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 § 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 1-4, 7-10, 12-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2017/0001111 to Willette.
With regard to claim 1, Willette discloses an apparatus comprising: a processor assembly programmed with instructions to (0394): execute a computer game in which a first person plays the computer game (0052); receive input from a second person that is viewing a livestream of the computer game but that is not controlling a character of the game, the input comprising one or more of: a cursor control command, a graphic-based reaction (0066; 0108); and based on the input, present an output on a display associated with the first person, the output indicating, in a game-specific context, the input (0108).
With regard to claim 2, Willette discloses wherein the input comprises the cursor control command (0066; 0108).
With regard to claim 3, Willette discloses wherein the output comprises the cursor being presented in an appearance associated with an ongoing game context for the computer game (0108; 0344).
With regard to claim 4, Willette discloses that the output comprises the cursor being presented in an appearance relevant to a current game event (0108; 0193; 0344).
With regard to claim 7, Willette discloses wherein the processor assembly is configured to: present, on a display associated with the second person, a selectable graphical object; receive the cursor control command, the cursor control command selecting the selectable graphical object; and based on the cursor control command, control an output of the computer game as presented on the display associated with the first person, the output of the computer game having an effect that changes the current game state of the computer game (fig. 26; 0344).
With regard to claim 8, Willette discloses wherein the processor assembly is configured to: receive the cursor control command, the cursor control command directing placement of a graphical object associated with the second person at a persistent location within the field of view of the first person as presented on the display; and based on the cursor control command, present the graphical object at the persistent location (figs. 25; 26A-26B; 0344; 0356).
With regard to claim 9, Willette discloses wherein the processor assembly is configured to: receive the cursor control command, the cursor control command selecting a game object; and based on the cursor control command, highlight the selected game object, the highlighting not comprising a tracing of the cursor control command itself (figs. 25; 26A-26B; 0344; 0356).
With regard to claim 10, Willette discloses wherein the processor assembly is configured to: receive the cursor control command; and based on the cursor control command, execute a predefined game action reserved for non-character-controlling people to instigate during the computer game (figs. 25; 26A-26B; 0344; 0356).
With regard to claim 12, Willette discloses wherein the processor assembly is configured to: present the cursor on the display in a visual appearance conveying a sentiment about terrain over which the first person’s game character is moving (figs. 25; 26A-26B; 0344; 0356).
With regard to claim 13¸Willette discloses wherein the processor assembly is configured to: present the cursor on the display in a visual appearance indicating data regarding a first game character’s current game statistics, the first game character being a game character not controlled by the first person (0069; 0215 wherein different players can be selected thus being a multiplayer game one player would be controlled by “the first person” and another character controlled by someone other than “the first person”).
With regard to claim 14¸Willette discloses that the input comprises the graphic-based reaction (0168; 0182).
With regard to claim 15, Willette discloses wherein the processor assembly is configured to: receive respective graphic-based reactions from respective people that are viewing the livestream but not controlling a character of the game; and responsive to a predetermined graphic-based reaction threshold being met, alter playout of the computer game, wherein the predetermined graphic-based reaction threshold relates to more than one graphic-based reaction of a same type being received (0181-0182).
Claim 17 is a mirror to claim 1 and is rejected in like manner.
With regard to claim 18¸Willette discloses aggregating sentiment-based reactions provided by plural viewers; and based on the aggregation, presenting a reaction summary to the first person (0150; 0321; 0333).
Claim 19 is a mirror to claim 1 and is rejected in like manner.
With regard to claim 20, Willette discloses wherein the instructions are executable to: award at least one trophy to the first person based on an amount of sentiment-based reactions that are received while playing one or more particular aspects of the computer game; and reward at least one viewer of the livestream based on inputs provided by that viewer, the inputs established by one or more cursor control commands and/or sentiment-based reactions (0307-0310).
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.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Willette in view of US Patent Application Publication No. 2017/0087455 to Black.
With regard to claim 5¸Willette discloses wherein the cursor control command is a first cursor control command, and wherein the processor assembly is configured to: execute the first cursor control command during a first portion of the computer game (0066; 0108; 0193). However, Willette does not appear to disclose determining a cut scene. However, Black teaches determine that a cutscene is occurring; and based on the determination, decline to process additional cursor control commands (0039). It would have been obvious to one of ordinary skill in the art at the time the application was filed to combine the teachings of Black with the disclosure of Willette to ensure that spectator input can only occur during relevant time periods.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Willette in view of US Patent No. 11,082,666 to Florentino.
With regard to claim 6¸Willette does not appear to disclose wherein the cursor control command is a first cursor control command, and wherein the processor assembly is configured to: rotate permission to issue cursor control commands between viewers of the computer game based on past viewer inputs related to the first person’s gameplay of the computer game. However, Florentino teaches such (col. 11, lines 22-44). It would have been obvious to one of ordinary skill in the art at the time the application was filed to combine the teachings of Florentino with the disclosure of Willette to provide an ordered manner in which individuals could affect the game.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Willette in view of US Patent Application Publication No. 2022/0004253 to Cappello.
With regard to claim 11, Willette discloses wherein the input comprises eye movement input associated with the second person, and wherein the processor assembly is configured to: move the cursor on the display according to the eye movement input; and alter, based on the determination, the appearance of the cursor as presented on the display (0066; 0108). However, Willette does not appear to disclose determine that the second person has closed one eye. However, Cappello teaches controlling an interface based upon a determination of a closed eye (0094 wherein a wink is one eye closed). It would have been obvious to one of ordinary skill in the art at the time the application was filed to combine the teachings of Cappello with the disclosure of Willette in order to provide additional eye movement for inputs over just a gaze as disclosed by Willette.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Willette in view of US Patent Application Publication No. 2019/0046886 to George.
With regard to claim 16, Willette does not appear to explicitly disclose wherein the processor assembly is configured to: based on the graphic-based reaction, present haptic feedback to the first person, the haptic feedback varying based on a reaction type associated with the graphic-based reaction. However, George teaches such (0018). It would have been obvious to one of ordinary skill in the art at the time the application was filed to combine the teachings of George with the disclosure of Willette in order to provide additional output to the user in order to make the game both more interactive as well as for the user to recognize outputs in different ways.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jay Liddle whose telephone number is (571)270-1226. The examiner can normally be reached M-F 9-5.
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/Jay Trent Liddle/Primary Examiner, Art Unit 3715