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 .
DETAILED ACTION
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to the abstract idea of mental processes and/ or certain methods of organizing human activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a machine, process, and/or an article of manufacturer, which are statutory categories of invention.
Step 2a – Prong 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1-20 are directed to an abstract idea, specifically a "method of organizing human activity."
The core of the invention involves rules for managing player names/identities in multiplayer sessions: setting a persistent "first name" for public/random sessions (to ensure consistency and accountability), allowing an optional "second name" for private/restricted sessions (for flexibility among friends), transmitting the appropriate name data, restricting changes, and recording used names. This mirrors abstract concepts like managing personal interactions or commercial/social relationships in group settings, akin to rules for identification in games or meetings. The claims do not recite hardware innovations or complex algorithms; they describe high-level rules for data handling (e.g., setting/transmitting names based on session type), which could analogize to non-digital scenarios like using real names in public events vs. nicknames in private clubs.
Step 2a – Prong 2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition - see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing – see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea- see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h)
Additional elements include generic computing components: processors, networks, information processing apparatuses, data transmission, and game execution. These are recited at a high level of generality and perform conventional functions (e.g., sending data, executing sessions), amounting to "apply it on a computer" without improvement.
The invention aims to balance accountability in public gaming (via persistent names) with fun in private (via temporary names), addressing toxicity/privacy issues in online multiplayer. However, this is a business/social solution, not a technological one. It does not improve computer functionality, network efficiency, or data structures.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of an electronic device, non-transitory memory, and/ or processors used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility (the use of a computer merely illustrates the environment in which the abstract idea is practiced). These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. Taking the physical elements individually and in combination, the computer-based components are silent in regards to clearly indicating how a computer aids the device, method, and medium, the extent to which a computer to the performance of the device. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the "inventive concept" necessary for patent-eligibility. "[I]f a patent's recitation of a computer amounts to a mere instruction to 'implement]' an abstract idea 'on ... a computer,' ... that addition cannot impart patent eligibility." Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
In addition, the additional elements are generic, conventional, and well-known in the art that represent extra-solution activity. The computer components are purely generic and may be desktop or laptop computers, servers, or other types of computers. Such features are also considered extra-solution activity.
The dependent claims do not add "significantly more" for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provides additional rules to further expand the abstract idea of the independent claims.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
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 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kelly (US 2009/0104987 A1).
1. Kelly discloses one or more non-transitory computer-readable storage media having stored therein instructions that, when executed by one or more processors (gaming machines with iVIEW interfaces and tournament servers; [0070], [0072]), perform operations comprising:
setting a first name in association with a player using an information processing apparatus connectable to a network and a plurality of other information processing apparatuses operated by respective other players (setting default aliases like "BK1832" or card-based IDs upon card insertion/login; [0070], [0204], [0244], [0297]-[0298], [0314]);
causing the player to participate in a first session on the basis of a first operation by the player, without letting the player select a session to participate in (automatic grouping into public/open tournaments via eligibility checks or card insertion, no manual selection; [0072], [0108]);
when the player is going to participate in the first session, transmitting first data including the first name to be presented as a name of the player, so that the first data is receivable by each other information processing apparatus that is participating in the first session, and executing a first game among the players participating in the first session (transmitting alias and score data to other devices via tournament server and chat server and executing tournament games with scores), [0312], [0324];
causing the player to participate in a second session on the basis of a second operation by the player different from the first operation (player-initiated or invite-based joining of private/restricted tournaments, e.g., via voucher or group list; [0019], [0146], [0338]-[0339]);
before causing the player to participate in the second session, accepting an input of a second name from the player, and when the second name is inputted, setting the second name in association with the player (selecting/setting custom aliases before session start via iVIEW or console, wherein the player is able to use different aliases for different gaming sessions ( e.g., a first alias for the first gaming session, second alias for the second gaming session); [0297]-[0298], Fig. 27); and
when the player is going to participate in the second session, transmitting second data including the first name or the second name to be presented as a name of the player, so that the second data is receivable by each other information processing apparatus that is participating in the second session, and executing a second game among the players participating in the second session (transmitting selected alias to others via network for displays and executing private tournament), [0090], [0092], [0146], [0312], [0324].
2. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 1, wherein: the second operation includes a third operation of creating the second session, and the instructions, when executed, further cause the second session after making a setting so as to allow only the player satisfying a predetermined condition to participate in the second session on the basis of the third operation [0146].
3. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 2, wherein the predetermined condition is a condition of being the player who has created the second session or the player who is in a friend relationship with the player who is going to participate in the second session [0146].
4. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 3, wherein: the second operation includes a fourth operation of participating in the second session created by each of the other players, and the instructions, when executed, further present at least one of the first names associated with the players who are going to participate in the second session before causing the player to participate in the second session on the basis of the fourth operation [0146].
5. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 4, wherein the instructions, when executed, further restrict change of the first name in a predetermined period after the first name has been set for the player (e.g. locking aliases once session starts, no mid-session changes; Fig. 39).
6. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 1, wherein the instructions, when executed, further present the first name or the second name of each player who has participated in the second session, and make a name presentation manner in which the first name is presented and a name presentation manner in which the second name is presented, different from each other (differentiated display on iVIEW/signage, e.g., alias prominent with rank vs. secondary ID; Fig. 36-37).
7. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 1, wherein the instructions, when executed, further set the second name at a timing when the second operation is performed (setting aliases before or at session start; Fig. 39).
8. Kelly discloses the one or more non-transitory computer-readable storage media according to claim 1, wherein the instructions, when executed, further record the players who have participated in the second session, and store the first name or the second name presented during execution of the second session, in association with each player who has participated in the second session (recording aliases in tournament history tables and reports; [0239], [0299], Fig. 28, 53A-D).
9-15. Kelly discloses an information processing system of a player, connectable to a network and a plurality of other information processing systems operated by respective other players, the information processing system comprising: one or more memories coupled to one or more processors configured to control the information processing system to perform operations comprising: setting a first name in association with the player; causing the player to participate in a first session on the basis of a first operation by the player, without letting the player select a session to participate in; when the player is going to participate in the first session, transmitting first data including the first name to be presented as a name of the player, so that the first data is receivable by each other information processing system that is participating in the first session, and executing a first game among the players participating in the first session; causing the player to participate in a second session on the basis of a second operation by the player different from the first operation; before causing the player to participate in the second session, accepting an input of a second name from the player, and when the second name is inputted, setting the second name in association with the player; and when the player is going to participate in the second session, transmitting second data including the first name or the second name to be presented as a name of the player, so that the second data is receivable by each other information processing system that is participating in the second session, and executing a second game among the players participating in the second session as similarly discussed above.
10. Kelly discloses an information processing apparatus of a player, connectable to a network and a plurality of other information processing apparatuses operated by respective other players, the information processing apparatus comprising: one or more memories coupled to one or more processors configured to control the information processing apparatus to perform operations comprising: setting a first name in association with the player; causing the player to participate in a first session on the basis of a first operation by the player, without letting the player select a session to participate in; when the player is going to participate in the first session, transmitting first data including the first name to be presented as a name of the player, so that the first data is receivable by each other information processing apparatus that is participating in the first session, and executing a first game among the players participating in the first session; causing the player to participate in a second session on the basis of a second operation by the player different from the first operation; before causing the player to participate in the second session, accepting an input of a second name from the player, and when the second name is inputted, setting the second name in association with the player; and when the player is going to participate in the second session, transmitting second data including the first name or the second name to be presented as a name of the player, so that the second data is receivable by each other information processing apparatus that is participating in the second session, and executing a second game among the players participating in the second session as similarly discussed above.
11-20. Kelly discloses an information processing method executed in connection with an information processing system of a player, the information processing system being connectable to a network and a plurality of other information processing systems operated by respective other players, the information processing method comprising: setting a first name in association with the player; causing the player to participate in a first session on the basis of a first operation by the player, without letting the player select a session to participate in; when the player is going to participate in the first session, transmitting first data including the first name to be presented as a name of the player, so that the first data is receivable by each other information processing system that is participating in the first session, and executing a first game among the players participating in the first session; causing the player to participate in a second session on the basis of a second operation by the player different from the first operation; before causing the player to participate in the second session, accepting an input of a second name from the player, and when the second name is inputted, setting the second name in association with the player; and when the player is going to participate in the second session, transmitting second data including the first name or the second name to be presented as a name of the player, so that the second data is receivable by each other information processing system that is participating in the second session, and executing a second game among the players participating in the second session as similarly discussed above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L. 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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/Seng H Lim/Primary Examiner, Art Unit 3715