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
The examiner acknowledges applicant’s arguments in the Response dated April 20, 2026 directed to the Non-Final Office Action dated December 18, 2025. Claims 1-20 are pending in the application and subject to examination as part of this office action.
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, 6-7, 10-11, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rhyne, IV et al., US 2006/0148545 A1 (hereinafter Rhyne).
Regarding Claim 1 (Currently Amended): Rhyne discloses a method comprising:
detecting interaction data associated with user-interaction with elements of interactive content (Rhyne, FIG. 9 shows a flowchart of the process of the preferred embodiment that creates an appropriate set of steps each time a player elects to have his or her avatar interact with a given NPC (the active NPC); this flowchart is entered at [B] each time a player moves his or her avatar into a position wherein a player-to-NPC interaction can take place, in a manner well known to those of skill in the art [0066] and [Fig. 9]; as shown in block 900, the exemplary step-assignment process (SAP) represented by the flowchart begins by selecting a requirement defined for the goal currently assigned to the active NPC [0067]);
determining at least one element to generate in a portion of the interactive content based on the interaction data (Rhyne, in supporting the possible player-to-NPC interaction shown in FIG. 2, the on-line game server has examined: (a) the current values and goal associated with that NPC, and (b) the current status of the player's avatar; based on that examination, the game server has created a series of steps (e.g., finding the "Key of Merlin," bringing it to the NPC, and opening the lock at the end of the chain) that can be performed by a player having that status [0036]);
generating, in the portion of the interactive content, the at least one element in accordance with interactive content mechanics associated with the portion of the interactive content (Rhyne, as shown in the preferred embodiment, at blocks 903 to 906 each candidate step from the set of pre-defined steps is compared to the current values of the active NPC [0069]; in blocks 907 to 909 the state of the player planning to interact with the active NPC is compared to the requirements on player state defined for the goal assigned to that NPC. If those requirements are met, the candidate step is added to the list of steps to be presented to the player [0070]); and
updating a display of the portion of the interactive content to include the at least one element (Rhyne, at block 912 the SAP checks to determine whether or not all requirements for achieving the active NPC's currently assigned goal will be met through performance of the current list of steps, and the SAP moves to block 913 to exit and display the list of steps to the player [0072]).
Regarding Claims 6 (Currently Amended) and 16 (Currently Amended): Rhyne further discloses wherein determining the at least one element comprises generating an adaptive storyline for the interactive content based on the interaction data (Rhyne, that series of steps will be unique to the current interaction between the player and the NPC; according to some embodiments of the invention, if the player chooses to interact with that same NPC during a future in-game time period, the NPC's goal, the NPC's values, and the player's state, and hence the series of steps defined for that new interaction, may be different, bringing a newness to the player's in-game experiences [0037]).
Regarding Claim 7 (Currently Amended) and 17 (Currently Amended): Rhyne further discloses wherein determining the at least one element includes generating a new storyline for the interactive content based on the interaction data and inserting the new storyline into the interactive content (Rhyne, that series of steps will be unique to the current interaction between the player and the NPC; according to some embodiments of the invention, if the player chooses to interact with that same NPC during a future in-game time period, the NPC's goal, the NPC's values, and the player's state, and hence the series of steps defined for that new interaction, may be different, bringing a newness to the player's in-game experiences [0037]).
Regarding Claim 10 (Currently Amended) and 20 (Currently Amended): Rhyne further discloses wherein updating the display of the portion of the interactive content comprises including the at least one element during a game session to a first player and a second player of the interactive content (Rhyne, as shown in FIG. 1, three exemplary MMOG players (100, 101, and 102) may operate respective computer systems (100A, 101A, and 102A) [0033]; the GAP thus automatically creates a new in-game environment for the players when the next in-game time period starts [0065]).
Regarding Claim 11 (Currently Amended): Rhyne discloses a device configured for generative game world population and player customization, the device comprising:
an interface (Rhyne, a communications linkage [0003]);
a memory storing executable instructions (Rhyne, the term "computer system" can be broadly defined to encompass any device (or combination of devices) having at least one processor that executes instructions from a memory medium [0027]); and
a controller coupled to the interface and the memory (Rhyne, the term "computer system" can be broadly defined to encompass any device (or combination of devices) having at least one processor that executes instructions from a memory medium [0027]), wherein the controller is configured to:
detect interaction data associated with user-interaction with elements of interactive content (Rhyne, FIG. 9 shows a flowchart of the process of the preferred embodiment that creates an appropriate set of steps each time a player elects to have his or her avatar interact with a given NPC (the active NPC); this flowchart is entered at [B] each time a player moves his or her avatar into a position wherein a player-to-NPC interaction can take place, in a manner well known to those of skill in the art [0066] and [Fig. 9]; as shown in block 900, the exemplary step-assignment process (SAP) represented by the flowchart begins by selecting a requirement defined for the goal currently assigned to the active NPC [0067]);
determine at least one element to generate in a portion of the interactive content based on the interaction (Rhyne, in supporting the possible player-to-NPC interaction shown in FIG. 2, the on-line game server has examined: (a) the current values and goal associated with that NPC, and (b) the current status of the player's avatar; based on that examination, the game server has created a series of steps (e.g., finding the "Key of Merlin," bringing it to the NPC, and opening the lock at the end of the chain) that can be performed by a player having that status [0036]);
generate, in the portion of the interactive content, the at least one element in accordance with interactive content mechanics associated with the portion of the interactive content (Rhyne, as shown in the preferred embodiment, at blocks 903 to 906 each candidate step from the set of pre-defined steps is compared to the current values of the active NPC [0069]; in blocks 907 to 909 the state of the player planning to interact with the active NPC is compared to the requirements on player state defined for the goal assigned to that NPC. If those requirements are met, the candidate step is added to the list of steps to be presented to the player [0070]); and
update a display of the portion of the interactive content to include the at least one element (Rhyne, at block 912 the SAP checks to determine whether or not all requirements for achieving the active NPC's currently assigned goal will be met through performance of the current list of steps, and the SAP moves to block 913 to exit and display the list of steps to the player [0072]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-3, 5, 12-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Rhyne in view of Opaluch, US 2009/0149246 A1 (hereinafter Opaluch).
Regarding Claims 2 (Currently Amended) and 12 (Currently Amended): Rhyne further discloses wherein detecting the interaction data includes detecting input controls for a multiplayer interactive content (Rhyne, these role-playing games allow large number of on-line users to participate in the game-playing experience together, cooperating with each other or, conversely, obstructing each other, as they try to accomplish tasks within the computer-based environment [0003]).
Rhyne fails to explicitly disclose identifying an in-game preference associated with the user-interaction with elements of the multiplayer interactive content.
Opaluch teaches identifying an in-game preference associated with the user-interaction with elements of the multiplayer interactive content (Opaluch, user profile information may be utilized by subscribers as an index for understanding the customized games themselves, as well as a tool for understanding the players manipulating those customized games; in other instances, user profile information may be supplemented with explicit preferences (e.g., responses to (or forms for filling out) preference questionnaires, or previous modifications to the features and/or preference settings of the components and/or customized games of system 100), as well as choices indicating player interests (e.g., those games, characters, options, etc. that are recursively selected by one or more players) [0030]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]). The goals of various NPCs within the game may be dynamically and automatically changed within the game (Rhyne [Abstract]). At certain in-game time periods, the game server may dynamically assign one or more new goals for some or all of the NPCs based on the current status of each NPC (Rhyne [Abstract]). When a player later interacts with a given NPC assist (or impede) that NPC in reaching its currently assigned goal, the method may dynamically determine a steps that the player's avatar may perform to assist (or impede) the goal (Rhyne [Abstract]). Thus, players cannot predict what will happen when they move through the game and reach a location at which they can interact with a given NPC, making the game-playing experience ever fresh and challenging (Rhyne [Abstract]).
Opaluch teaches an approach for developing customized games (Opaluch [Abstract]). Customization information is obtained from a user (or someone preparing the game for the user) in response to a menu of options relating to a game, or is automatically collected from customization information already collected (Opaluch [Abstract]). Gaming information, including rules and design layout, is output in response to the customization information for playing the game (Opaluch [Abstract]). User preferences may be used to customize games (Opaluch [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game as disclosed by Rhyne with the ability to use player preferences in customizing gameplay as taught by Opaluch in order to provide customized games.
Regarding Claim 3 (Currently Amended) and 13 (Currently Amended): Rhyne further discloses wherein determining the at least one element comprises:
detecting interaction data associated with a first user-interaction and interaction data associated with a second user-interaction (Rhyne, FIG. 9 shows a flowchart of the process of the preferred embodiment that creates an appropriate set of steps each time a player elects to have his or her avatar interact with a given NPC (the active NPC); this flowchart is entered at [B] each time a player moves his or her avatar into a position wherein a player-to-NPC interaction can take place, in a manner well known to those of skill in the art [0066] and [Fig. 9]; as shown in block 900, the exemplary step-assignment process (SAP) represented by the flowchart begins by selecting a requirement defined for the goal currently assigned to the active NPC [0067]);
generating the at least one element in accordance with the interactive content mechanics associated with the portion of the interactive content (Rhyne, that series of steps will be unique to the current interaction between the player and the NPC; according to some embodiments of the invention, if the player chooses to interact with that same NPC during a future in-game time period, the NPC's goal, the NPC's values, and the player's state, and hence the series of steps defined for that new interaction, may be different, bringing a newness to the player's in-game experiences [0037]).
Rhyne fails to explicitly disclose
identifying a preference based on the interaction data.
Opaluch teaches
identifying a preference based on the interaction data (Opaluch, user profile information may be utilized by subscribers as an index for understanding the customized games themselves, as well as a tool for understanding the players manipulating those customized games; in other instances, user profile information may be supplemented with explicit preferences (e.g., responses to (or forms for filling out) preference questionnaires, or previous modifications to the features and/or preference settings of the components and/or customized games of system 100), as well as choices indicating player interests (e.g., those games, characters, options, etc. that are recursively selected by one or more players) [0030]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]). The goals of various NPCs within the game may be dynamically and automatically changed within the game (Rhyne [Abstract]). At certain in-game time periods, the game server may dynamically assign one or more new goals for some or all of the NPCs based on the current status of each NPC (Rhyne [Abstract]). When a player later interacts with a given NPC assist (or impede) that NPC in reaching its currently assigned goal, the method may dynamically determine a steps that the player's avatar may perform to assist (or impede) the goal (Rhyne [Abstract]). Thus, players cannot predict what will happen when they move through the game and reach a location at which they can interact with a given NPC, making the game-playing experience ever fresh and challenging (Rhyne [Abstract]).
Opaluch teaches an approach for developing customized games (Opaluch [Abstract]). Customization information is obtained from a user (or someone preparing the game for the user) in response to a menu of options relating to a game, or is automatically collected from customization information already collected (Opaluch [Abstract]). Gaming information, including rules and design layout, is output in response to the customization information for playing the game (Opaluch [Abstract]). User preferences may be used to customize games (Opaluch 0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game as disclosed by Rhyne with the ability to use player preferences in customizing gameplay as taught by Opaluch in order to provide customized games.
Regarding Claims 5 (Currently Amended) and 15 (Currently Amended): Rhyne discloses the invention as recited above. Rhyne fails to explicitly disclose wherein determining the at least one element comprises setting at least one style for the at least one element based on the interaction data.
Opaluch teaches determining the at least one element comprises setting at least one style for the at least one element based on the interaction data (Opaluch, user profiles advantageously provide a mechanism for tailoring and matching the content, complexity, style, etc., of a customized game 101 to one or more players [0039]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]). The goals of various NPCs within the game may be dynamically and automatically changed within the game (Rhyne [Abstract]). At certain in-game time periods, the game server may dynamically assign one or more new goals for some or all of the NPCs based on the current status of each NPC (Rhyne [Abstract]). When a player later interacts with a given NPC assist (or impede) that NPC in reaching its currently assigned goal, the method may dynamically determine a steps that the player's avatar may perform to assist (or impede) the goal (Rhyne [Abstract]). Thus, players cannot predict what will happen when they move through the game and reach a location at which they can interact with a given NPC, making the game-playing experience ever fresh and challenging (Rhyne [Abstract]).
Opaluch teaches an approach for developing customized games (Opaluch [Abstract]). Customization information is obtained from a user (or someone preparing the game for the user) in response to a menu of options relating to a game, or is automatically collected from customization information already collected (Opaluch [Abstract]). Gaming information, including rules and design layout, is output in response to the customization information for playing the game (Opaluch [Abstract]). User profiles advantageously provide a mechanism for tailoring and matching styles of a customized game to one or more players (Opaluch [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game as disclosed by Rhyne with the ability to tailor styles as taught by Opaluch in order to provide customized games.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Rhyne, in view of Ecevit et al., US 2011/0265019 A1 (hereinafter Ecevit), and further in view of Cox et al., US 2014/0171191 A1 (hereinafter Cox).
Regarding Claims 4 (Currently Amended) and 14 (Currently Amended): Rhyne discloses the invention as recited above. Rhyne fails to explicitly disclose wherein determining the at least one element includes selecting a template for populating the portion of the interactive content and populating at least one tag element of the template.
Ecevit teaches wherein determining the at least one element includes selecting a template for populating the portion of the interactive content (Ecevit, the concept of the each Virtual World created using SROUPS can be defined by the user, which might also be done by using predefined templates that may be provided by SROUPS [0014]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]). The goals of various NPCs within the game may be dynamically and automatically changed within the game (Rhyne [Abstract]). At certain in-game time periods, the game server may dynamically assign one or more new goals for some or all of the NPCs based on the current status of each NPC (Rhyne [Abstract]). When a player later interacts with a given NPC assist (or impede) that NPC in reaching its currently assigned goal, the method may dynamically determine a steps that the player's avatar may perform to assist (or impede) the goal (Rhyne [Abstract]). Thus, players cannot predict what will happen when they move through the game and reach a location at which they can interact with a given NPC, making the game-playing experience ever fresh and challenging (Rhyne [Abstract]).
Ecevit teaches systems and methods for the creation of a virtual world on top of an online community known as "SROUPS" (Ecevit [0012]). The concept of the each Virtual World created using SROUPS can be defined by the user, which might also be done by using predefined templates that may be provided by SROUPS, or through automatic context detection in which, by analyzing the group conversation for example, SROUPS can generate the "right" Virtual World (Ecevit [0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game as disclosed by Rhyne with the method of using predefined templates as taught by Ecevit in order to generate the “right” Virtual World.
Cox teaches populating at least one tag element of the template (Cox, rendering engine 130 is configured to encode in the rendered cinematic animation 300 one or more boundary regions, for example boundary region 302 which is presented by brackets; boundary region 302 may be selected by a player to display additional information based on one or more object tags encoded by rendering engine 130 in cinematic animation 300, for example object tag 304 [0030]; cinematic animation 300 may further have a time code 305 associated with, and linking each boundary region and object tag to one or more frames in cinematic animation 300; if a player selects boundary region 302, for example, additional information about its corresponding game object may be displayed based on the associated time code 305; in this way, game objects may be located and tracked throughout each frame in cinematic animation 300, and further linked to individual turn phases [0031]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]). Rhyne generates graphical scenes and images (Rhyne [0031]).
Cox teaches systems and methods for computationally generating a cinematic animation in a turn-based game program (Cox [Abstract]). A rendering engine is configured to encode in the rendered cinematic animation one or more boundary regions (Cox [0031]). A cinematic animation may further have a time code associated with, and linking each boundary region and object tag to one or more frames in cinematic animation (Cox [0031]). If a player selects boundary region, for example, additional information about its corresponding game object may be displayed based on the associated time code; in this way, game objects may be located and tracked throughout each frame in cinematic animation 300, and further linked to individual turn phases (Cox [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the generation of graphical scenes and images as disclosed by Rhyne with the method of linking an object tag to a cinematic animation as taught by Cox in order to track game objects throughout each frame in the cinematic animation.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rhyne in view of Estanislao, US 2020/0406144 A1 (hereinafter Estanislao).
Regarding Claims 8 (Currently Amended) and 18 (Currently Amended): Rhyne discloses the invention as recited above. Rhyne fails to explicitly disclose wherein determining the at least one element includes generating at least one of audio output and music output for the interactive content based on the interaction data.
Estanislao teaches wherein determining the at least one element includes generating at least one of audio output and music output for the interactive content based on the interaction data (Estanislao, the application describes methods and systems for dynamically generating a music clip for rendering at client devices in a multi-player gaming network; player data and event data are acquired and classified into two or more profiles; the music clip is then generated by identifying a mood based on one of the two or more event profiles and one of the two or more player profiles and modulating one or more music elements of a segment of audio data based on the identified mood [Abstract]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]).
Estanislao teaches wherein determining the at least one element includes generating at least one of audio output and music output for the electronic game based on the in-game player interactions (Estanislao, the application describes methods and systems for dynamically generating a music clip for rendering at client devices in a multi-player gaming network; player data and event data are acquired and classified into two or more profiles; the music clip is then generated by identifying a mood based on one of the two or more event profiles and one of the two or more player profiles and modulating one or more music elements of a segment of audio data based on the identified mood [Abstract]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment as disclosed by Rhyne with the method of dynamically generating a music clip based on player data and event data in a game as taught by Estanislao to provide a more immersive game.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rhyne in view of Cudak et al., US 2013/0172084 A1 (hereinafter Cudak).
Regarding Claims 9 (Currently Amended) and 19 (Currently Amended): Rhyne discloses the invention as recited above. Rhyne fails to explicitly disclose wherein determining the at least one element includes generating a new portion of interactive content using a model trained to generate the new portion of interactive content based on the interaction data.
Cudak teaches wherein determining the at least one element includes generating a new portion of interactive content using a model trained to generate the new portion of interactive content based on the interaction data (Cudak, the system additionally includes a map generator generating a portion of the map according to a corresponding contemporaneous position of a game player in the virtual world; finally, the system includes a peer-to-peer map reconciliation module; the module includes program code enabled to detect movement of the game player to a new position in the virtual world in proximity to a bordering map generated by a different game player and to generate a new portion of the map for the new position of the game player that is consistent with a portion of the bordering map in respect to both structure and terrain [Abstract]).
Rhyne discloses a role-playing game environment wherein the nature of various NPCs within the game may be varied over time within the game (Rhyne [Abstract]).
Cudak teaches a map generator generating a portion of the map according to a corresponding contemporaneous position of a game player in the virtual world (Cudak [Abstract]). The module includes program code enabled to detect movement of the game player to a new position in the virtual world in proximity to a bordering map generated by a different game player and to generate a new portion of the map for the new position of the game player that is consistent with a portion of the bordering map in respect to both structure and terrain (Cudak [Abstract]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the role-playing game environment as disclosed by Rhyne with the method of generating a bordering map that is consistent with a portion of the bordering map in respect to both structure and terrain as taught by Cudak to provide a game that allows for players playing on separate maps to play the same game on a consistent game map.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST.
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/WERNER G GARNER/ Primary Examiner, Art Unit 3715
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