DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 – 9 are all within at least one of the four categories of invention, and have been analyzed to determine whether they are directed to any judicial exceptions.
Step 2A, Prong 1
Each of claims 1 – 9 recites at least one step or instruction for viewer gifting a gamer, which is grouped as a mental process and certain methods of organizing human activity under the 2019 PEG. The claimed limitations involve concepts performed in the human mind, namely observation, evaluation and judgement, which are mental processes and managing personal behavior and following rules or instructions, which are methods of organizing human activity under the 2019 PEG. Accordingly, each of Claims 1 – 9 recites an abstract idea.
Independent Claim 1 recites:
A server comprising a circuitry, wherein the circuitry is configured to:
receive, from a first livestreamer terminal over a network, first operation information of a first game provided in a first livestream, the first operation information being generated based on an input by a first livestreamer delivering the first livestream;
receive, from a second livestreamer terminal over the network, second operation information of a second game provided in a second livestream, the second operation information being generated based on an input by a second livestreamer delivering the second livestream;
progress the first game based on the first operation information and progress the second game based on the second operation information;
transmit video data of the first livestream, data of the first game, video data of the second livestream, and data of the second game together to a first viewer terminal of a first viewer of the first livestream and a second viewer terminal of a second viewer of the second livestream over the network;
receive a signal indicating use of a gift by the first viewer from the first viewer terminal over the network; and
perform processing to negatively impact a result of the second game in response to reception of the signal.
Accordingly, as indicated above, each of the above-identified claims recites an abstract
idea. Further, dependent Claims 2 – 7 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1, 8 and 9 (and their respective dependent Claims 2 - 7) is not integrated into a practical application under 2019 PEG because the additional elements (identified above in independent Claims 1, 8 and 9), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use. More specifically, the additional elements of a server, a network, terminals, a display, one or more processors, memory as recited in independent Claims 1, 8 and 9 and its dependent claims are generically recited computer elements which do not improve the functioning of a computer, or any other technology or technical field. Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Furthermore, server and the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer/computing device. For at least these reasons, the abstract idea identified above in independent Claims 1, 8 and 9 (and their respective dependent Claims 2 - 7) are not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application
under 2019 PEG because the claimed system merely implements the above-identified abstract
idea (e.g., mental process) using rules (e.g., computer instructions) executed by a computer (e.g.
a server, a network, terminals, a display, one or more processors, memory as recited in independent claims 1, 8 and 9). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer/computing device.
Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 8 and 9 (and their respective dependent Claims 2 - 7) are not integrated into a practical application under the 2019 PEG.
Step 2B
None of the Claims 1 – 9 include additional elements that are sufficient to amount to
significantly more than the abstract idea for at least the following reasons. These claims require the additional elements of: a server, a network, terminals, a display, one or more processors, memory as recited in the independent claims.
The above-identified additional elements are generically claimed computer components
which enable the above-identified abstract idea(s) to be conducted by performing the basic
functions of automating mental tasks. The courts have recognized such computer functions as
well-understood, routine, and conventional functions when claimed in a merely generic manner
(e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev.
Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015);
and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Like SAP America vs InvestPic, LLC (Fed. Cir. 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
The recitation of the above-identified additional limitations in Claims 1 - 9 amounts to
mere instructions to implement the abstract idea on a computer. Simply using a computer or
other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or
transmit data) or simply adding a general purpose computer or computer components after the
fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does
not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing
technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837
F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft
Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a
technical explanation as to how to implement the invention should be present in the specification
for any assertion that the invention improves upon conventional functioning of a computer, or
upon conventional technology or technological processes. That is, the disclosure must provide
sufficient details such that one of ordinary skill in the art would recognize the claimed invention
as providing an improvement. Here, Applicant’s specification does not include any discussion of
how the claimed invention provides a technical improvement realized by these claims over the
prior art or any explanation of a technical problem having an unconventional technical solution
that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d
1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide
sufficient details regarding the manner in which the claimed invention accomplishes any
technical improvement or solution.
For at least the above reasons, Claims 1 – 9 are directed to applying an abstract idea (e.g., mental process or certain method of organizing human activity) on a general purpose computer without (i) improving the performance of the computer itself (as in McRO, Bascom and Enfish), or (ii) providing a technical solution to a problem in a technical field (as in DDR). In other words, none of Claims 1 – 9 provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements
do not provide significantly more. Specifically, when viewed individually, the above-identified
additional elements in independent Claims 1, 8 and 9 (and their dependent claims) do not add
significantly more because they are simply an attempt to limit the abstract idea to a particular
technological environment. That is, neither the general computer elements nor any other
additional element adds meaningful limitations to the abstract idea because these additional
elements represent insignificant extra-solution activity. When viewed as a combination, these
above-identified additional elements simply instruct the practitioner to implement the claimed
functions with well-understood, routine and conventional activity specified at a high level of
generality in a particular technological environment. As such, there is no inventive concept
sufficient to transform the claimed subject matter into a patent-eligible application. As such, the
above-identified additional elements, when viewed as whole, do not provide meaningful
limitations to transform the abstract idea into a patent eligible application of the abstract idea
such that the claims amount to significantly more than the abstract idea itself. Thus, claims 1 – 9 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a
technical field (as in DDR).
Therefore, none of the claims 1 – 9 amounts to significantly more than the abstract idea
itself.
Accordingly, claims 1- 9 are not patent eligible and rejected under 35 U.S.C. 101 as
being directed to abstract ideas implemented on a generic computer in view of the Supreme
Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. and 2019 PEG.
Closest Applicable Prior Art
The closest applicable prior art, Iwaki (US Pub. No. 2022/0083126), is interpreted as teaching the viewer can cheer, for example, by sending a gift or waving a hand. When the viewer sends a gift, a cheering signal is sent from the cheering indicating unit to the server. A cheering operation is assigned to a button on a controller. When the viewer operates this button, a cheering signal may be sent and the viewer avatar may make a cheering motion (see [0056]).
The closest applicable prior art, Liu et al. (US Patent No 11,943,516), is interpreted as teaching the viewer, running the Consolidated Browser, may then engage with the second server to join the live stream. The second server may interact with the viewer's smart phone running the Consolidated Browser to negotiate interactions and to participate in those functions provided by the Consolidated Browser that are not native to the streaming platform. The Consolidated Browser may also intermediate the interaction of the viewer with the native functionality of the live stream so as to provide the unified user experience discussed above. This may include the rendering of the live stream within the Consolidated Browser and the sending of a tip from the viewer to the streamer, which may be performed though the first server managed by the broadcast platform (see Col. 10, lines 4 – 17).
The closest applicable prior art, Li (US Patent No. 11,823,311), is interpreted as teaching live streaming shopping experience, wherein a purchase of the item can be made by a viewer to be sent to a physical address of that viewer. In some embodiments, the purchase may be a gift purchase of the item by a first viewer to be sent to a physical address of a second viewer upon receiving the second viewer's approval (or acceptance) of the gift.
However, the prior arts does not expressly disclose transmit video data of the first livestream, data of the first game, video data of the second livestream, and data of the second game together to a first viewer terminal of a first viewer of the first livestream and a second viewer terminal of a second viewer of the second livestream over the network; receive a signal indicating use of a gift by the first viewer from the first viewer terminal over the network; and perform processing to negatively impact a result of the second game in response to reception of the signal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed on the attached Notice of References Cited.
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/ANKIT B DOSHI/Examiner, Art Unit 3715