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
This is in response to the amendments filed on 3/11/26. Claims 1, 4, 5, 8, 11, and 12 have been amended, and claims 10, 13, and 14 were previously cancelled. Claims 1 – 9, 11, 12, and 15 – 22 are pending in the current application.
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 – 32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1: It must be determined whether the invention falls in one of the four statutory categories of invention. Claims 1 – 9 are directed towards a method, (process), and claims 11, 12, and 15 – 22 are directed towards a device, (machine), which are statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
A computer-implemented method for virtual character control, comprising: displaying a game scene in an interface; controlling, responsive to a first operation on a virtual character in the game scene, the virtual character to generate a sub-character; determining, based on the first operation, an initial moving direction of the sub- character; adjusting, while the sub-character is moving along the initial moving direction determined at a time of the sub-character being generated, a real-time moving direction of the sub-character during moving responsive to a second operation on the sub- character, allowing for the sub-character to move to a sub-character target position along the real-time moving direction, wherein the first operation and the second operation are different parts of a same operation; and controlling, responsive to a third operation on the virtual character, the virtual character to move to the sub-character target position.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claims 11 and 12. Dependent claims 2 – 9 and 15 - 22, further define the abstract idea or relate to the implementation of the abstract idea. The abstract idea is defined in at least the following grouping below:
Certain methods of organizing human activity (rules for conducting a game)
Mental processes (observation, evaluation, judgment)
The claims are directed towards an abstract idea of rules for conducting a game which falls into the category of organizing human activity, (See MPEP 2106/04(a)(2)(II)(C)). More specifically, the claimed invention recites a gaming system that executes a video game wherein players control a game character to progress through the game. Controlling a video game that allows a player to progress through the video game represents managing personal behavior. This also represents following rules/instructions that define how the game is conducted.
The claims are also directed towards a series of steps which can practically be performed by one or more human, which fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention is drawn towards a player controlling a game character to progress through the game. The claims recite instructions for controlling a video game with these features. Here, a human can observe the moving direction of game characters and determine the target of the game characters. Therefore, since the claimed invention can practically be performed in the human mind, it represents an ineligible abstract mental process.
The claims recite a generic terminal and an interface along with instructions that generate and present a video game to a player, wherein said player is instructed to control a game character to progress through the game, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite an interface, a processor, memory, and a bus, (see claims 11 and 12), and game characters associated with a player, however, viewed as a whole, these additional elements, including the displaying and controlling of game characters in a virtual game, as shown in the cited prior at Sims 4, are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
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 – 9, 11, 12, and 15 – 22 are rejected under 35 U.S.C. 102(a) as being anticipated by the video game The Sims 4, (hereinafter Sims).
Regarding claims 1, 11, and 12 Sims discloses a computer-implemented method for virtual character control, (0:00 – 21:12 of SIMS), comprising displaying a game scene in an interface, (0:00 – 21:12 of SIMS), controlling, responsive to a first operation on a virtual character in the game scene, the virtual character to generate a sub-character, (14:00 – 14:30 of SIMS), determining, based on the first operation, an initial moving direction of the sub-character, (15:15 – 16:12 of SIMS), adjusting, while the sub-character is moving along the initial moving direction, determined at a time of the sub-character being generated, a real-time moving direction of the sub-character during moving responsive to a second operation on the sub-character, shown in the figure below.
Fig. 1
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Wherein the Examiner views the sub-character, (the child), being generated and rising out of the baby carriage, as being equivalent to determining a real-time moving direction of the sub-character at a time of the sub-character being generated in response to a second operation on the sub-character. The second operation of the sub-character shown in the figure below, (selection of “age up” option).
Fig. 2
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Sims further discloses allowing for the sub-character to move to a sub-character target position along the real- time moving direction, shown in the figure below.
Fig. 3
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Wherein the Examiner views the child leaving the baby carriage and moving to stand in front of the first virtual character as being equivalent to allowing the sub-character to move to a sub-character position, wherein the first operation, (to generate a sub-character), and the second operation, (the actual generation of the sub-character), as being equivalent to the first operation second operations being different parts of a same operation.
Sims further discloses controlling, responsive to a third operation on the virtual character, the virtual character to move to the sub-character target position, (19:50 – 20:04 of SIMS).
Regarding claim 2, Sims discloses wherein after controlling, responsive to the first operation on the virtual character in the game scene, the virtual character to generate the sub- character, the method comprises: controlling, responsive to a fourth operation applied on a preset move icon with respect to the virtual character, the virtual character to act while the sub-character is moving, wherein the preset move icon is an identifier of a move control for controlling the virtual character to act, (19:50 – 20:04 of SIMS).
Regarding claim 3, Sims discloses wherein controlling, responsive to the third operation on the virtual character, the virtual character to move to the sub- character target position comprises: determining, upon reception of the third operation on the virtual character, a character position where the virtual character is located and a sub-character target position where the sub- character stops moving; and controlling, responsive to the third operation, to not display the virtual character at the character position and to not display the sub-character at the sub-character target position, and controlling to display the virtual character at the sub-character target position to replace the sub- character, (19:50 – 20:04 of SIMS).
Regarding claims 4 – 9 and 16 – 22, Sims discloses wherein in a case that the second operation is a first sliding operation, adjusting, while the sub-character is moving along the initial moving direction, the real-time moving direction of the moving sub- character responsive to the second operation on the sub-character, allowing for the sub-character to move to the sub-character target position along the real-time moving direction comprises: obtaining, upon detecting the first sliding operation applied on a preset skill icon, a preset icon position of the preset skill icon in a graphical user interface, wherein the preset skill icon is an identifier of a skill control for generating the sub-character; obtaining, while the preset skill icon is moving with the first sliding operation, a real-time icon position of the preset skill icon; and adjusting, while the sub-character is moving along the initial moving direction, a real-time moving direction of the moving sub-character based on the present icon position and the real-time icon position, allowing for the sub-character to move to the sub-character target position along the real-time moving direction, (19:50 – 20:04 of SIMS).
Regarding claim 11, Sims discloses an electronic device, comprising: a processor, a memory, and a bus, wherein machine-readable instructions executable by the processor are stored in the memory, and when the electronic device is operating, the processor and the memory communicate via the bus, the machine-readable instructions, when being executed by the processor cause the electronic device to display a game scene in an interface, (0:00 – 21:12 of SIMS), controlling, responsive to a first operation on a virtual character in the game scene, the virtual character to generate a sub-character, (14:00 – 14:30 of SIMS), determining, based on the first operation, an initial moving direction of the sub-character, (15:15 – 16:12 of SIMS), adjusting, while the sub-character is moving along the initial moving direction, a real-time moving direction of the sub-character during moving responsive to a second operation on the sub-character, allowing for the sub-character to move to a sub-character target position along the real- time moving direction; and controlling, responsive to a third operation on the virtual character, the virtual character to move to the sub-character target position, (19:50 – 20:04 of SIMS).
Regarding claim 12, Sims discloses A non-transitory computer-readable storage medium, having a computer program stored thereon, which, when being executed by a processor, cause the processor to display a game scene in an interface, (0:00 – 21:12 of SIMS), controlling, responsive to a first operation on a virtual character in the game scene, the virtual character to generate a sub-character, (14:00 – 14:30 of SIMS), determining, based on the first operation, an initial moving direction of the sub-character, (15:15 – 16:12 of SIMS), adjusting, while the sub-character is moving along the initial moving direction, a real-time moving direction of the sub-character during moving responsive to a second operation on the sub-character, allowing for the sub-character to move to a sub-character target position along the real- time moving direction; and controlling, responsive to a third operation on the virtual character, the virtual character to move to the sub-character target position, (19:50 – 20:04 of SIMS).
Regarding claim 15, Sims discloses wherein the machine-readable instructions, when being executed by the processor, further cause the electronic device to: control, responsive to a fourth operation applied on a preset move icon with respect to the virtual character, the virtual character to act while the sub-character is moving, wherein the preset move icon is an identifier of a move control for controlling the virtual character to act, (5:37 – 5:50 of SIMS).
Response to Arguments
Applicant's arguments filed on 3/11/26 have been fully considered but they are not persuasive. Regarding the 101 rejection of1 – 9, 11, 12, and 15 – 22 , Applicants argue that, regarding claim 1, “amended claim 1 is integrated into a practical application”, the “features amount to a technical improvement in the state of the art”, and the additional elements “amount to significantly more than the judicial exception”. The Examiner respectfully disagrees. The claims are directed towards controlling game characters to progress through a video game and determining the moving direction of said characters as the characters in game scenes of the video game. . Controlling a video game that allows a player to control a game character to progress through the video game represents managing personal behavior, which suggests that the invention is directed to organizing human activities, as discussed in Alice and Bilski v. Kappos. The controlling of game characters in a video game to progress through the game are merely instructions or steps which are viewed as no more than instructions to implement a judicial exception. The control of video game characters do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). As currently claimed, there is no indication that the combination of elements, (i.e. interface, processor, memory), improve the functioning of a computer or improves any other technology. Their collective functions provide conventional computer implementation of an abstract process. For these reasons, the Examiner maintains that the claims are not patent-eligible under 35 USC 101.
With respect to the 102 rejection of claims 1 – 9, 11, 12, and 15 – 22, Applicants argue that “Sims 4 fails to disclose or suggest at least the recited features of amended claim 1”. The Examiner respectfully disagrees. As cited above, Sims discloses determining, based on the first operation, an initial moving direction of the sub-character" and "adjusting, while the sub-character is moving along the initial moving direction determined at a time of the sub-character being generated, (see fig.1 above), a real-time moving direction of the sub-character responsive to a second operation, (see fig. 2 above), and allowing for the sub-character to move to a sub-character target position along the real-time moving direction, wherein the first operation and the second operation are different parts of a same operation, (see fig. 3 above), wherein the Examiner views the child leaving the baby carriage and moving to stand in front of the first virtual character as being equivalent to allowing the sub-character to move to a sub-character position, wherein the first operation, (to generate a sub-character), and the second operation, (the actual generation of the sub-character), as being equivalent to the first operation second operations being different parts of a same operation. Therefore, the Examiner maintains that Sims anticipates the present invention as claimed.
THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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/E.M.T/Examiner, Art Unit 3715
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715
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