on a parental control that seeks to reduce violent content (Johnson: FIG. 12 and col. 1, ln 31-36…Johnson's parental controls restrict mature/violent game content by rating, "the mature content of many games designed for adults or more mature audiences"; col. 16, ln 22-26…"user access to content such as games and music can be controlled based on a content rating").
Per claim 19, Johnson combined with Collins discloses claim 18, Johnson further disclosing wherein the adjusted version includes an amount of violent content that is based on an age of a gamer (Johnson: col. 12, ln 9-12 the content-rating restriction applied is keyed to the user's age, "automatically selected based on a user age indicator that is associated with the first user identifier").
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Collins and further in view of US Pat. Pub. No. 2007/0245321 to Cosgrove et al. (hereinafter Cosgrove).
Johnson combined with Collins discloses claim 14.
Johnson combined with Collins does not expressly disclose, but Cosgrove does teach: wherein an adjusted version included in the adjusted versions is generated based on changing a language of text and scenery in accordance with a location of a gamer associated with the game device (Cosgrove: ¶[0003], [0010]-[0011]…Cosgrove generates region-specific (localised) versions of a computer game in which the text language is changed and the accompanying images/scenery are adapted to the target locale, "in the event that the software is to be sold in foreign language countries the spoken and written text is translated into the desired language.
This is a process that is referred to as localization…In addition to text, localised elements may also include sounds, images and other game resources").
Johnson, Collins and Cosgrove are analogous art because they are each from the same field of endeavor - the adaptation and presentation of computer/console game content to users; Cosgrove is additionally pertinent to the particular problem of generating location-/region-appropriate versions of game content.
Before the effective filing date of the claimed invention, it would have been obvious to a PHOSITA to generate, among Johnson's adjusted versions of the configuration, a version in which the text language and scenery are changed according to the gamer's locale by applying Cosgrove's game-localisation technique. This applies a known technique (Cosgrove's language/scenery localization, ¶[0010]-[0011]) to a known system ready for improvement (Johnson's configuration provisioning) to yield the predictable result of a location-appropriate game presentation (KSR rationale (C)/(D)).
The motivation is found in Cosgrove, which teaches that translating game text and adapting game images for a target locale is a recognized need so the game suits "the desired language" of a region (Cosgrove: ¶[0010]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,907,505. Although the claims at issue are not identical, they are not patentably distinct from each other because each instant claim recites the same game device, non-transitory machine-readable medium, and method for obtaining provisioning information associated with a target UI device configuration that is previously provided from a first game device for selective access by game devices corresponding to users subscribed to a game service, and for provisioning the game device, as the correspondingly numbered patented claims, the instant claims differing only in that the adjusted versions of the target UI device configuration are recited as being based on lowering a volume of a message and/or adding a graphical indicator to the message, rather than on lighting conditions in environments surrounding the game devices. Selecting one art-recognized basis for the adjusted versions of the same claimed target UI device configuration in place of another is an obvious variation that yields no patentable distinction, and the instant dependent claims recite limitations that are taught by the correspondingly mapped patented claims. The instant claims are therefore an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 11,907,505 Claim 1
Instant Application Claims
U.S. Pat. No. 11,907,505 Claims
A game device comprising: a processing system including a processor;
A game device comprising: a processing system including a processor;
a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
providing, to a remote server, a request for a target UI device configuration; obtaining, based on the request, provisioning information from the remote server, wherein the provisioning information is associated with the target UI device configuration,
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service,
wherein the target UI device configuration is previously provided, from a first game device to the remote server, for selective access by game devices that correspond to users subscribed to a game service facilitated by the remote server,
and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
provisioning the game device based on the provisioning information,
provisioning the game device based on the provisioning information,
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lighting conditions in environments surrounding the game devices.
Instant Claim 2 ↔ U.S. Pat. No. 11,907,505 Claim 2
The game device of claim 1, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
The game device of claim 1, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
Instant Claim 3 ↔ U.S. Pat. No. 11,907,505 Claim 3
The game device of claim 2, wherein the target UI device configuration is further based on an age of a gamer associated with the game device, a relationship of the gamer to at least one other gamer, or a combination thereof.
The game device of claim 2, wherein the target UI device configuration is further based on an age of a gamer associated with the game device, a relationship of the gamer to at least one other gamer, or a combination thereof.
Instant Claim 4 ↔ U.S. Pat. No. 11,907,505 Claim 4
The game device of claim 1, wherein the operations further comprise presenting a plurality of UI device configurations that includes the target UI device configuration, and receiving a user selection of the target UI device configuration from the plurality of UI device configurations.
The game device of claim 1, wherein the operations further comprise presenting a plurality of UI device configurations that includes the target UI device configuration, and receiving a user selection of the target UI device configuration from the plurality of UI device configurations.
Instant Claim 5 ↔ U.S. Pat. No. 11,907,505 Claim 5
The game device of claim 4, wherein the presenting the plurality of UI device configurations comprises presenting the plurality of UI device configurations on a graphical user interface (GUI), and wherein the receiving the user selection comprises receiving the user selection via the GUI.
The game device of claim 4, wherein the presenting the plurality of UI device configurations comprises presenting the plurality of UI device configurations on a graphical user interface (GUI), and wherein the receiving the user selection comprises receiving the user selection via the GUI.
Instant Claim 6 ↔ U.S. Pat. No. 11,907,505 Claim 6
The game device of claim 1, wherein a presentation of a video game is altered based on the provisioning the game device.
The game device of claim 1, wherein a presentation of a video game is altered based on the provisioning the game device.
Instant Claim 7 ↔ U.S. Pat. No. 11,907,505 Claim 7
The game device of claim 1, wherein the peripheral device is programmed to receive the provisioning information.
The game device of claim 1, wherein the peripheral device is programmed to receive the provisioning information.
Instant Claim 8 ↔ U.S. Pat. No. 11,907,505 Claim 8
The game device of claim 1, wherein the provisioning information enables the target UI device configuration to be implemented.
The game device of claim 1, wherein the provisioning information enables the target UI device configuration to be implemented.
Instant Claim 9 ↔ U.S. Pat. No. 11,907,505 Claim 9
The game device of claim 8, wherein the peripheral device is connected to the game device, and wherein the peripheral device receives the provisioning information to enable implementing of the target UI device configuration.
The game device of claim 8, wherein the peripheral device is connected to the game device, and wherein the peripheral device receives the provisioning information to enable implementing of the target UI device configuration.
Instant Claim 10 ↔ U.S. Pat. No. 11,907,505 Claim 10
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
transmitting a request for a target UI device configuration;
transmitting, to a game server, a request for a target UI device configuration;
receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
receiving, based on the request, provisioning information from the game server, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device to the game server, for selective access by game devices that correspond to users subscribed to a game service facilitated by the game server, and wherein the target UI device configuration comprises settings for a peripheral device connectable to the game device; and
provisioning the game device based on the provisioning information,
provisioning the game device based on the provisioning information,
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lighting conditions in environments surrounding the game devices.
Instant Claim 11 ↔ U.S. Pat. No. 11,907,505 Claim 11
The non-transitory machine-readable medium of claim 10, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
The non-transitory machine-readable medium of claim 10, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
Instant Claim 12 ↔ U.S. Pat. No. 11,907,505 Claim 12
The non-transitory machine-readable medium of claim 10, wherein the target UI device configuration is based on a location of a gamer associated with the game device, an age of the gamer, a relationship of the gamer to at least one other gamer, or a combination thereof.
The non-transitory machine-readable medium of claim 10, wherein the target UI device configuration is based on a location of a gamer associated with the game device, an age of the gamer, a relationship of the gamer to at least one other gamer, or a combination thereof.
Instant Claim 13 ↔ U.S. Pat. No. 11,907,505 Claim 13
The non-transitory machine-readable medium of claim 10, wherein a presentation of a video game is altered based on the provisioning the game device.
The non-transitory machine-readable medium of claim 10, wherein a presentation of a video game is altered based on the provisioning the game device.
Instant Claim 14 ↔ U.S. Pat. No. 11,907,505 Claim 14
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server,
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device to the remote server, for selective access by game devices that correspond to users subscribed to a game service provided by the remote server,
and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
provisioning, by the processing system, the game device based on the provisioning information,
provisioning, by the processing system, the game device based on the provisioning information,
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lighting conditions in environments surrounding the game devices.
Instant Claim 15 ↔ U.S. Pat. No. 11,907,505 Claim 15
The method of claim 14, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
The method of claim 14, wherein the target UI device configuration is based on a time of day, a location of the game device, or a combination thereof.
Instant Claim 16 ↔ U.S. Pat. No. 11,907,505 Claim 16
The method of claim 14, wherein the target UI device configuration is based on a location of a gamer associated with the game device, an age of the gamer, a relationship of the gamer to at least one other gamer, or a combination thereof.
The method of claim 14, wherein the target UI device configuration is based on a location of a gamer associated with the game device, an age of the gamer, a relationship of the gamer to at least one other gamer, or a combination thereof.
Instant Claim 17 ↔ U.S. Pat. No. 11,907,505 Claim 18
The method of claim 14, wherein a presentation of a video game is altered based on the provisioning the game device.
The method of claim 14, wherein a presentation of a video game is altered based on the provisioning the game device.
Instant Claim 18 ↔ U.S. Pat. No. 11,907,505 Claim 19
The method of claim 14, wherein an adjusted version included in the adjusted versions is based on a parental control that seeks to reduce violent content.
The method of claim 14, wherein an adjusted version included in the adjusted versions is based on a parental control that seeks to reduce violent content.
Instant Claim 19 ↔ U.S. Pat. No. 11,907,505 Claim 20
The method of claim 18, wherein the adjusted version includes an amount of violent content that is based on an age of a gamer associated with the game device.
The method of claim 19, wherein the adjusted version includes an amount of violent content that is based on an age of a gamer associated with the game device.
Instant Claim 20 ↔ U.S. Pat. No. 11,907,505 Claim 17
The method of claim 14, wherein an adjusted version included in the adjusted versions is generated based on changing a language of text and scenery in accordance with a location of a gamer associated with the game device.
The method of claim 16, wherein an adjusted version included in the adjusted versions is generated based on changing a language of text and scenery in accordance with the location of the gamer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 10 and 17 of U.S. Patent No. 10,963,134. Although the claims at issue are not identical, they are not patentably distinct from each other because each instant claim recites the same providing/obtaining of provisioning information associated with a target UI device configuration that comprises settings for a game device and is provided for selective access by game devices corresponding to users subscribed to a service, and the same provisioning of the game device and/or peripheral device, as the patented claims; the patented claims further recite (claim 5) that the selective access includes adjusted versions of the UI device configurations. The instant claims differ only in reciting that the adjusted versions are based on lowering a volume of a message and/or adding a graphical indicator to the message, an obvious selection among art-recognized bases for the same adjusted versions, and in reciting the device as a “game device” rather than a “computing device” that is a game device, a distinction without patentable significance. The instant claims are an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 10,963,134 Claim 1
Instant Application Claims
U.S. Pat. No. 10,963,134 Claims
A game device comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
A computing device comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
providing user interface (UI) device configurations to a remote server, wherein the UI device configurations comprise settings for a game device, wherein the UI device configurations are provided for selective access by other game devices, the other game devices corresponding to users subscribed to a service provided by a service provider associated with the remote server, the game device comprising the computing device, a peripheral device connectable to the computing device, or a combination thereof; providing a request for a target UI device configuration to the remote server; receiving provisioning information from the remote server, wherein the provisioning information is associated with the target UI device configuration;
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service, and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
and provisioning at least one of the computing device and the peripheral device based on the provisioning information. (Claim 5: wherein the selective access includes access to adjusted versions of the UI device configurations, and wherein the adjusted versions are based on lighting conditions in environments surrounding the other computing devices.)
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
Instant Claim 10 ↔ U.S. Pat. No. 10,963,134 Claim 17
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A non-transitory machine-readable storage medium comprising executable instructions that, when executed by a processing system including a processor of a computing device, facilitate performance of operations comprising:
transmitting a request for a target UI device configuration; receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
providing user interface (UI) device configurations to a server, wherein the UI device configurations comprise settings for a game device, wherein the UI device configurations are provided for access by other game devices corresponding to users subscribed to a service provided by a provider of the server; providing a request for a target UI device configuration to the server; receiving, from the server, provisioning information associated with the target UI device configuration;
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and provisioning at least one of the computing device and the peripheral device based on the provisioning information.
Instant Claim 14 ↔ U.S. Pat. No. 10,963,134 Claim 1
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A computing device comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations comprising:
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server, and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
providing user interface (UI) device configurations to a remote server, wherein the UI device configurations comprise settings for a game device, wherein the UI device configurations are provided for selective access by other game devices, the other game devices corresponding to users subscribed to a service provided by a service provider associated with the remote server, the game device comprising the computing device, a peripheral device connectable to the computing device, or a combination thereof; providing a request for a target UI device configuration to the remote server; receiving provisioning information from the remote server, wherein the provisioning information is associated with the target UI device configuration;
provisioning, by the processing system, the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and provisioning at least one of the computing device and the peripheral device based on the provisioning information. (Claim 5: wherein the selective access includes access to adjusted versions of the UI device configurations, and wherein the adjusted versions are based on lighting conditions in environments surrounding the other computing devices.)
Claims 2-9, 11-13 and 15-20 of the instant application correspond to claims 1, 3-10 and 13-20 of the Patent, respectively, in the same manner as above. Therefore, the non-statutory double patenting rejection is applied in the same manner.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6, 9, 12 and 19 of U.S. Patent No. 9,940,000. Although the claims at issue are not identical, they are not patentably distinct from each other because each instant claim recites the same request/obtaining of provisioning (configuration) information associated with a target UI device configuration selected for the game device based on criteria, and the same provisioning of the game device and/or its peripheral device, as the patented claims, which further recite generating adjusted (second) versions of UI device configurations based on version criteria including age-based content ratings (claims 6, 9) and adjusting presentation of a video game (claim 2). The instant claims differ only in reciting the adjusted versions as based on lowering a volume of a message and/or adding a graphical indicator to the message and in framing the device as a game device subscribed to a game service — obvious variations that select among art-recognized bases and nomenclature for the same claimed subject matter. The instant claims are an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 9,940,000 Claim 1
Instant Application Claims
U.S. Pat. No. 9,940,000 Claims
A game device comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
A system comprising: a memory storing computer instructions; a network interface; and a controller circuit coupled with the memory and the network interface, wherein the controller circuit, responsive to executing the computer instructions, performs operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
receiving, via the network interface over a network, a configuration request; obtaining configuration criteria according to a location of a first computing device coupled to a peripheral device; selecting a User Interface (UI) device configuration based on the configuration criteria;
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service, and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
and providing, via the network interface over the network, configuration data associated with the selected UI device configuration to enable provisioning the peripheral device. (Claim 6: modifying a first UI device configuration to generate a second UI device configuration; claim 9: version criteria comprises age-based content ratings.)
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
Instant Claim 10 ↔ U.S. Pat. No. 9,940,000 Claim 19
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A computer-readable storage device comprising computer instructions which, responsive to being executed by a controller circuit of a server, cause the controller circuit to perform operations comprising:
transmitting a request for a target UI device configuration; receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
receiving, over a network, a configuration request; determining a location for a computing device; obtaining configuration criteria according to the location; selecting a UI device configuration based on the configuration criteria;
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and providing, over the network, configuration data associated with the selected UI device configuration to the computing device to enable presentation of a GUI that identifies the selected UI device configuration and to enable provisioning of a peripheral device separate from and communicatively coupled with the computing device.
Instant Claim 14 ↔ U.S. Pat. No. 9,940,000 Claim 12
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A method comprising: providing, by a controller circuit, a configuration request over a network to a server, wherein configuration criteria associated with the configuration request is provided over the network to the server;
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server, and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
and receiving, by the controller circuit, configuration data associated with a target UI device configuration from the server, wherein the target UI device configuration is selected by the server from among a plurality of UI device configurations based on the configuration criteria and based on a location of the controller circuit,
provisioning, by the processing system, the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and wherein the configuration data enables a peripheral device to be provisioned, the peripheral device being communicatively coupled to the controller circuit.
Claims 2-9, 11-13 and 15-20 of the instant application correspond to claims 1-16 and 18-20 of the Patent, respectively, in the same manner as above. Therefore, the non-statutory double patenting rejection is applied in the same manner.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6, 9, 12 and 19 of U.S. Patent No. 9,037,969. Although the claims at issue are not identical, they are not patentably distinct from each other because each instant claim recites the same request/obtaining of provisioning (configuration) information associated with a target UI device configuration selected for the game device based on criteria, and the same provisioning of the game device and/or its peripheral device, as the patented claims, which further recite adjusting the presentation of a video game (claim 2) and generating adjusted (second) UI device configurations based on version criteria including age-based content ratings (claims 6–9). The instant claims differ only in reciting the adjusted versions as based on lowering a volume of a message and/or adding a graphical indicator to the message and in framing the device as a game device subscribed to a game service — obvious variations of the same claimed subject matter. The instant claims are an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 9,037,969 Claim 1
Instant Application Claims
U.S. Pat. No. 9,037,969 Claims
A game device comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
A system comprising: a memory storing computer instructions; a network interface; and a controller circuit coupled with the memory and the network interface, wherein the controller circuit, responsive to executing the computer instructions, performs operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
receiving, via the network interface over a network, a configuration request from a first computing device; determining location information for the first computing device; obtaining configuration criteria according to the location information; selecting at least one User Interface (UI) device configuration based on the configuration criteria;
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service, and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
and providing, via the network interface over the network, configuration data associated with the selected UI device configuration to the first computing device to enable provisioning the first computing device, a first peripheral device coupled with the first computing device, or a combination thereof. (Claim 2: adjust a presentation of a video game; claim 9: version criteria comprises age-based content ratings.)
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
Instant Claim 10 ↔ U.S. Pat. No. 9,037,969 Claim 19
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A computer-readable storage device comprising computer instructions which, responsive to being executed by a controller circuit of a server, cause the controller circuit to perform operations comprising:
transmitting a request for a target UI device configuration; receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
receiving, over a network, a configuration request from a computing device; determining location information for the computing device; obtaining configuration criteria according to the location information; selecting at least one UI device configuration based on the configuration criteria;
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and providing, over the network, configuration data associated with the selected UI device configuration to the computing device to enable presentation of a GUI that identifies the selected UI device configuration and to enable provisioning of the computing device, a peripheral device coupled with the computing device, or a combination thereof.
Instant Claim 14 ↔ U.S. Pat. No. 9,037,969 Claim 12
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A method comprising: providing, by a first computing device comprising a controller circuit, a configuration request over a network to a server, wherein the server is remote from the first computing device;
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server, and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
providing, by the first computing device, configuration criteria associated with the configuration request over the network to the server; and receiving, by the first computing device from the server, configuration data associated with at least one target UI device configuration,
provisioning, by the processing system, the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
wherein the at least one target UI device configuration is selected by the server from among a plurality of UI device configurations based on the configuration criteria and based on location information associated with the first computing device.
Claims 2-9, 11-13 and 15-20 of the instant application correspond to claims 1-16 and 18-20 of the Patent, respectively, in the same manner as above. Therefore, the non-statutory double patenting rejection is applied in the same manner.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 8, 13, 16-17 and 20 of U.S. Patent No. 8,881,008. Although the claims at issue are not identical, they are not patentably distinct from each other because each instant claim recites the same request/obtaining of provisioning (configuration) information associated with a target UI device configuration selected for the game device based on criteria, and the same provisioning of the game device and/or its peripheral device for playing a video game, as the patented claims, which further recite generating adjusted (second) UI device configurations based on version criteria including age-based content ratings (claims 5–8) and altering presentation of a video game (claims 4, 17). The instant claims differ only in reciting the adjusted versions as based on lowering a volume of a message and/or adding a graphical indicator to the message and in framing the device as a game device subscribed to a game service — obvious variations of the same claimed subject matter. The instant claims are an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 8,881,008 Claim 13
Instant Application Claims
U.S. Pat. No. 8,881,008 Claims
A game device comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
A computing device comprising: a memory storing computer instructions; and a controller coupled with the memory, wherein the controller, responsive to executing the computer instructions, performs operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
providing a configuration request to a first server, wherein the first server is remote from the controller; providing configuration criteria associated with the request to the first server; and receiving configuration data associated with at least one target UI device configuration from the first server,
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service, and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
wherein the at least one target UI device configuration is selected from among a plurality of UI device configurations based on the configuration criteria, wherein the configuration criteria is selected according to a location of the computing device. (Claim 16: peripheral device programmed to receive provisioning information; claim 17: presentation of a video game is altered.)
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
Instant Claim 10 ↔ U.S. Pat. No. 8,881,008 Claim 20
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A non-transitory computer-readable storage medium comprising computer instructions which, responsive to being executed by a processor, cause the processor to perform operations comprising:
transmitting a request for a target UI device configuration; receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
receiving a configuration request over a network from a computing device; identifying a location of the computing device; obtaining configuration criteria according to the location; selecting at least one User Interface (UI) device configuration from among a plurality of UI device configurations based on the configuration criteria;
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and providing configuration data associated with the selected UI device configuration that enables provisioning of a peripheral device associated with the computing device for playing of a video game utilizing the computing device.
Instant Claim 14 ↔ U.S. Pat. No. 8,881,008 Claim 1
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A method comprising: receiving, by a system including a server, a configuration request from a first computing device over a network;
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server, and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
identifying, by the system, a location of the first computing device; obtaining, by the system, configuration criteria according to the location; selecting, by the system, at least one User Interface (UI) device configuration from among a plurality of UI device configurations based on the configuration criteria;
provisioning, by the processing system, the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and providing configuration data associated with the selected UI device configuration to the first computing device (claim 3: configured for provisioning the first computing device or a peripheral device; claim 8: version criteria comprises age-based content ratings).
Claims 2-9, 11-13 and 15-20 of the instant application correspond to claims 1-9 and 11-20 of the Patent, respectively, in the same manner as above. Therefore, the non-statutory double patenting rejection is applied in the same manner.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 8, 15, 18, 20 and 27-28 of U.S. Patent No. 8,281,046. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims (from which the instant application claims continuity) recite the same providing of UI device configurations to a remote server based on a gaming environment/time/group, the same request for and receipt of provisioning information associated with a target UI device configuration, and the same provisioning of the computing (game) device and its peripheral device, as the instant claims; the patented claims further recite configuration criteria comprising a parental control (claim 3), version criteria comprising age-based content ratings (claim 8), generating a second (adjusted) UI device configuration (claims 5–6), and altering presentation of a video game (claims 4, 20, 29) — the very subject matter of instant dependent claims 6, 13, 17, 18 and 19. The instant claims differ only in reciting the adjusted versions as based on lowering a volume of a message and/or adding a graphical indicator to the message and in framing the device as a game device subscribed to a game service, which are obvious variations of the same claimed subject matter. The instant claims are an obvious variation of, and not patentably distinct from, the patented claims (MPEP § 804).
Instant Claim 1 ↔ U.S. Pat. No. 8,281,046 Claim 15
Instant Application Claims
U.S. Pat. No. 8,281,046 Claims
A game device comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
A computing device comprising: a memory storing computer instructions; and a controller coupled with the memory, wherein the controller responsive to executing the computer instructions performs operations comprising:
obtaining, based on a request, provisioning information, wherein the provisioning information is associated with a target UI device configuration,
providing to a first server a request for User Interface (UI) device configurations, wherein the first server is remote from the controller; providing to the first server configuration criteria associated with the request; and receiving configuration data associated with target UI device configurations from the first server, wherein the target UI device configurations are selected by the first server from among a plurality of UI device configurations based on the provided configuration criteria;
wherein the target UI device configuration provides selective access by game devices that correspond to users subscribed to a game service, and wherein the target UI device configuration comprises first settings for the game device or a peripheral device connectable to the game device; and
(claim 18) a peripheral device programmed to receive provisioning information from the first server that allows for implementing the selection of the target UI device configuration; (claim 20) a presentation of a video game is altered based on the provisioning information.
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
Instant Claim 10 ↔ U.S. Pat. No. 8,281,046 Claim 27
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system of a game device including a processor, facilitate performance of operations, the operations comprising:
A non-transitory computer-readable storage medium comprising computer instructions which, responsive to being executed by a processor, cause the processor to perform operations comprising:
transmitting a request for a target UI device configuration; receiving, based on the request, provisioning information, wherein the provisioning information is associated with the target UI device configuration, wherein the target UI device configuration is previously provided, from a first game device, for selective access by game devices that correspond to users subscribed to a game service; and
receiving a request from a computing device for User Interface (UI) device configurations at a server remote from the computing device; selecting a group of UI device configurations from among a plurality based on parameters associated with the computing device; determining if the computing device has a peripheral device operably connected thereto; selecting a UI device configuration accordingly;
provisioning the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and providing configuration data associated with one of the selected UI device configurations to the computing device.
Instant Claim 14 ↔ U.S. Pat. No. 8,281,046 Claim 28
A method, comprising: sending, by a processing system of a game device including a processor, to a remote server, a request for a target UI device configuration;
A method comprising: providing User Interface (UI) device configurations from a computing device to a remote server, wherein the UI device configurations are based on at least one of a gaming environment, a gaming time, and a gaming group;
obtaining, by the processing system and based on the request, provisioning information from the remote server, wherein the provisioning information relates to the target UI device configuration, wherein the target UI device configuration is provided to the remote server to facilitate selective access by game devices that correspond to users subscribed to a game service provided by the remote server, and wherein the target UI device configuration comprises first settings for the game device and a peripheral device connectable to the game device; and
providing a request for a target UI device configuration from the computing device to the remote server; receiving at the computing device provisioning information from the remote server, wherein the provisioning information is associated with the target UI device configuration;
provisioning, by the processing system, the game device based on the provisioning information, wherein the selective access includes access to adjusted versions of the target UI device configuration, and wherein the adjusted versions of the target UI device configuration are based on lowering a volume of a message, adding a graphical indicator to the message, or a combination thereof.
and provisioning at least one of the computing device and a peripheral device based on the provisioning information, wherein the peripheral device is operably coupled with the computing device (claim 3: configuration criteria comprise a parental control; claim 8: version criteria comprises age-based content ratings).
Claims 2-9, 11-13 and 15-20 of the instant application correspond to claims 1, 3-9, 15-21 and 28-30 of the Patent, respectively, in the same manner as above. Therefore, the non-statutory double patenting rejection is applied in the same manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN CHEN whose telephone number is (571)272-4143. The examiner can normally be reached M-F 10-7.
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/ALAN CHEN/Primary Examiner, Art Unit 2125
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