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 .
Priority
Acknowledgment is made of Applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 5/13/2026 is acknowledged. Claims 7-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/13/2026.
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 4 and 5 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 4 recites “wherein the first state is a state in which the game does not accept no operation input regarding the character.” Given the grammatical error and double-negative, it is unclear whether the device in the first state accepts or does not accept operation inputs. For purposes of this action, claim 4 is interpreted such that the game does not accept operation inputs. Appropriate correction is required. Claim 5 is similarly rejected based on its dependency on claim 4.
Claim Rejections - 35 USC § 102
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 1-6 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0016491 to Kitsugi et al. (hereinafter Kitsugi).
Regarding claims 1 and 16, Kitsugi teaches a game device and computer-readable storage medium for playing a game accompanied by display of a character (e.g., the presentation control unit 105 controls drawing so as to arrange an appropriate background or item as needed or display a GUI on the game screen in accordance with the progress state of the game in ¶ 33), the game device comprising:
an operation input interface (e.g., operation input unit 106 in Fig. 2);
a management circuit configured to manage a time (e.g., a built-in clock of game device 100 in ¶ 129);
a setting circuit configured to set a state of the character (e.g., the control unit 101 determines whether the target character is in a sleep state in ¶ 133);
a communication interface configured to communicate with an external device (e.g., first or second communication units 107, 108 in Fig. 2; see also ¶¶ 78-80 discussing control of data transmission processes); and
a controller configured to control an operation of the communication interface (e.g., control unit 101 in Fig. 2),
wherein the setting circuit is configured to set the state of the character to a first state when a current time falls within a predetermined time zone (see at least ¶ 129 discussing the adjustment of the built-in clock time to be set with a specific time zone that controls when the target character is to be in a particular state, wherein the system “may be configured so that the built-in clock of the game device 100 can be changed and set to a time different from the actual time, and determination as to whether the target character is to be in a sleep state may be performed with reference to the time indicated by the built-in clock that is changed and set”) and
wherein the controller is configured to enable the communication interface to communicate with the external device on a condition that the current time falls within the predetermined time zone and the state of the character is the first state (see at least Fig. 9 and ¶¶ 131-136, showing that the control unit 101 determines whether the target character is in a sleep state based on whether the current time indicated by the built-in clock of the game device 100 is within a time period during which the target character is to be in a sleep state at step 902; when the character is in the sleep state, communication is not allowed at step 905, but when the character is not in the sleep state, i.e., is in the awake state, communication is allowed at step 904).
Regarding claim 2, Kitsugi teaches wherein the predetermined time zone is configured to come in a daily cycle (e.g., the target character is in a sleep state during nighttime hours in ¶ 127, and by extension, the awake state follows a daily cycle during the daytime hours).
Regarding claim 3, Kitsugi teaches wherein the controller is further configured to enable the communication interface to communicate with the external device on a condition that a predetermined time has elapsed since a recent communication with the external device by the communication interface (e.g., the predetermined nighttime hours have elapsed in ¶ 127, thus allowing the player to resume playing during the daytime hours).
Regarding claim 4, Kitsugi teaches wherein the first state is a state in which the game does not accept operation input regarding the character (see Fig. 7 and descriptions thereof, showing that an absence display is provided on the game device while the user plays the game on a smartphone such that the target character is controlled so as to be displayed only on the terminal display unit 210 of the smartphone 200 in ¶ 113). In this case, the device 100 does not accept inputs regarding the character, but the character is not in the sleep state (i.e., is in the awake state) as determined by the time zone.
Regarding claim 5, Kitsugi teaches wherein the game is a game that control regarding the character is performed in response to an operation input regarding the character, when the state of the character is a second state different from the first state (e.g., the player can interact with the character on the game device 100 when played without the smartphone).
Regarding claim 6, Kitsugi teaches wherein the communication interface is configured to perform communication wirelessly, and wherein the controller is further configured to enable the communication interface to communicate with the external device, on a condition that information on an access point of the communication interface is set (e.g., the second communication unit 108 may use a wireless communication method in ¶ 39, which may allow communication with various access points such as distribution station 1000 in ¶¶ 143-146).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed on the attached Notice of References Cited. For instance, US 6213871 teaches a simulation apparatus for nurturing a virtual creature for growing the creature while training it by a player. Additionally, US 8540570 teaches an online game with a mechanic for combining virtual objects such as virtual animals. Finally, US 20040204127 to Forlines et al. teaches a method for rendering with composited images of virtual animals on a cellular telephone.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MCCULLOCH whose telephone number is (571)272-2818. The examiner can normally be reached M-F 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM H MCCULLOCH JR/Primary Examiner, Art Unit 3715
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