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 § 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 1-5 and 7-17 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 displaying a user interface with user selections (mental processes and organizing methods of human activity) involving:
a role display operation performed by a current user (mental process, related to a person making decision using pen and paper);
a role display interface (presentation using pen and paper);
acquiring a role selection operation based on the role display interface, and determining, in response to the role selection operation, a corresponding role object as a target role;
displaying, if the role object has been selected by another user, a prompt information in the role display interface, the prompt information being configured to indicate that the role object has been selected (presentation using pen and paper);
displaying, if the role object is selected by the current user, a deselection control in the role display interface, the deselection control being configured to deselect the role object (presentation using pen and paper).
Claims 1, 16, and 17 do not integrate the abstract ideas into a practical application.
The claim does not improve the functioning of the computer itself or another technology; rather, it uses the computer components as tools to implement the abstract idea of providing a user interface with user selections.
No particular machine beyond generic components. Claims 1, 16, 17 recite “client device”; claims 16, 17 recite “processor”, “computer programs”; claim 16 recites “computer device”, “memory”; claim 17 recites “non-transitory computer-readable storage medium” yet, these are generic computing elements. See MPEP 2106.05(b), (f).
The additional elements (virtual scene, virtual object) are generally linking the use of a judicial exception to a particular technological environment or field of use and do not impose a meaningful limit on the abstract idea.
Accordingly, the claim does not integrate the abstract idea into a practical application under MPEP § 2106.04(d).
Considered individually and as an ordered combination, the claims do not recite an inventive concept (“significantly more”) beyond the abstract ideas.
Generic computer components and environments (computing devices, processor, memory, and non-transitory computer-readable medium) performing data processing are well-understood, routine, and conventional (WURC) activities in the field of computer gaming.
Under Berkheimer v. HP, 881 F.3d 1360, absent evidence in the record that any claimed element or arrangement is not WURC, it is proper to treat generic devices, processors, memories, and data processing as conventional. The claims do not recite non-conventional computer functionality or architecture.
No specific algorithm, data structure, or hardware improvement is claimed that would transform the abstract idea into patent-eligible subject matter.
Therefore, claims 1-5 and 7-17 are ineligible under 35 U.S.C. § 101. The claims are directed to judicial exceptions—mental process and organizing methods of human activity —and do not integrate those exceptions into a practical application. The additional elements, viewed individually and in combination, amount to no more than the abstract idea of displaying a user interface with user selections, implemented on a generic computer, and therefore do not add “significantly more.”
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 1-5 and 7-17 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 the limitation "displaying, if the role virtual object has been selected by another user" in line 7. This limitation is ambiguous because it does not positively recite that a selection is necessarily required, i.e., the selection is optional. Therefore, if another user has not selected the role virtual object then the claim limitation is moot, i.e., there is no displaying of prompt information in the interface. Claims 16 and 17 have the same issue as stated above.
Claim 1 recites the limitation "displaying, if the role virtual object is selected by the current user" in line 10. This limitation is ambiguous because it does not positively recite that a selection is necessarily required by a user, i.e., the selection is optional. Therefore, if a current user does not select the role virtual object then the claim limitation is moot, i.e., there is no displaying of deselection in the interface. Claims 16 and 17 have the same issue as stated above.
All dependent claims are also rejected under35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite because of their respective dependence on claim 1.
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.
Claims 1-4, 10, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over CN Pub. 113262488 to Tencent Technology as evidence provided via Google English Translation of CN113262488A - https://patents.google.com/patent/CN113262488A/en?oq=CN113262488 (herein referred to CN113262488) in view of VainGlory video game as evidence provided in YouTube video “Vainglory 5V5 Academy - Ranked Draft Mode” - https://www.youtube.com/watch?v=CCEmGbJgBsw to Vainglory, and Call of Duty: Modern Warfare 2 video game as evidence provided by YouTube video (567) Call of Duty: Modern Warfare 2 - All Operators & Select Animations Showcase (MW2 BETA) - YouTube - https://www.youtube.com/watch?v=NlnkOYpp9Rk to Dan Allen Gaming (herein Allen).
Claims 1, 16, and 17. CN113262488 discloses (as required by claim 16) A computer device, comprising a processor and a memory, (as required by claim 17) A non-transitory computer-readable storage medium, storing computer programs, wherein the processor, when executing the computer programs, implements a game interaction method, the method comprising:
displaying a virtual scene on a client device, and displaying, in response to a role display operation performed by a current user on the virtual scene, a role display interface in the virtual scene, one or more role virtual objects being displayed in the role display interface (Fig. 4, “role selection interface”; and “when a user (or a player) opens the client on the terminal and the terminal runs the client, the terminal presents an interface of the virtual scene of the interactive game corresponding to a current login account, and presents a first character selection interface for character selection in the interface of the virtual scene before the interactive game is performed”);
acquiring a role selection operation based on the role display interface, and determining, in response to the role selection operation, a corresponding role virtual object as a target role (“in response to a selection operation for a target character of the at least two candidate characters”; “the selection operation aiming at a target role”; and “in an interface of a virtual scene, when a user clicks the role update prompt message 401, a terminal responds to the click operation to present a corresponding role selection interface 402, and present a plurality of candidate roles that can be selected in the role selection interface, so that the user can select a target role from the plurality of candidate roles”).
However, CN113262488 fails to explicitly disclose:
displaying, if the role virtual object has been selected by another user, a prompt information in the role display interface, the prompt information being configured to indicate that the role virtual object has been selected; and
displaying, if the role virtual object is selected by the current user, a deselection control in the role display interface, the deselection control being configured to deselect the role virtual object.
Vainglory teaches displaying, if the role virtual object has been selected by another user, a prompt information in the role display interface, the prompt information being configured to indicate that the role virtual object has been selected (at 0:23-0:30 opponents select heroes for banning, i.e., “neither team is able to select those heroes”; 0:39-0:50 "players take turns selecting a hero to play"; "once a hero is selected, that hero is unavailable to the opposing team"). The gaming system of CN113262488 would have motivation to use the teachings of Vainglory in order to notify game users of which game characters are available for selection in doing so would make the game more strategically challenging as game users would more carefully decide which game characters to pick at different instances of the game.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of CN113262488 with the teachings of Vainglory in order to notify game users of which game characters are available for selection in doing so would make the game more strategically challenging as game users would more carefully decide which game characters to pick at different instances of the game.
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Call of Duty teaches displaying, if the role virtual object is selected by the current user, a deselection control in the role display interface, the deselection control being configured to deselect the role virtual object (see Allen at 0:16-0:22; also see 0:38-1:05 selections and deselections are made in game menu screen). The gaming system of CN113262488 in view of Vainglory would have motivation to use the teachings of Call of Duty in order to provide the option for users to make additional selections, in cases such as an error selection or after further thought by the user, in doing so would provide for a better gaming selection experience.
It would have been further obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of CN113262488 in view of Vainglory with the teachings of Call of Duty in order to provide the option for users to make additional selections, in cases such as an error selection or after further thought by the user, in doing so would provide for a better gaming selection experience.
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Claim 2. CN113262488 discloses wherein before the displaying, in response to the role display operation performed by a current user on the virtual scene, the role display interface in the virtual scene, the method further comprises:
displaying, in response to a first trigger operation on the virtual scene, at least one role control in the virtual scene; and
the displaying, in response to the role display operation performed by a current user on the virtual scene, the role display interface in the virtual scene comprising:
displaying, in response to the role display operation on the at least one role control in the virtual scene, the role display interface in the virtual scene (“before entering the interactive game, the terminal presents a first role selection interface; presenting at least two randomly generated candidate roles in a first role selection interface, wherein different candidate roles correspond to different sub-interaction tasks; presenting a virtual scene picture corresponding to the interaction partner in response to the selection operation aiming at the target role in the at least two candidate roles”).
Claim 3. CN113262488 discloses wherein one role virtual object and role information of the role virtual object are displayed in the role display interface, and the method further comprises:
displaying, in response to a second trigger operation on the role display interface, another role virtual object and role information of the another role virtual object in the role display interface (“when the candidate role in the role selection interface is updated, the second role selection interface is presented, and the user can select other candidate roles which do not appear or are not selected from the second role selection interface as the target role”; “update prompting information for prompting that an updated candidate role exists may also be presented in the interface of the virtual scene, and the user may view a corresponding role selection interface by triggering (e.g., clicking, long-pressing, etc.) the role update prompting information, or by triggering a determination key associated with the role update prompting information”; and “Role management phase In practical applications, when a player enters a game lobby or interacts in a game, and a refreshed candidate character exists, corresponding character update prompt information is presented in a game picture, the player can open a recruitment interface (i.e., the character selection interface) based on the character update prompt information, for example, in the interface of fig. 5, the player can view details of the candidate character, such as skills possessed by the candidate character, corresponding sub-interaction tasks, interaction rewards corresponding to the knowledge sub-interaction tasks, and the like).
Claim 4. CN113262488 in view of Vainglory and Call of Duty teaches wherein the role display interface further comprises a role control list, and the method further comprises:
displaying, in response to a third trigger operation on the role control in the role control list, the role virtual object corresponding to the role control and the role information of the role virtual object corresponding to the role control in the role display interface (see CN113262488 “before entering the interactive game, the terminal presents a first role selection interface; presenting at least two randomly generated candidate roles in a first role selection interface, wherein different candidate roles correspond to different sub-interaction tasks; presenting a virtual scene picture corresponding to the interaction partner in response to the selection operation aiming at the target role in the at least two candidate roles”; Vainglory discuss order and team listing, pick/ban preferences at 1:12-1:17, swap options at 1:18-1:27; Allen shows names and pictures of selected characters).
Claim 10. CN113262488 in view of Vainglory teaches wherein the role display interface further comprises a user state list, the user state list comprising the total number of users, the number of users who have selected the role virtual objects, and a role selection state of each of the users (Vainglory discuss teams comprising of user list, heroes selected, and players’ turns to pick heroes).
Claim 14. CN113262488 discloses further comprising: exiting to the virtual scene when a preset exit condition is satisfied (“in response to a selection operation for a target character of the at least two candidate characters; the server 200 acquires scene data of a virtual scene picture corresponding to the interactive bureau based on the acquisition request, and returns the scene data to the terminal; the terminal renders pictures based on the scene data, presents virtual scene pictures of the interactive game obtained by rendering, and presents virtual objects (such as simulated fighters) corresponding to target roles in the virtual scene pictures”, i.e., completing the selection of a character exits from character selection menu to an interactive game scene).
Claim 15. CN113262488 discloses wherein the preset exit condition comprises any one of the following:
all of the users corresponding to the virtual scene have completed the role selection;
a preset role selection time period has been reached; or
a sixth trigger operation based on a completion control in the role display interface has been detected (“in response to a selection operation for a target character of the at least two candidate characters; the server 200 acquires scene data of a virtual scene picture corresponding to the interactive bureau based on the acquisition request, and returns the scene data to the terminal; the terminal renders pictures based on the scene data, presents virtual scene pictures of the interactive game obtained by rendering, and presents virtual objects (such as simulated fighters) corresponding to target roles in the virtual scene pictures”).
Claims 5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over CN Pub. 113262488 to Tencent Technology as evidence provided via Google English Translation of CN113262488A - https://patents.google.com/patent/CN113262488A/en?oq=CN113262488 (herein referred to CN113262488) in view of VainGlory video game as evidence provided in YouTube video “Vainglory 5V5 Academy - Ranked Draft Mode” - https://www.youtube.com/watch?v=CCEmGbJgBsw to Vainglory, and Call of Duty: Modern Warfare 2 video game as evidence provided by YouTube video (567) Call of Duty: Modern Warfare 2 - All Operators & Select Animations Showcase (MW2 BETA) - YouTube - https://www.youtube.com/watch?v=NlnkOYpp9Rk to Dan Allen Gaming (herein Allen) as applied to claim 1 above, and further in view of Call of Duty Black Ops 4 video game as evidence provided in YouTube video How To Learn The Specialists & Game Modes In COD Black Ops 4 : Specialist HQ (PS4, Xbox One, PC)” - https://www.youtube.com/watch?v=65KqzGcWSGg to Scalespeeder Gaming (herein Scalespeeder).
Claim 5. CN113262488 in view of Vainglory and Call of Duty fails to explicitly teach displaying, in response to a fourth trigger operation on the role virtual object, the role information of the role virtual objects in the role display interface (emphasis added).
Scalespeeder teaches displaying the role information of the role virtual objects in the role display interface (at 1:18-4:10 shows a plurality of information about the specialist game characters). The gaming system of CN113262488 in view of Vainglory and Call of Duty would have motivation to use the teachings of Scalespeeder in order to provide additional information to game players in doing so would assist in helping game players make better informed choices when making selections which would provide for a better gaming experience.
It would have been further obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of CN113262488 in view of Vainglory and Call of Duty with the teachings of Scalespeeder in order to provide additional information to game players in doing so would assist in helping game players make better informed choices when making selections which would provide for a better gaming experience.
Claim 7. CN113262488 in view of Vainglory, Call of Duty, and Scalespeeder teaches wherein the role display interface further comprises a role state list, the role state list comprising current states of all of the role virtual objects (see Vainglory, the list of teams comprising of available users and heroes).
Claim 8. CN113262488 in view of Vainglory, Call of Duty, and Scalespeeder teaches wherein the role state list comprises a role identifier corresponding to each of the role virtual objects and a state bar corresponding to each of role identifier, and the method further comprises:
acquiring user information of the role virtual object corresponding to each of the role identifier; and
displaying the user information of the role virtual object corresponding to the role identifier in the state bar corresponding to the role identifier (see Vainglory list of users and heroes; see Scalespeeder at 1:17-4:07 list of specialist and their respective attributes, progress).
Claim 9. CN113262488 in view of Vainglory, Call of Duty, and Scalespeeder teaches further comprising:
displaying mark information corresponding to the role virtual object in the role state list (see Vainglory, the characters availability/unavailability using mark through symbols, darkened/blur image of hero character).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over CN Pub. 113262488 to Tencent Technology as evidence provided via Google English Translation of CN113262488A - https://patents.google.com/patent/CN113262488A/en?oq=CN113262488 (herein referred to CN113262488) in view of VainGlory video game as evidence provided in YouTube video “Vainglory 5V5 Academy - Ranked Draft Mode” - https://www.youtube.com/watch?v=CCEmGbJgBsw to Vainglory, and Call of Duty: Modern Warfare 2 video game as evidence provided by YouTube video (567) Call of Duty: Modern Warfare 2 - All Operators & Select Animations Showcase (MW2 BETA) - YouTube - https://www.youtube.com/watch?v=NlnkOYpp9Rk to Dan Allen Gaming (herein Allen) as applied to claim 1 above, and further in view of YouTube video The Underrated Art of Character Select Screens - https://www.youtube.com/watch?v=LmOUYKc2als to Stumblebee.
Claim 11. CN113262488 in view of Vainglory and Call of Duty fails to explicitly teach claim 11 limitations.
Stumblebee teaches wherein the role display interface further comprises a random selection control;
the acquiring the role selection operation based on the role display interface and determining, in response to the role selection operation, the corresponding role virtual object as the target role comprising:
randomly determining, in response to a fifth trigger operation on the random selection control in the role display interface, a role virtual object as the target role from all of unselected role virtual objects (at 1:15, 1:52, 2:00 boxes with question mark is random select option). The gaming system of CN113262488 in view of Vainglory and Call of Duty would have motivation to use the teachings of Stumblebee in order to add an element of surprise, unpredictable to interface selections in doing so would make the game more challenging to game users.
It would have been further obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of CN113262488 in view of Vainglory and Call of Duty with the teachings of Stumblebee in order to add an element of surprise, unpredictable to interface selections in doing so would make the game more challenging to game users.
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Claim 12. CN113262488 in view of Vainglory, Call of Duty, and Stumblebee teaches further comprising:
replacing, after the random selection control is triggered, the random selection control with a cancel automatic assignment control, the cancel automatic assignment control being configured to deselect the target role (see Allen, Call of Duty gameplay, gives the user the choice to change previously selected options, it would have obvious to give users the choice to change selections made by random select of Stumblebee so that users are not forced to use undesired game characters).
Claim 13. CN113262488 in view of Vainglory, Call of Duty, and Stumblebee teaches wherein the randomly determining, in response to the fifth trigger operation on the random selection control in the role display interface, the role virtual object as the target role from all of the unselected role virtual objects comprises:
randomly determining, in response to the fifth trigger operation on the random selection control in the role display interface, the role virtual object as the target role from all of the unselected role virtual objects (see Stumblebee at 1:15, 1:52, 2:00 boxes with question mark is random select option) when a preset time period is reached (see Stumblebee at 7:15-7:30, 10:26-10:31, 12:22 timer at bottom of screen; see Vainglory at 0:34-0:41 timer shown in top middle of game screen).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 8am-5pm.
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, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMON J PIERCE/Primary Examiner, Art Unit 3715
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