DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is in response to the amendments filed on 3/17/26. Claims 1 – 3 and 10 – 12 have been amended. Claims 1 – 12 are pending in the current application.
35 USC § 101
With respect to 101, the Examiner acknowledges that a practical application has been disclosed in paragraphs 0006 – 0016, regarding operations of a game player that distributes game video to spectators of the game that allows game spectators to directly affect the game being played by the game player by sending in-game inputs to effect the game, which allows spectators to not only watch play of the game, but also be involved in the game by directly affecting game progress. Therefore, the game inputs of spectators recited in the current claims, overcome step 2a by reciting a practical application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wong et al. (U.S. 2003/0038805) in view of Trombetter et al. (U.S. 2019/0262723).
Regarding claims 1 and 10 – 12, Wong discloses an information processing method, medium, and system for a computer of a game user device, (fig. 1, parts 20 and 22), which is configured to receive an input operation from a distribution user and connect to game management circuitry and distribution management circuitry, (“ The game 16 includes a game engine 18 with which one or more participants 20 and 22 can interact with other participants and/or with items that form part of the environment within the game” and fig. 1), the method comprising sending, to the game management circuitry, game operation data that is based on the input operation of the distribution user relating to a game in which a plurality of users participate, acquiring game progress data that is based on the game operation data, (“The participants 20 and 22 are coupled to the game engine 18 through respective communication links 24 and 26. The links 24 and 26 can be direct or indirect connections, such as through one or more proxy servers. Each participant 20, 22 provides instructions to the game engine 18 that indicate a manner in which each respective participant is to interact with the game. Such instructions affect the game”, par. 0029), displaying a screen of the game that is based on the game operation data and the game progress data, (“display device”, par. 0096 and fig. 6), sending, to the distribution management circuitry, display control data for displaying a video of the game on a viewing user device, (“The spectator engine 40 receives information indicative of the occurrence of the game 16, based on which it can generate spectator data 42 that may be provided to the spectators 12 and 14. In particular, one or more distribution systems 44 may employ the spectator data to, in turn, distribute (or broadcast) a corresponding signal to the spectators 12 and 14 based on the spectator data”, par. 0032), wherein an effect of a predetermined condition of the game is reflected in the game based on an instruction sent from the game management circuitry, (“implement spectator effects within the occurrence of the game”, par. 0086), when a specified command included in the game operation data sent from the game user device by any of the users participating in the game, (“For example, the game information 112 and 114 include user interface elements that can be selected by the users 104 and 106 to redirect the users to the location of the associated spectator experiences 120 and 122”, par. 0047), wherein the Examiner views the user interface elements being selected by users as being equivalent the specified command sent from the game user device. Wong further discloses a request sent from a viewing user device cause the predetermined condition to be established, (“The game server 314, for example, can employ such information to implement spectator effects within the occurrence of the game (or games) at the game server. As a result, the participants of the game at the game clients 318 can perceive the presence of the spectator audience”, par. 0086), wherein the Examiner views the implementation of spectators as equivalent to a request sent from a viewing user device that causes the predetermined condition to be established.
Wong, however, is silent on disclosing the predetermined condition being established in a predetermined time. In a related art, however, Trombetter discloses a gaming system, (fig. 1), comprising spectators, (“The subject technology described herein enhances and expands the functionality of server(s) that provide gameplay information to video game spectators and of user devices corresponding to spectators’, par. 0017), wherein Trombetter further discloses a predetermined condition is established in response to the request being received from the viewing user device, (“The trigger event of step 330 may alternately/additionally be based on inputs from spectators”, par. 0044), within a predetermined time from receipt of a specified command from the game user device, (“At step 330, the game server detects a trigger event during the game match of the game. The trigger event may be time-based. For example, the trigger event may hand off control from the current player to a current spectator after a predetermined duration of time has elapsed, such as a predetermined number of minutes”, par. 0042), , (“The trigger event of step 330 may alternately/additionally be based on input from the current player”, par. 0043), wherein the Examiner views the trigger event being equivalent to a predetermined condition, and Trombetter’s further embodiment teaching that the trigger event may be based on inputs from spectators, as being equivalent to the predetermined condition being established in response to the request being received from the viewing user device.
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to combine the trigger events being established within a predetermined time of Trombetter into the art disclosed by Wong in order to enhances and expands the functionality of server(s) that provide gameplay information to video game spectators and of user devices corresponding to spectators by providing an increased level of organization and structure to video game competitions, as disclosed by Trombetter, (par. 0016 and par. 0017).
Regarding claim 2, Wong discloses wherein the method further comprises sending, to the distribution management circuitry, display control data for displaying a video of the game on the viewing user device, and data including image data of an execution screen of the game is sent in the display control data, (“one or more distribution systems 44 may employ the spectator data to, in turn, distribute (or broadcast) a corresponding signal to the spectators”, par. 0032).
Regarding claim 3, Wong discloses wherein the method further comprises sending, to the distribution management circuitry, display control data for displaying a video of the game on the viewing user device, and data including user information and/or tracking data is sent in the display control data, (fig. 5).
Regarding claims 4, 5, Wong discloses wherein, when the predetermined condition is established, a parameter of a user participating in the game is changed advantageously in the game, (“the resulting representation of a spectator experience 120, 122 can be customized, such as based on user preferences and spectator parameters selected by respective spectators”, par. 0046).
Regarding claim 6, Wong discloses wherein, when the predetermined condition is established, a game medium used in the game is acquired by one of the plurality of users, (fig. 6, part 208).
Regarding claim 7, Wong discloses wherein the method further comprises displaying an object on the screen of the game based on the request sent from the viewing user device, (fig. 6).
Regarding claim 8, Wong discloses wherein after the game ends, and in response to the object not being displayed during the game, a reward is displayed on the screen, (“Alternatively, if the game has ended, the methodology proceeds to 514 in which post game features can be implemented. The post game features can include highlights and commentary for the game, spectator interactive functionality, preparations for a subsequent game, etc. The particular post-game features can vary depending on the architecture in which the spectator experience is implemented as well as the particular application of the game being implemented”, par. 0107).
Regarding claim 9, Wong discloses wherein the game is a group battle game among groups to which the plurality of users belong, and the displayed reward is an advantageous change to a parameter related to a first group that is a target of the request, (fig. 4, part 152).
Response to Arguments
Applicant’s arguments with respect to the double patenting rejection of claims 1 – 12 have been fully considered and are persuasive. The double patenting rejection of claims 1 - 12 has been withdrawn.
Applicant’s arguments with respect to the 101 rejection of claims 1 – 12 have been fully considered and are persuasive. The 101 rejection of claims 1 - 12 has been withdrawn.
Applicant’s arguments with respect to the 102 rejection of claims 1 - 12 have been considered but are moot based on new grounds of rejection.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
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/E.M.T/ Examiner, Art Unit 3715
/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715
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