Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 51 and 69 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.
Claim 51 recites the limitation "background information element" in the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 50 from which it depends only claims background information element in the alternative and does not provide a positively claimed antecedent basis.
Claim 69 recites the limitation "background information element" in the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 68 from which it depends only claims background information element in the alternative and does not provide a positively claimed antecedent basis.
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 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.
Claims 32-48, 50-66 and 68-69 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Diez (US 2006/0080702 A1) further in view of Hays (US 2008/0102947 A1)
Regarding claim 32, Diez discloses a method performed by a mobile communication device [0126] for obtaining available updated video-game content for use in a mobile video game already existing on the mobile communication device, the method comprising:
issuing a first request to a server; [0127]
receiving, in response to the first request, a message describing the available updated video-game content available on the server, [0127, certain available content is presented to the user]
wherein the received message is based on at least one of a device type of the mobile communication device, a model type of the mobile communication device, a telecom service associated with the mobile communication device, a service associated with the mobile communication device, a subscription associated with the mobile communication device, or a service provider associated with the mobile communication device; [0128, The received message is based on a service associated with the mobile device]
sending a second request for at least a portion of the available updated video-game content, wherein the second request is based on the received message; [0128, the request is based on the content listed]
and receiving the requested at least a portion of the available updated video-game content identified in the second request. [0128, if allowed, not barred by parent controls or access rights, the device may request to the server to download the content]
Diez discloses game data for an emulator and updating content but not expressly update for a game already on the device based on request.
Hays discloses updating content for use in a game already existing on a mobile communication based on a requestion [Hays, 0032, a game application requests and receives updated advertisements]
Therefore it would have been obvious to one of ordinary skill in that art at the time of the invention to use requests to update data, as it can first be determined if an update is necessary and then download thereby avoiding wasted bandwidth.
Regarding claim 33, the combination discloses the method of claim 32, wherein the requested at least a portion of the available updated video-game content is promotional content. [Hays 0079]
Regarding claim 34, the combination discloses the method of claim 32, further comprising receiving information providing at least one in-game placement location associated with the requested at least a portion of the available updated video-game content. [Hays 0018, designated geometry and specific in game locations are listed]
Regarding claim 35, the combination discloses the method of claim 32, further comprising displaying the requested at least a portion of the available updated video-game content at a placement location based on user interaction. [Hays 0045 the location or level a user as at in the game affects the displayed ad]
Regarding claim 36, the combination discloses the method of claim 32, further comprising receiving coordinates specifying time information for displaying the requested at least a portion of the available updated video-game content. [Hays 0021, shown at the appropriate time]
Regarding claim 37, the combination discloses the method of claim 32, wherein the received at least a portion of the available updated video-game content is based on at least one of a base location of the mobile communication device or a current location of the mobile communication device. [Hays 0044, geographic location]
Regarding claim 38, the combination discloses the method of claim 32, wherein the requested at least a portion of the available updated video-game content is selected based on user information specific to a user of the mobile communication device. [Hays, 0044, location is user specific, but the reference also points out player statistics and habits may be used]
Regarding claim 39, the combination discloses the method of claim 32, wherein the received message includes at least one version identifier for the available updated video-game content. [Diez 0112, it is determined whether a latest version is downloaded, in order to request the latest version, an id is necessary]
Regarding claim 40, the combination discloses the method of claim 39, further comprising comparing at least one version identifier saved at the mobile communication device against the at least one version identifier included in the received message describing the available updated video- game content. [Diez 0112, it is determined whether a latest version is downloaded, in order to request the latest version, an id is necessary]
Regarding claim 41, the combination discloses the method of claim 32, wherein the available updated video-game content includes user-generated content. [this amounts to non-functional descriptive material, who created content makes no difference to the structure or function of the system]
Regarding claim 42, the combination discloses the method of claim 32, wherein the requested at least a portion of the available updated video-game content is requested based on a level or scene being reached within the mobile video game. [Hays, 0045, level/location in the game]
Regarding claim 43, the combination discloses the method of claim 32, further comprising displaying the requested at least a portion of the available updated video-game content in a pop-up window. [Hays 0071, popup advertisement]
Regarding claim 44, the combination discloses the method of claim 32, wherein the second request is based on at least one of the sex, age, or interests of a user of the mobile communication device. [Hays, 0044 notes sex, age and statistics showing user interests]
Regarding claim 45, the combination discloses the method of claim 32, wherein the first request includes a version identifier associated with the mobile video game. [Diez 0112, it is determined whether a latest version is downloaded, a version number is necessarily present to request the latest version]
Regarding claim 46, the combination discloses the method of claim 32, wherein the second request includes a version identifier associated with the mobile video game. [Diez 0112, it is determined whether a latest version is downloaded]
Regarding claim 47, the combination discloses the method of claim 32, wherein the received at least a portion of the available updated video-game content includes one or more levels for the already existing video game. [Hays, 0034, the user may download ads in exchange for weapons or levels]
Regarding claim 48, the combination discloses the method of claim 32, wherein the received at least a portion of the available updated video-game content includes at least one of weapons, characters, or items. [Hays, 0034, the user may download ads in exchange for weapons of levels]
Regarding claim 50, the combination discloses the method of claim 32, wherein the received at least a portion of the available updated video-game content includes at least one of a background or a background information element. [Hays, 0075 scenery includes background design]
Regarding claim 51, the combination discloses the method of claim 50, wherein the received at least a portion of the available updated video-game content includes a background information element comprising at least one of a background shape, a background design, a background coloring, or a background texture. [Hays, 0075 scenery includes background design]
Regarding claim 52, the combination discloses the method of claim 32, further comprising receiving coordinates specifying a location for the requested at least a portion of the available updated video-game content. [Hays 0021, shown at the appropriate time, time is defined by applicant as coordinates]
Regarding claim 53, the combination discloses the method of claim 52, wherein the coordinates include scene information, level information, or time information for displaying the requested at least a portion of the available updated video-game content. [Hays 0021, shown at the appropriate time]
Regarding claim 54, the combination discloses the method of claim 52, further comprising delaying the receiving of the requested at least a portion of the available updated video-game content to not disrupt gameplay. [Hays, 0034, background downloading]
Regarding claim 55, Hays discloses a method performed by a mobile communication device for declining available video-game content for use in a mobile video game [0126] on a mobile communication device, the method comprising:[0127]
receiving a message describing the available updated video-game content available on the server, [0127, certain available content is presented to the user]
wherein the received message is based on at least one of a device type of the mobile communication device, a model type of the mobile communication device, a telecom service associated with the mobile communication device, a service associated with the mobile communication device, a subscription associated with the mobile communication device, or a service provider associated with the mobile communication device; [These features are all claimed in the alternative, using “or” making each optional; 0128, The received message is based on a service associated with the mobile device]
determining that the mobile communication device should not receive at least a portion of the available updated video-game content; and determining to refrain from sending a second request for the at least a portion of the available updated video-game content to the server. [0148, access rights and parental control options can prevent a user locally from trying to request access to the content]
Regarding claim 56, the combination discloses the method of claim 55, wherein the received message includes at least one version identifier for the available updated video-game content. [Diez 0112, it is determined whether a latest version is downloaded, a version number must be received to be compared]
Regarding claim 57, the combination discloses the method of claim 55, further comprising comparing at least one version identifier saved at the mobile communication device against the at least one version identifier included in the received message describing the available updated video- game content. [Diez 0112, it is determined whether a latest version is downloaded]
Regarding claim 58, the combination discloses the method of claim 55, wherein the first request includes a version identifier associated with the mobile video game. [Diez 0112, it is determined whether a latest version is downloaded, in order to request the latest version, an id is necessary]
Regarding claim 59, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content is promotional content. [Hays 0079]
Regarding claim 60, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content is based on at least one of a base location of the mobile communication device or a current location of the mobile communication device. [Hays 0044, geographic location]
Regarding claim 61, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content is selected based on user information specific to a user of the mobile communication device. [Hays, 0044 notes sex, age and statistics showing user interests]
Regarding claim 62, the combination discloses the method of claim 55, wherein the available updated video-game content includes user-generated content. [this amounts to non-functional descriptive material, who created content makes no difference to the structure or function of the system]
Regarding claim 63, the combination discloses the method of claim 55, wherein the available updated video-game content is based on a level or scene being reached within the mobile video game. [0045, a particular ad is displayed based on a user location or level in the game]
Regarding claim 64, the combination discloses the method of claim 55, wherein the second request is based on at least one of the sex, age, or interests of a user of the mobile communication device. [Hays, 0044 notes sex, age and statistics showing user interests]
Regarding claim 65, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content includes one or more levels for the already existing video game. [Hays, 0034, the user may download ads in exchange for weapons or levels]
Regarding claim 66, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content includes at least one of weapons, characters, or items. [Hays, 0034, the user may download ads in exchange for weapons or levels]
Regarding claim 68, the combination discloses the method of claim 55, wherein the at least a portion of the available updated video-game content includes at least one of a background or a background information element. [Hays, 0075, in game scenery]
Regarding claim 69, the combination discloses the method of claim 68, wherein the at least a portion of the available updated video-game content includes the background information element comprising at least one of a background shape, a background design, a background coloring, or a background texture. [Hays, 0075 scenery includes background design]
Claims 49 and 67 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Diez (US 2006/0080702 A1) further in view of Hays (US 2008/0102947 A1) further in view of Ho (WO 2008/008038 A1)
Regarding claim 49, the combination discloses the method of claim 32, but does not expressly disclose hot spots. Ho discloses an analogous system wherein the received at least a portion of the available updated video-game content includes hot spots. [See page 2 lines 20-29, wherein interaction information elements can display hidden information such as an advertisement when activation by a user and thus are hot spots in a manner commensurate to those as defined in the application] Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to use hot spots as a convenient way of location based advertisement updating that is in widespread use.
Regarding claim 67, the combination discloses the method of claim 55, but does not expressly disclose hot spots. Ho discloses an analogous system wherein the received at least a portion of the available updated video-game content includes hot spots. [See page 2 lines 20-29, wherein interaction information elements can display hidden information such as an advertisement when activation by a user and thus are hot spots in a manner commensurate to those as defined in the application] Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to use hot spots as a convenient way of location based advertisement updating that is in widespread use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ELLIS (US 2004/0015608 A1) discloses an analogous system which identifies downloadable content telephonically from an ad server with a first communications and makes a subsequent request to download it.
The other cited references relate to updating and downloading of information in network environments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEWIS G WEST whose telephone number is (571)272-7859. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEWIS G WEST/ Primary Examiner, Art Unit 2699