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 1/27/26. Claims 1 – 12 have been amended. Claims 1 – 12 are pending in the current application.
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 - 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1: It must be determined whether the invention falls in one of the four statutory categories of invention. Claims 1 – 11 are directed towards a medium and a device (machine), and claim 12 is directed towards a method, (process), which are a statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
A non-transitory computer readable medium storing a program that, when executed by a computer, is configured to perform a method comprising a step of displaying a user interface comprising a plurality of game screens within a computer game; a step of determining, within the computer game, whether a first stage-raising condition set for a stage of a target game medium is satisfied, wherein the first stage-raising condition is determined to be satisfied based upon an acceptance of a first player input from a player at a first game screen among the plurality of game screens for selecting a target game medium; a step of executing the computer game to raise the target game medium by a single stage in response to determining that the first stage-raising condition is satisfied; a step of determining, within the computer game, whether a second stage-raising condition set for a next stage thereof is different from the first stage- raising condition set for the stage of the target game medium in response to determining that the first stage-raising condition is satisfied; a step of displaying, within the computer game, a transition-instruction accepting unit for making a transition to a second game screen for presenting the second stage-raising condition in response to determining that the second stage-raising condition set for the next stage is different from the first stage-raising condition; and a step of executing the computer game to raise the target game medium by a plurality of stages in response to satisfying the second stage-raising condition based upon an acceptance of a second player input from the player at the second game screen, wherein the first stage-raising condition or the second stage-raising condition comprises a consumption of a game medium that is selected for consumption from among a plurality of game media stored in association with player identification information of the player.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claims 11 and 12. Dependent claims 2 – 10 further define the abstract idea or relate to the implementation of the abstract idea. The abstract idea is defined in at least the following grouping below:
Certain methods of organizing human activity (managing personal behavior)
Mental processes (observation, evaluation, judgment)
The claims are directed towards an abstract idea of rules for conducting a game which falls into the category of organizing human activity, (See MPEP 2106/04(a)(2)(II)(C)). More specifically, the claimed invention recites a gaming system that executes a video game where a player controls the progression and attributes of a player character. Controlling a video game to allow a player to progress a player character by improving the attributes of a player character represents managing personal behavior. This also represents following rules/instructions that define how the game is conducted.
The claims are also directed towards a series of steps which can practically be performed by one or more human, which fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention is drawn towards determining whether stage-raising condition for a player character has been satisfied, and whether a stage-raising condition of a player character has been executed. The claims recite instructions for controlling a video game with these features. Here, a human can observe a stage-raising condition being satisfied and determining that a stage-raising condition has been executed. Therefore, since the claimed invention can practically be performed in the human mind, it represents an ineligible abstract mental process.
Prong 2: Does the Claim recite additional elements that integrate the exception in to a practical application of the exception?
The claims recite a generic computer-readable and interface with instructions that generate and present a video game to a player, wherein said player is instructed to control the progression of a player character, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite a computer-readable medium, an interface and a player character associated with a player, however, viewed as a whole, these additional elements are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 12 are rejected under 35 U.S.C. 102(a) as being anticipated by Karashima (U.S. 2018/0214775).
Regarding claims 1, 11, and 12, Karashima discloses a non-transitory computer readable medium, device, and method storing a program that when executed by a computer, (“One or more embodiments of the present invention provide a game information processing method that causes a computer to execute a game program”, par. 0009), is configured to perform a method comprising a step of displaying a plurality of game screens within a computer game, (fig. 3, parts 130, 132, and 134), wherein the Examiner views parts 130, 132, and 134 as being equivalent to a plurality of game screens. Karashima further discloses a step of determining, within the computer game, whether stage-raising condition set for a stage of a target medium, (fig. 3, parts 132 and 134), is satisfied, wherein the first stage-raising condition is determined to be satisfied based upon acceptance of a first player input at a first game screen, (“In fusion evolution or evolution over time, the player designates either the basic skill 132 or the unlocked optional skills 134 as what is to evolve. When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased”), wherein the Examiner views the basic skill being successful as being equivalent to a stage-raising condition being satisfied. Karashima further discloses a step of executing the computer game to raise the target game medium by a single stage in response to determining that the first stage-raising condition is satisfied, (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased from 1 to 2”), a step of determining, within the computer game, whether a second stage-raising condition is set for a next stage thereof is different from the first stage-raising condition set for the stage of the target game medium in response to determining that the first stage-raising condition is satisfied, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038), wherein the Examiner views the tool skill being unlocked as being equivalent to a second stage-raising condition being different from the first stage-raising condition. Karashima further discloses a step of displaying a transition-instruction accepting unit for making a transition to a second game screen for presenting the second-raising condition in response to determining that the second stage-raising condition set for the next stage is different from the first stage-raising condition, (fig. 3 parts 132 and 134), wherein the Examiner part 134 showing the tool being unlocked as being equivalent to making a transition to a second game screen for presenting the second-raising condition that is different from the first stage-raising condition. Karashima further discloses a step of executing the computer game to raise the target game medium by a plurality of stages in response to satisfying the second stage-raising condition based upon an acceptance of a second player input from the player, (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased from 1 to 2. When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked. Similarly, when the level of the basic skill 132 reaches 5, the magic skill is unlocked”, par. 0038), wherein the Examiner views the basic skill being increased from 1 to 2, then 2 to 3, wherein increasing from 2 to 3 unlocks a new skill, as being equivalent raising the target game medium by a plurality of stages. Karashima further discloses wherein the first or second stage-raising condition comprises a consumption of a game medium that is selected for consumption from among a plurality of game media stored in association with player identification information of the player, (“the attribute value of the character changes favorably for the player when a character is set to be one that evolves. For example, the attribute value is changed to a second predetermined attribute value with a second probability so the attribute value is changed favorably for the player. Evolution over time is costly. More specifically, its costs are resources and time. A resource is something that can promote evolution (a part of the game content), and is acquirable when an event that comes up during a game has been cleared, or when game points or the like are consumed or time elapses under a predetermined game situation (for example, when the player virtually owns a field (land) of level 1, a certain amount of “wheat (resource)” is awarded to the player in one hour; if the level of the land increases, the amount of resource that is obtained each hour will increase)”, par. 0024), wherein the Examiner views the consumption of game points to increase attribute value of a game character as being equivalent to the consumption of game media that is selected and stored in association with player identification information of the player.
Regarding claim 2, Karashima discloses wherein the step of determining whether the first stage-raising condition is satisfied based on selecting a first predetermined consumption game medium, (“A resource is something that can promote evolution (a part of the game content), and is acquirable when an event that comes up during a game has been cleared, or when game points or the like are consumed”, par. 0024).
Regarding claim 3, Karashima discloses a step of displaying a stage-raising-instruction accepting unit with respect to the stage for which the second stage-raising condition has been set, upon acceptance of a third player input to the transition-instruction accepting unit, which is displayed in response to determining that the first stage- raising condition is satisfied, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038), and a step of consuming the first predetermined consumption game medium selected for satisfying the first stage-raising condition and a second predetermined consumption game medium for satisfying the second stage-raising condition, upon acceptance of an input to the stage-raising-instruction accepting unit, (“A resource is something that can promote evolution (a part of the game content), and is acquirable when an event that comes up during a game has been cleared, or when game points or the like are consumed”, par. 0024).
Regarding claim 4, Karashima discloses wherein the step of determining whether the first stage-raising condition is satisfied further comprises a step of displaying a stage to which raising is possible in response to the first stage-raising condition being satisfied, upon acceptance of a third player input for selecting the first predetermined consumption game medium (“In fusion evolution or evolution over time, the player designates either the basic skill 132 or the unlocked optional skills 134 as what is to evolve. When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased”), wherein the step of displaying the transition instruction accepting unit, which is used for making a transition to the second game screen for presenting the second stage-raising condition, (fig. 3 parts 132 and 134), further comprises a step of displaying a stage to which raising is possible in response to the second stage-raising condition being satisfied in response to determining that the second stage-raising condition is satisfied, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked” and fig. parts 132 and 134, par. 0038).
Regarding claim 5, Karashima discloses wherein the second stage-raising condition is determined based on whether the target game medium, which is decided based on a raising-target stage for which the second stage-raising condition has been set, satisfies a predetermined condition, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038).
Regarding claim 6, Karashima discloses a step of displaying a game medium that is required to satisfy the second stage- raising condition, upon acceptance of a third player input with respect to the transition- instruction accepting unit, (“when the level of the basic skill 132 reaches 5, the magic skill is unlocked”, par. 0038).
Regarding claim 7, Karashima discloses the step of determining whether the first stage-raising condition is satisfied further comprises: a step of accepting the first player input for selecting a raised stage for which the first stage-raising condition has been set, and a step of determining that the first stage-raising condition is satisfied in response to a game medium decided based on a selected stage satisfying a predetermined condition, (“In fusion evolution or evolution over time, the player designates either the basic skill 132 or the unlocked optional skills 134 as what is to evolve. When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased”), and wherein, upon acceptance of the second player input with respect to the displayed transition-instruction accepting unit, which is used for making a transition to the second game screen for presenting the second stage-raising condition, a step of accepting a third player input for selecting a consumption game medium, (“when game points or the like are consumed”, par. 0024), and a step of determining that the second stage-raising condition is satisfied in response to a selected consumption game medium satisfying a predetermined condition, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038).
Regarding claim 8, Karashima discloses wherein the step of determining whether the first stage-raising condition is satisfied further comprises a step of displaying a stage to which raising is possible in response to the first stage-raising condition being satisfied, (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased”), wherein the step of displaying the transition-instruction accepting unit, which is used for making a transition to the second game screen for presenting the second stage-raising condition, further comprises a step of displaying a stage to which raising is possible in response to the second stage-raising condition being satisfied, (fig. 3, parts 132 and 134).
Regarding claim 9, Karashima discloses wherein the target game medium and the consumption game medium that is selected for consumption by a third player input are assigned to the player(“when game points or the like are consumed”, par. 0024), of based on a predetermined lottery process, (“determines whether or not characters and items will be awarded by lottery”, par. 0032).
Regarding claim 10, Karashima discloses wherein the step of determining whether the first stage-raising condition is satisfied is executed with respect to each of the plurality of stages for which the first stage- raising condition has been set, (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased”), until determining that the second stage-raising condition is set for the next stage, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038).
Response to Arguments
Applicant’s arguments with respect to claims 1 - 12 have been considered but are moot based new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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/E.M.T/ Examiner, Art Unit 3715
/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715
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