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
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/16/24 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Objections
Claim 1 is objected to because of the following informalities: Applicant is recommended to remove the phrase "for example". Appropriate correction is required.
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.
In the instant application, claim(s) 1, 4 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1, 4 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1, 4 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1,
Prong 1 analysis:
The limitations of “measure acceleration, vibration, or impact generated when the player steps and a foot contacts a floor surface or a ground surface, and detecting spaces extending within certain ranges from one or more sensors, wherein when the player steps in an area corresponding to any of the sensing regions, the step information transmission unit mounted on the stepping leg of the player transmits the step detection signal, when the step detection signal is detected in the sensing region on the outer peripheral portion of the step information reception unit, it is detected that the player steps”, are considered to fall within the certain methods of organizing human activity grouping (managing personal behavior). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping.
Furthermore, dependent claim 4 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Thus, the claim(s) recites an abstract idea.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “step information transmission units individually mounted on respective legs of a player, a built-in sensor such as an acceleration sensor, transmit a step detection signal; and a step information reception unit including sensing regions, provided on sides of an outer peripheral portion of a polygonal housing disposed on the floor surface or the ground surface, the step detection unit includes a communication means configured to transmit step detection information including a detection result of the step detection signal and a position of a step detection area, to a game device through a network by using a communication function incorporated in the unit”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Caritu (2012/0016624) teaches the additional elements of step information transmission unit (Fig 1a, 2a-3c, ¶¶0035, 0040, 0042-0045). Prather (2008/004111) and Okano (6001017) teach the additional elements of a step information reception unit (Prather, Fig 1A-1D, 2A-2B, ¶¶0023-0027, 0029-0033; Okano, Fig 1-3B, col 6, ln 15-49, col 7, ln 18-27).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1, 4, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE.
Therefore, claim(s) 1, 4 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Allowable Subject Matter
Claims 2-3, 5-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/JASON T YEN/Primary Examiner, Art Unit 3715