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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-8, 10-14, 16-18, and 20 of U.S. Patent No. 11,944,910 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite substantially similar subject matter (see charts below). The differences between the instant claims and the patented claims do not result in a substantive difference which would modify the scope of the claimed invention. Thus, the claims only contain nominal differences in language which do not render them patentably distinct from the patented claims.
Application 18/589,040
U.S. Patent 11,944,910 B2
Claim 1 (and similar claim 11). A system that provides modified benefits to one or more users by virtue of the one or more users being included in an affiliation of a discrete group of users within an online game, wherein the affiliation is associated with a first affiliation-specific virtual item, wherein the first affiliation-specific virtual item is usable within the online game by members of the affiliation, the system comprising:
one or more physical processors configured by machine-readable instructions to:
obtain information regarding provision of at least one of resources, currency, and/or one or more virtual items to modify a first value of a first benefit metric of the first affiliation-specific virtual item; and
subsequent to the provision, modify the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 1 (and similar claim 11). A system that provides modified benefits to multiple users by virtue of the multiple users being included in an affiliation of users within an online game, the system comprising:
one or more physical processors configured by machine-readable instructions to:
obtain affiliation information regarding one or more affiliations within the online game, wherein a given affiliation within the online game includes a discrete group of users with a relationship having a functional significance within the online game, wherein the affiliations include a first affiliation that includes a first user and a second user as members, wherein the first affiliation is associated with a first affiliation-specific virtual item, wherein the first affiliation-specific virtual item is usable within the online game by the members of the first affiliation;
obtain information regarding one or more of the users providing at least one of resources, currency, and/or one or more virtual items to modify a first value of a first benefit metric of the first affiliation-specific virtual item; and
modify the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 2 (and similar claim 12). The system of claim 1, wherein the affiliation indicates one or more relationships among the members, having a functional significance within the online game.
Claim 4 (and similar claim 14). The system of claim 1, wherein individual users in the first affiliation that are able to use the first affiliation-specific virtual item have a relationship having a functional significance with other users in the first affiliation.
Claim 3 (and similar claim 13). The system of claim 1, wherein the at least one of the resources, the currency, and/or the one or more virtual items are provided by the members of the affiliation.
Claim 2 (and similar claim 12). The system of claim 1, wherein an amount of modification in the first value is based on one or more of (a) a number of users included in the first affiliation that provide at least one of the resources, the currency, and/or the one or more virtual items to modify the first value of the first benefit metric of the first affiliation-specific virtual item, and/or (b) a number of the one or more virtual items provided.
Claim 4 (and similar claim 14). The system of claim 1, wherein the one or more physical processors are further configured to:
obtain affiliation information regarding the affiliation, wherein the affiliation information pertains to one or more of the members of the affiliation and/or the first affiliation-specific virtual item.
From Claim 1 (and similar claim 11): obtain affiliation information regarding one or more affiliations within the online game, wherein a given affiliation within the online game includes a discrete group of users with a relationship having a functional significance within the online game, wherein the affiliations include a first affiliation that includes a first user and a second user as members, wherein the first affiliation is associated with a first affiliation-specific virtual item, wherein the first affiliation-specific virtual item is usable within the online game by the members of the first affiliation;
Claim 5 (and similar claim 15). The system of claim 1, wherein an amount of modification in the first value is based on one or more of (a) a number of members included in the affiliation that provide at least one of the resources, the currency, and/or the one or more virtual items to modify the first value of the first benefit metric of the first affiliation-specific virtual item, and/or (b) a number of the one or more virtual items provided.
Claim 2 (and similar claim 12). The system of claim 1, wherein an amount of modification in the first value is based on one or more of (a) a number of users included in the first affiliation that provide at least one of the resources, the currency, and/or the one or more virtual items to modify the first value of the first benefit metric of the first affiliation-specific virtual item, and/or (b) a number of the one or more virtual items provided.
Claim 6 (and similar claim 16). The system of claim 1, wherein the first benefit metric of the first affiliation-specific virtual item has one or more discrete benefit level values, and wherein the one or more physical processors are further configured to modify the first value of the first benefit metric from a first benefit level value to a second benefit level value subsequent to a threshold number of the members included in the affiliation providing a threshold number of the one or more virtual items.
Claim 3 (and similar claim 13). The system of claim 1, wherein the first benefit metric of the first affiliation-specific virtual item has one or more discrete benefit level values, and wherein the one or more physical processors are further configured to modify the first value of the first benefit metric from a first benefit level value to a second benefit level value subsequent to a threshold number of the users included in the first affiliation providing a threshold number of the one or more virtual items.
Claim 7 (and similar claim 17). The system of claim 1, wherein individual members in the affiliation have an indication of a priority for using the first affiliation-specific virtual item.
Claim 6 (and similar claim 16). The system of claim 1, wherein individual users in the first affiliation have an indication of a priority for using the first affiliation-specific virtual item.
Claim 8 (and similar claim 18). The system of claim 1, wherein the one or more physical processors are further configured by machine-readable instructions to effectuate presentation of an offer to the members of the affiliation to provide at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 7 (and similar claim 17). The system of claim 1, wherein the one or more physical processors are further configured by machine-readable instructions to effectuate presentation of an offer to the users of the first affiliation to provide at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 9 (and similar claim 19). The system of claim 8, wherein the one or more physical processors are further configured by machine-readable instructions to effectuate one or more presentations of the offer to the members of the affiliation to purchase at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 8 (and similar claim 18). The system of claim 7, wherein the one or more physical processors are further configured by machine-readable instructions to effectuate presentation of the offer to the users of the first affiliation to purchase at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item.
Claim 10 (and similar claim 20). The system of claim 1, wherein the online game takes place in a virtual space, and wherein the first benefit metric of the first affiliation-specific virtual item includes one or more of a resource metric and/or a production attack metric.
Claim 10 (and similar claim 20). The system of claim 1, wherein the online game takes place in a virtual space, and wherein the first benefit metric of the first affiliation-specific virtual item includes one or more of a resource metric and/or a production attack metric.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bambino et al. (US 2014/0206452 A1).
Regarding claims 1 and 11, Bambino discloses a system that provides modified benefits to one or more users by virtue of the one or more users being included in an affiliation of a discrete group of users within an online game, wherein the affiliation is associated with a first affiliation-specific virtual item, wherein the first affiliation-specific virtual item is usable within the online game by members of the affiliation (see par. [0049], Additionally, the partners are working together towards achieving a common goal. In some other viral interactions, a player has a game asset and a friend helps the player in some way, but the helper does not get the same rewards as the player that has the asset in her board. Here, both players act together to achieve a common goal and both players get the same reward, in one embodiment), the system comprising:
one or more physical processors configured by machine-readable instructions (see par. [0011], Operations of the method are executed by a processor) to:
obtain information regarding provision of at least one of resources, currency, and/or one or more virtual items to modify a first value of a first benefit metric of the first affiliation-specific virtual item (see par. [0056], Each social asset has a price, which may be specified in some type of virtual currency…In addition, the player is able to invite a partner to raise the pig; also see par. [0051], Once the player completes the quest to craft the hog chow, the player may feed the pig in operation 206); and
subsequent to the provision, modify the first value of the first benefit metric of the first affiliation-specific virtual item (see par. [0058], FIGS. 3A-3B illustrate embodiments of the different growth stages for a shared social asset, according to one embodiment. In one embodiment, the pig evolution has four stages or states. At each stage, the icon associated with the social asset changes in the game board to indicate that the asset is evolving (e.g., the pig is growing)).
Regarding claims 2 and 12, Bambino discloses wherein the affiliation indicates one or more relationships among the members, having a functional significance within the online game (see par. [0039], In one embodiment, the online game is an online social game, which leverages social relationships between the player and other online game players socially linked to the player. For example, the player may add a neighbor to the game by inviting a friend from a social networking site).
Regarding claims 3 and 13, Bambino discloses wherein the at least one of the resources, the currency, and/or the one or more virtual items are provided by the members of the affiliation (see par. [0074], For description purposes regarding the embodiment of FIG. 6A, there are two players, Player A and Player B, that have partnered to evolve a social asset. In operation 602, Player B feeds the pig).
Regarding claims 4 and 14, Bambino discloses wherein the one or more physical processors are further configured to obtain affiliation information regarding the affiliation, wherein the affiliation information pertains to one or more of the members of the affiliation and/or the first affiliation-specific virtual item (see par. [0039], Once a friend accepts being a neighbor, a social relationship is established in the game where the game played by the player and the game played by the neighbor can interact with each other; the affiliation information would be that the players are neighbors or part of the same neighborhood).
Regarding claims 5 and 15, Bambino discloses wherein an amount of modification in the first value is based on one or more of (a) a number of members included in the affiliation that provide at least one of the resources, the currency, and/or the one or more virtual items to modify the first value of the first benefit metric of the first affiliation-specific virtual item, and/or (b) a number of the one or more virtual items provided (see par. [0083], The social asset task is over 642 when the time allocated to perform the social asset task expires, or when a goal (e.g., reach a minimum weight, feed the pig 20 times, etc.) defined in the social asset task is reached).
Regarding claims 6 and 16, Bambino discloses wherein the first benefit metric of the first affiliation-specific virtual item has one or more discrete benefit level values, and wherein the one or more physical processors are further configured to modify the first value of the first benefit metric from a first benefit level value to a second benefit level value subsequent to a threshold number of the members included in the affiliation providing a threshold number of the one or more virtual items (see par. [0058], FIGS. 3A-3B illustrate embodiments of the different growth stages for a shared social asset, according to one embodiment. In one embodiment, the pig evolution has four stages or states. At each stage, the icon associated with the social asset changes in the game board to indicate that the asset is evolving (e.g., the pig is growing)).
Regarding claims 7 and 17, Bambino discloses wherein individual members in the affiliation have an indication of a priority for using the first affiliation-specific virtual item (see par. [0088], In other embodiments, the final rewards are not the same for all partners. For example, the final rewards may be proportional to the contribution made by each of the partners; hence there would be a hierarchical system of distributing benefits where one player earns priority over another).
Regarding claims 8 and 18, Bambino discloses wherein the one or more physical processors are further configured by machine-readable instructions to effectuate presentation of an offer to the members of the affiliation to provide at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item (see par. [0056], In addition, the player is able to invite a partner to raise the pig; also see par. [0072], In one embodiment, the feed request includes: the name of the requester; a title for the feed request; a message giving details of the help wanted by the friend; information about the feed (e.g., the time that the feed request was posted), and buttons to provide feedback on the feed).
Regarding claims 9 and 19, Bambino discloses wherein the one or more physical processors are further configured by machine-readable instructions to effectuate one or more presentations of the offer to the members of the affiliation to purchase at least one of the resources, the currency, and/or the one or more virtual items for modifying the first value of the first benefit metric of the first affiliation-specific virtual item (see par. [0050], In other embodiment (not shown), the hog chow is available in the market and the player may purchase the hog chow directly using virtual currency; also see par. [0047], In other embodiments, the partners are also asked to pay (e.g., with virtual currency)).
Regarding claims 10 and 20, Bambino discloses wherein the online game takes place in a virtual space, and wherein the first benefit metric of the first affiliation-specific virtual item includes one or more of a resource metric and/or a production attack metric (see fig. 1 and par. [0058], For example, in one embodiment, the size of the pig is related to the weight of the pig, where the image of the pig gradually grows as the pig is fed and gains weight).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Archer et al. (US 2014/0038721 A1), Ronen et al. (US 2013/0190094 A1)
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/ALLEN CHAN/Primary Examiner, Art Unit 3715 3/20/2026