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 .
Status of Claims
In response to the Amendment filed on December 20th, 2023, claims 4, 6-9, 11, and 14 have been amended. Claims 10, 12, and 13 have been cancelled. Claims 15-23 are newly added. Claims 1-9, 11, and 14-23 are currently pending.
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 14 and 23 are rejected under 35 U.S.C. 101 because the claims are directed to non-statutory subject matter.
Claims 14 and 23 recite “a computer program product comprising a computer program”. Using its broadest reasonable interpretation, a computer program product comprising a computer program (i.e. a software program or computer readable media) would include transitory data signals, which does not fall within a statutory category. Further, Applicant’s disclosure does not limit the claimed computer program product to embodiments which are statutory (see Spec. par. [0191], The computer program product may be embodied in hardware, software, or a combination thereof) (see MPEP 2106.03, Section II. ELIGIBILITY STEP 1: WHETHER A CLAIM IS TO A STATUTORY CATEGORY, “For example, the BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). When the BRI encompasses transitory forms of signal transmission, a rejection under 35 U.S.C. 101 as failing to claim statutory subject matter would be appropriate. Thus, a claim to a computer readable medium that can be a compact disc or a carrier wave covers a non-statutory embodiment and therefore should be rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. See, e.g., Mentor Graphics v. EVE-USA, Inc., 851 F.3d at 1294-95, 112 USPQ2d at 1134 (claims to a "machine-readable medium" were non-statutory, because their scope encompassed both statutory random-access memory and non-statutory carrier waves).). To overcome the rejection, Applicant should amend claims 14 and 23 to recite “a non-transitory computer program product comprising a computer program”.
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.
Claim(s) 1, 2, 4, 5, 8, 9, 11, 14, 15, 17, 18, and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2020/0298123 A1).
Regarding claims 1, 11, and 14, Yang discloses a game controlling method applied to a terminal provided with a graphic user interface having displayed therein at least a part of a game scene and a target virtual character in the game scene (see fig. 5), the target virtual character being provided with an item backpack for storing virtual items (see par. [0045], the virtual container may be a backpack corresponding to the virtual control object in the virtual scene), an equipment bar for equipping weapon equipment (see fig. 5, displays equipped weapons), and a toolbar for equipping survival tools (see fig. 5, displays energy drink), the method comprising:
in a case where the target virtual character acquires a survival tool, adding the survival tool into the toolbar in response to a user's first preset operation for the survival tool (see par. [0053], For example, the attribute value of the virtual control object includes the health point, and the plurality of virtual items that have been acquired by the virtual control object include energy drinks, painkillers, epinephrine, bandages, first-aid kits, and health kits; also see par. [0054], After the first virtual item matching the target condition is selected from the plurality of virtual items acquired by the virtual control object, the terminal displays an identifier of the first virtual item in the virtual scene of the client);
in a case where the target virtual character triggers a target survival project, providing, in the graphical user interface, a survival activity control matched with the target survival project if a target survival tool adapted to the target survival project has been added in the toolbar (see par. [0159], In the TPS scene, when a health point of a virtual control object corresponding to a gamer is between 75% and 100%, an optimal energy drink in a shortcut use bar is quickly recommended to the virtual control object corresponding to the gamer, and a quantity of energy drinks is displayed, for example, the quantity is 6, so that the virtual control object corresponding to the gamer can quickly use health replenishing medicine in the shortcut use bar); and
controlling the target virtual character to complete the target survival project in response to a second preset operation for the survival activity control (see par. [0064], the gamer may actively select, according to preferences and requirements, the virtual item to be used by the virtual control object in the virtual scene).
Regarding claims 2, 15, and 23, Yang discloses wherein the method further comprises presenting the toolbar and a plurality of the survival tools added in the toolbar in response to a third preset operation for the target virtual character; and presenting tool information of the survival tool at a location corresponding to the survival tool (see fig. 5, displays energy drink and other equipment at designated locations in the interface).
Regarding claims 4 and 17, Yang discloses wherein the toolbar comprises an equipment area and a storage area, the method further comprises moving the survival tool in the equipment area into the storage area to unload the survival tool in response to a fourth preset operation for the survival tool in the equipment area; and/or moving the survival tool in the storage area into the equipment area to equip the survival tool in response to a fifth preset operation for the survival tool in the storage area (see par. [0105], The system rearranges current items in the backpack corresponding to the gamer whenever the health point of the virtual control object changes within different thresholds, and the most suitable virtual item is placed in the shortcut use bar for display, so that the gamer can click and use the virtual item rapidly when needing the virtual item in the shortcut use bar. When the health point of the virtual control object corresponding to the gamer changes within the threshold, a plurality of items in the backpack are arranged in the same order).
Regarding claims 5 and 18, Yang discloses wherein after determining that a target survival tool adapted to the target survival project has been added in the toolbar, the method further comprises switching the target survival tool to the equipment area so that the target virtual character is equipped with the survival tool if the target survival tool at located in the storage area (see par. [0105], The system rearranges current items in the backpack corresponding to the gamer whenever the health point of the virtual control object changes within different thresholds, and the most suitable virtual item is placed in the shortcut use bar for display, so that the gamer can click and use the virtual item rapidly when needing the virtual item in the shortcut use bar. When the health point of the virtual control object corresponding to the gamer changes within the threshold, a plurality of items in the backpack are arranged in the same order).
Regarding claims 8 and 21, Yang discloses wherein in a case where the target virtual character acquires a survival tool, adding the survival tool into the toolbar in response to a user's first preset operation for the survival tool comprises in a case where the target virtual character acquires the survival tool, adding the survival tool into the item backpack; and adding the survival tool into the toolbar in response to the user's first preset operation for the survival tool in the item backpack (see par. [0045], The plurality of virtual items acquired by the virtual control object may be a plurality of virtual items that are already picked up by the virtual control object in the virtual scene and that are stored in a virtual container in the virtual scene, and the virtual container may be a backpack corresponding to the virtual control object in the virtual scene; also see par. [0159], In the TPS scene, when a health point of a virtual control object corresponding to a gamer is between 75% and 100%, an optimal energy drink in a shortcut use bar is quickly recommended to the virtual control object corresponding to the gamer, and a quantity of energy drinks is displayed, for example, the quantity is 6, so that the virtual control object corresponding to the gamer can quickly use health replenishing medicine in the shortcut use bar).
Regarding claims 9 and 22, Yang discloses wherein the controlling the target virtual character to complete the target survival project in response to a second preset operation for the survival activity control comprises controlling the target virtual character to switch a piece of equipment in use to the target survival tool in response to the second preset operation for the survival activity control; and controlling the target virtual character to use the target survival tool to complete project content of the target survival project (see par. [0105], The system rearranges current items in the backpack corresponding to the gamer whenever the health point of the virtual control object changes within different thresholds, and the most suitable virtual item is placed in the shortcut use bar for display, so that the gamer can click and use the virtual item rapidly when needing the virtual item in the shortcut use bar. When the health point of the virtual control object corresponding to the gamer changes within the threshold, a plurality of items in the backpack are arranged in the same order).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3, 6, 16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2020/0298123 A1) in view of Gu et al. (CN112870709A; machine translation provided).
Regarding claims 3 and 16, Yang discloses wherein after the presenting the toolbar and a plurality of the survival tools added in the toolbar in response to a third preset operation for the target virtual character, the method further comprises providing a tool appearance displaying control in the toolbar (see fig. 5, displays energy drink and other equipment at designated locations in the interface).
However, Yang does not explicitly disclose displaying a character image of the target virtual character provided with the survival tool in response to triggering the tool appearance displaying control.
Gu teaches a survival game including displaying a character image of the target virtual character provided with the survival tool in response to triggering the tool appearance displaying control (see pg. 11, 3rd par., Optionally, when the main weapon is shooting props and the secondary weapon is throwing props, the prop combination animation may be: the target virtual object takes out the throwing props (such as grenades) from the backpack behind him, and inserts the throwing props into the shooting class The item (such as a rifle) is placed in the card slot below the barrel, and then the combined action is completed to obtain the target virtual item). It would have been obvious to one of ordinary skill in the art to combine the method of Yang with the animation effects of Gu in order to achieve virtual reality and realism during gameplay (see Gu, pg. 5, 5th par.).
Regarding claims 6 and 19, Yang discloses wherein the method further comprises detecting scene information in a game scene where the target virtual character is located, the scene information comprises at least one of location information, environment information, and game progress information; determining at least one of the survival tools out of the toolbar adapted to the scene information; and providing the determined at least one of the survival tools in the equipment area (see par. [0159], In the TPS scene, when a health point of a virtual control object corresponding to a gamer is between 75% and 100%, an optimal energy drink in a shortcut use bar is quickly recommended to the virtual control object corresponding to the gamer, and a quantity of energy drinks is displayed, for example, the quantity is 6, so that the virtual control object corresponding to the gamer can quickly use health replenishing medicine in the shortcut use bar).
However, Yang does not explicitly disclose the environmental information comprises one or more of a cold environment, a hot environment, a dark environment, a highly toxic environment, a windy environment, a rainy and snowy environment, and an arid environment.
Gu teaches a survival game where the environmental information comprises one or more of a cold environment, a hot environment, a dark environment, a highly toxic environment, a windy environment, a rainy and snowy environment, and an arid environment (see pg. 5, 5th par., The virtual objects avoid damage initiated by other virtual objects and the dangers in the virtual scene (such as gas circles, swamps, etc.) to achieve the virtual reality. The purpose of survival in the scene, when the life value of the virtual object in the virtual scene is zero, the life of the virtual object in the virtual scene ends, and the virtual object that finally survives in the virtual scene is the winner). It would have been obvious to one of ordinary skill in the art to combine the method of Yang with the environment information of Gu in order to achieve virtual reality and realism during gameplay (see Gu, pg. 5, 5th par.).
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2020/0298123 A1) in view of Kwon Min Kwan et al. (KR102113725B1; machine translation provided).
Regarding claims 7 and 20, Yang discloses the method as discussed above. However, Yang does not explicitly disclose wherein in a case where the target virtual character acquires a survival tool, adding the survival tool into the toolbar in response to a user's first preset operation for the survival tool comprises in a case where the target virtual character acquires the survival tool, detecting whether there is a vacant bar location in the toolbar; and adding the survival tool into the toolbar if there is the vacant bar location in the toolbar.
Kwon Min Kwan teaches game software wherein in a case where the target virtual character acquires a survival tool, adding the survival tool into the toolbar in response to a user's first preset operation for the survival tool comprises in a case where the target virtual character acquires the survival tool, detecting whether there is a vacant bar location in the toolbar; and adding the survival tool into the toolbar if there is the vacant bar location in the toolbar (see par. [0097], For example, if the game character wears (or acquires) gloves, the game terminal 110 may display or fill gloves in the slot corresponding to the gloves, and if the game character does not wear (or acquire) shoes, corresponding to the shoes When the slot is empty and the game character wears (or acquires) a belt, the belt corresponding to the belt can be marked or filled). It would have been obvious to one of ordinary skill in the art to combine the method of Yang with the vacant slots of Kwon Min Kwan so that the player can see what equipment is currently available for use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pan et al. (US 2021/0294472 A1), Tian et al. (US 2021/0291054 A1), Nishioka (US 6,379,253 B1)
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/ALLEN CHAN/Primary Examiner, Art Unit 3715 11/29/2025