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 § 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 1-20 are 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 1 recites “player data” (lines 3 and 4) and “at least one player” (lines 3 and 7). The first instance of a claim element should generally subsequently be followed by referring to the element using “the” or “said”. Reciting the same claim element a second time makes it unclear whether the two instances of the claim element refer to the same claim element or different claim elements. Claim 11 recites similar language and is similarly rejected. Claims 2 and 12 further repeat “player data”. Claims 5 and 15 further repeat “at least one player”. Dependent claims 3-4, 6-10, 13-14, and 16-20 inherit this discrepancy by nature of their dependencies. Appropriate correction is required.
Claim 3 recites “a game area” (line 4). Claim 1, upon which claim 3 depends, recites “a game area” (line 6). The first instance of a claim element should generally subsequently be followed by referring to the element using “the” or “said”. Reciting the same claim element a second time makes it unclear whether the two instances of the claim element refer to the same claim element or different claim elements. Dependent claim 13 recites similar language and is similarly rejected. Appropriate correction is required.
Claim 10 recites “game data” (line 1). Claim 1, upon which claim 10 depends, recites “game data” (line 9). The first instance of a claim element should generally subsequently be followed by referring to the element using “the” or “said”. Reciting the same claim element a second time makes it unclear whether the two instances of the claim element refer to the same claim element or different claim elements. Dependent claim 20 recites similar language and is similarly rejected. Appropriate correction is required.
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 1-3, 5, 11-13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hutten et al., US 2020/0380788 A1 (hereinafter Hutten).
Regarding Claim 1: Hutten discloses a method for generative game world population and player customization, the method comprising:
detecting, by a device, player data for at least one player of an electronic game, wherein detecting player data includes detecting in-game player interactions with elements of the electronic game (Hutten, AR engine 110 receives input from a user regarding the features in the AR space; for example, a user can view a stitched-together AR space and manually select particular elements shown in the space and input data associated with the identity of those particular elements into user interface 106 [0081]);
determining, by the device, at least one element for populating a game area of the electronic game based on the player data for at least one player, wherein the determining the at least one element is based on the in-game player interactions (Hutten, AR engine 110 identifies patterns associated with the user regarding the customizable element (step 306) [0082]); and
outputting, by the device, game data with the at least one element for populating the game area (Hutten, AR engine 110 customizes the customizable element to reflect the predicted user behavior and preferences (step 310) [0093]).
Regarding Claims 2 and 12: Hutten further discloses wherein detecting player data includes detecting input controls for a multiplayer game (Hutten, the augmented reality space is traversable by the user and any additional users in the AR space [0071]; AR engine 110 receives input from a user [0081]) and identifying an in-game preference for the at least one player of the electronic game (Hutten, any data associated with user preferences can be stored on a database, such as a theme data store, which comprises any thematic preferences associated with one or more user circumstances [0087]).
Regarding Claims 3 and 13: Hutten further discloses wherein determining the at least one element includes detecting player data for a first player and player data for a second player (Hutten, AR engine 110 tracks data associated with other users interacting with an augmented reality environment of a primary user [0039]), identifying a preference based on the player data for the first player and the player data for the second player (Hutten, AR engine 110 customizes the customizable element to reflect the predicted user behavior and preferences (step 310) [0093]), and generating the at least one element in a game area of the electronic game based on a game world standard (Hutten, AR engine 110 customizes the customizable element to reflect the predicted user behavior and preferences (step 310) [0093]).
Regarding Claims 5 and 15: Hutten further discloses wherein determining the at least one element includes setting at least one style for the at least one element using the player data for at least one player (Hutten, using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store [Abstract]).
Regarding Claim 11: Hutten discloses a device configured for generative game world population and player customization, the device comprising:
an interface (Hutten, user interface 106 comprises a graphical user interface (GUI) or a web user interface (WUI) that can display one or more of text, documents, web browser windows, user option, application interfaces, and operational instructions; it is also contemplated that user interface can include information, such as, for example, graphics, texts, and sounds that a program presents to a user and the control sequences that allow a user to control a program [0024]);
a memory storing executable instructions (Hutten, the computing devices comprise a processor configured to execute software instructions stored on a tangible, non-transitory computer readable storage medium (e.g., hard drive, solid state drive, RAM, flash, ROM, etc.) [0015]); and
a controller coupled to the interface and the memory (Hutten, the computing devices comprise a processor configured to execute software instructions stored on a tangible, non-transitory computer readable storage medium (e.g., hard drive, solid state drive, RAM, flash, ROM, etc.) [0015]), wherein the controller is configured to detect player data for at least one player of an electronic game, wherein detecting player data includes detecting in-game player interactions with elements of the electronic game (Hutten, AR engine 110 receives input from a user regarding the features in the AR space; for example, a user can view a stitched-together AR space and manually select particular elements shown in the space and input data associated with the identity of those particular elements into user interface 106 [0081]);
determine at least one element for populating a game area of the electronic game based on the player data for at least one player (Hutten, AR engine 110 identifies patterns associated with the user regarding the customizable element (step 306) [0082]), wherein the determining the at least one element is based on the in-game player interactions (Hutten, AR engine 110 customizes the customizable element to reflect the predicted user behavior and preferences (step 310) [0093]); and
output game data with the at least one element for populating the game area (Hutten, AR engine 110 customizes the customizable element to reflect the predicted user behavior and preferences (step 310) [0093]).
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 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hutten, 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 and 14: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose wherein determining the at least one element includes selecting a template for populating the game area using the in-game player interactions, 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 game area using the in-game player interactions (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]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [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 virtualization of a current physical environment as disclosed by Hutten 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]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [Abstract]).
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 virtualization of a current physical environment as disclosed by Hutten 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 6-7, 10, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hutten in view of Schrager, US 2019/0184285 A1 (hereinafter Schrager).
Regarding Claims 6 and 16: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose wherein determining the at least one element includes generating an adaptive storyline for the electronic game based on the in-game player interactions.
Schrager teaches wherein determining the at least one element includes generating an adaptive storyline for the electronic game based on the in-game player interactions (Schrager, the machine readable device 14 may allow functions such as identifying each game object 12 uniquely from every other object, to interact with software located on a handheld device, computer or cloud; the ability to provide adaptive gameplay may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience [0034]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [Abstract]).
Schrager teaches game systems and methods which provide game objects having machine readable devices which are not easily read by a human player and information meant to be read by the human players (Schrager [Abstract]). The game system allows each player to respond by placing the game objects down while responding anonymously to the next question/response/action requested in the game (Schrager [Abstract]). The game objects can be placed in relative positions to each other, and the plurality of machine readable devices read simultaneously to allow use of the information provided by the game object and/or its relative position to other game objects (Schrager [Abstract]). A game platform may be provided to facilitate access to, customization or other processes to be implemented by a user (Schrager [Abstract]). The machine readable device may allow functions such as identifying each game object uniquely from every other object, to interact with software located on a handheld device, computer or cloud (Schrager [0034]). The ability to provide adaptive gameplay may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience (Schrager [0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the virtualization of a current physical environment as disclosed by Hutten with the method of providing adaptive gameplay as taught by Schrager in order to provide a more engaging experience.
Regarding Claims 7 and 17: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose wherein determining the at least one element includes generating a new storyline for the electronic game based on the in-game player interactions, and inserting the new storyline into the electronic game.
Schrager teaches wherein determining the at least one element includes generating a new storyline for the electronic game based on the in-game player interactions, and inserting the new storyline into the electronic game (Schrager, the machine readable device 14 may allow functions such as identifying each game object 12 uniquely from every other object, to interact with software located on a handheld device, computer or cloud; the ability to provide adaptive gameplay may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience [0034]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [Abstract]).
Schrager teaches game systems and methods which provide game objects having machine readable devices which are not easily read by a human player and information meant to be read by the human players (Schrager [Abstract]). The game system allows each player to respond by placing the game objects down while responding anonymously to the next question/response/action requested in the game (Schrager [Abstract]). The game objects can be placed in relative positions to each other, and the plurality of machine readable devices read simultaneously to allow use of the information provided by the game object and/or its relative position to other game objects (Schrager [Abstract]). A game platform may be provided to facilitate access to, customization or other processes to be implemented by a user (Schrager [Abstract]). The machine readable device may allow functions such as identifying each game object uniquely from every other object, to interact with software located on a handheld device, computer or cloud (Schrager [0034]). The ability to provide adaptive gameplay may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience (Schrager [0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the virtualization of a current physical environment as disclosed by Hutten with the method of providing adaptive gameplay as taught by Schrager in order to provide a more engaging experience.
Regarding Claims 10 and 20: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose wherein outputting game data for the electronic game includes output of the at least one element during a game session to a first player and a second player of the electronic game.
Schrager teaches wherein outputting game data for the electronic game includes output of the at least one element during a game session to a first player and a second player of the electronic game (Schrager, the ability to provide adaptive gameplay may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience [0034]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [Abstract]).
Schrager teaches the ability to provide adaptive gameplay that may be useful for all kinds of different games from single player to multiplayer, and can provide a more engaging experience (Schrager [0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the virtualization of a current physical environment as disclosed by Hutten with the method of providing adaptive gameplay as taught by Schrager in order to provide a more engaging experience.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hutten in view of Estanislao, US 2020/0406144 A1 (hereinafter Estanislao).
Regarding Claims 8 and 18: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose 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 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]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [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 virtualization of a current physical environment as disclosed by Hutten 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 Hutten in view of Cudak et al., US 2013/0172084 A1 (hereinafter Cudak).
Regarding Claims 9 and 19: Hutten discloses the invention as recited above. Hutten fails to explicitly disclose wherein determining the at least one element includes generating a new game area for the electronic game using a game world generation model trained to generate the new game area based on the in-game player interactions to include new game content.
Cudak teaches wherein determining the at least one element includes generating a new game area for the electronic game using a game world generation model trained to generate the new game area based on the in-game player interactions to include new game content (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]).
Hutten discloses a method that of producing a walkabout reality for a user by extracting user-associated characteristics from social media interactions of the user, and using the user-associated characteristics to select a theme and corresponding theme elements from a theme data store (Hutten [Abstract]). The invention further contemplates producing a virtualization of a current physical environment that includes the avatar of the user and corresponding theme elements (Hutten [Abstract]). An augmented reality engine executes commands from the user to control actions of the avatar with the virtualization (Hutten [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 virtualization of a current physical environment as disclosed by Hutten 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.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID LEWIS can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WERNER G GARNER/ Primary Examiner, Art Unit 3715