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 .
Information Disclosure Statement
The information disclosure statements entered on March 26th, 2024 and November 19th, 2024 have been considered. A copy of the cited statement(s) including the notation indicating its respective consideration is attached for the Applicant's records.
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention as a whole, considering all claim elements both individually and in combination, is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As summarized in MPEP § 2106, subject matter eligibility is determined based on a Two-Part Analysis for Judicial Exceptions. In Step 1, it must be determined whether the claimed invention is directed to a process, machine, manufacture or composition of matter. The instant application includes claims concerning a non-transitory computer-readable storage medium (i.e. a manufacture) in claim 1-8, an information processing system/apparatus (i.e., a machine) in claims 9-10, and an information processing method (i.e., a process) in claims 11.
In Prong 1 of Step 2A, it must be determined whether the claimed invention recites an Abstract Idea, Law of Nature or a Natural Phenomenon.
In particular exemplary presented claim 1 includes the following underlined claim elements:
1. A non-transitory computer-readable storage medium having stored with an information processing program executable by a computer of an information processing apparatus that is capable of executing a game and comprises one or more processors, wherein the information processing program causes the one or more processors of the computer to execute:
making a character object utilized in the game perform a predetermined action;
acquiring operation input data to an operation input portion by a player;
judging, during a time period that the character object executes the predetermined action, whether an operation input by the player is performed on a timing that is associated in advance with the predetermined action, based on the operation input data;
updating a game situation of the game with a first manner when it is judged that the operation input by the player is not performed on the timing, and updating the game situation of the game with a second manner different from the first manner when it is judged that the operation input by the player is performed on the timing;
presenting, on the timing, a guide corresponding to the timing when a guide presentation flag is turned on;
storing number of success times that the operation input by the player is performed on the timing, in a storage; and
turning the guide presentation flag off when the number of success times satisfies a first change condition.
The claim elements underlined above, concern the court enumerated abstract ideas of Mental Processes including observation, evaluation, and judgement because the claims are directed to series of steps for observing and evaluating user inputs and providing feedback based thereon as well as Certain Methods of Organizing Human Activity including managing personal behavior including interactions between people including social activities and following rules or instructions because the claims set forth the interactions involving one or more parties in the context of a game interface.
As the exemplary claim recites an Abstract Idea, Law of Nature or a Natural Phenomenon it is further considered under Prong 2 of Step 2A to determine if the claim recites additional elements that would integrate the judicial exception into a practical application. Wherein the practical applications are set forth by MPEP §2106.05(a-c,e) are broadly directed to: the improvement in technology, use of a particular machine and applying or using the judicial exception in a meaningful way beyond generally linking the use thereof to a technology environment. Limitations that explicitly do not support the integration of the judicial exception in to a practical application are defined by MPEP 2106.05(f-h) and include merely using a computer to implement the abstract idea, insignificant extra solution activity, and generally linking the use of the judicial exception to a particular technology environment or field of use.
With respect to the above the claimed invention is not integrated into a practical application because it does not meet the criteria of MPEP §2106.05(a-c,e) and although it is performed on a storage medium, and a computer of an information processing apparatus including a computer comprising one or more processors, it is not directed to a particular machine because the hardware elements are not linked to a specific device/machine and would reasonably include other devices such as generic computers, smart phones, game consoles, and the like. Accordingly, the claims limitations are not indicative of the integration of the identified judicial exception into a practical application, and the consideration of patent eligibility continues to step 2B.
Step 2B requires that if the claim encompasses a judicially recognized exception, it must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception. The additional element(s) or combination of elements in the claim(s) other than the abstract idea(s) per se including a storage medium, and a computer of an information processing apparatus including a computer comprising one or more processors, amount(s) to no more than: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structures that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry per the applicant’s description (Applicant’s specification Pages 1-2, and 9-12). Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Accordingly, as presented the claimed invention when considered as a whole amounts to the mere instructions to implement an abstract idea [i.e. software or equivalent process steps] on a generic computer [i.e. controller or processor] without causing the improvement of the generic computer or another technology field.
The applicant’s specification is further noted as supporting the above rejection wherein neither the abstract idea nor the associated generic computer structure as claimed are disclosed as improving another technological field, improvements to the function of the computer itself, or meaningfully linking the use of an abstract idea to a particular technological environment (Applicant’s specification Pages 1-2, and 9-12). In particular the applicant’s specification only contains computing elements which are conventional and generally widely known in the field of the invention described, and accordingly their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art per the requirements of 37 CFR 1.71. Were these elements of the applicant’s invention to be presented in the future as non-conventional and non-generic involvement of a computing structure, such would stand at odds with the disclosure of the applicant's invention as found in their specification as originally filed.
“[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implemen[t]’ an abstract idea ‘on . . .a computer,’ . . . that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132S. Ct. at 1301). In this case, the claims recite a generic computer implementation of the covered abstract idea.
The remaining presented claims 2-11 incorporate substantially similar abstract concepts as noted with respect to the exemplary claim 1, while the additional elements recited by the additional claims including one or more of a storage medium, and a computer of an information processing apparatus including a computer comprising one or more processors, as respectively presented in certain claims that when considered both individually and as a whole in the respective combinations of each of the additional claims are not sufficient to support patent eligibility under prong 2 of step 2A or step 2B because they each present substantially similar abstract concepts as noted with reflection to exemplary claim 1 above and accordingly for the same reasons set forth above with respect to the exemplary claim 1 are similarly directed to or otherwise include abstract ideas.
Therefore, the listed claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 1-4 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aghdaie et al (US 10,279,264).
Claim 1: Aghdaie teaches a non-transitory computer-readable storage medium having stored with an information processing program executable by a computer of an information processing apparatus that is capable of executing a game and comprises one or more processors (Aghdaie Abstract; Figure 9; Col 2:5-31, 22:42-24:15), wherein the information processing program causes the one or more processors of the computer to execute:
making a character object utilized in the game perform a predetermined action (Aghdaie Col 3:6-54);
acquiring operation input data to an operation input portion by a player (Aghdaie Col 3:6-54);
judging, during a time period that the character object executes the predetermined action, whether an operation input by the player is performed on a timing that is associated in advance with the predetermined action, based on the operation input data (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
updating a game situation of the game with a first manner when it is judged that the operation input by the player is not performed on the timing, and updating the game situation of the game with a second manner different from the first manner when it is judged that the operation input by the player is performed on the timing (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
presenting, on the timing, a guide corresponding to the timing when a guide presentation flag is turned on (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
storing number of success times that the operation input by the player is performed on the timing, in a storage (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54); and
turning the guide presentation flag off when the number of success times satisfies a first change condition (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54).
Claim 2: Aghdaie teaches the storage medium according to claim 1, wherein the information processing program causes the one or more processors to execute:
storing number of failure times that the operation input by the player is not performed on the timing, in the storage (Aghdaie Col 9:31-10:7); and
turning the guide presentation flag on when the number of failure times that the operation input by the player is not performed on the timing satisfies a second change condition after turning the guide presentation flag off (Aghdaie Col 9:31-10:7).
Claim 3: Aghdaie teaches the storage medium according to claim 1, wherein the information processing program causes the one or more processors to execute:
updating the game situation based on one predetermined action among a plurality of predetermined actions (Aghdaie Col 9:31-10:7); and
storing the number of success times in the storage for each of the plurality of actions (Aghdaie Col 9:31-10:7).
Claim 4: Aghdaie teaches the storage medium according to claim 1, wherein the information processing program causes the one or more processors to execute: updating the game situation in favor of the player in a case where it is judged that the operation input is performed on the timing compared to a case where it is not judged that the operation input is performed on the timing(- including removing the tutorial information when not needed- Aghdaie Col 9:31-10:7).
Claim 9: Aghdaie teaches an information processing system capable of executing a game, wherein the information processing system causes one or more processors (Abstract; Figure 9; Col 2:5-31, 22:42-24:15) to execute:
making a character object utilized in the game perform a predetermined action (Aghdaie Col 3:6-54);
acquiring operation input data to an operation input portion by a player (Aghdaie Col 3:6-54);
judging, during a time period that the character object executes the predetermined action, whether an operation input by the player is performed on a timing that is associated in advance with the predetermined action, based on the operation input data (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
updating a game situation of the game with a first manner when it is judged that the operation input by the player is not performed on the timing, and updating the game situation of the game with a second manner different from the first manner when it is judged that the operation input by the player is performed on the timing (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
presenting, on the timing, a guide corresponding to the timing when a guide presentation flag is turned on (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
storing number of success times that the operation input by the player is performed on the timing, in a storage (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54); and
turning the guide presentation flag off when the number of success times satisfies a first change condition (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54).
Claim 10: Aghdaie teaches an information processing apparatus that is capable of executing a game and causes one or more processors of the information processing apparatus (Aghdaie Abstract; Figure 9; Col 2:5-31, 22:42-24:15) to execute:
making a character object utilized in the game perform a predetermined action (Aghdaie Col 3:6-54);
acquiring operation input data to an operation input portion by a player (Aghdaie Col 3:6-54);
judging, during a time period that the character object executes the predetermined action, whether an operation input by the player is performed on a timing that is associated in advance with the predetermined action, based on the operation input data (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
updating a game situation of the game with a first manner when it is judged that the operation input by the player is not performed on the timing, and updating the game situation of the game with a second manner different from the first manner when it is judged that the operation input by the player is performed on the timing (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
presenting, on the timing, a guide corresponding to the timing when a guide presentation flag is turned on (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
storing number of success times that the operation input by the player is performed on the timing, in a storage (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54); and
turning the guide presentation flag off when the number of success times satisfies a first change condition (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54).
Claim 11: Aghdaie teaches an information processing method of an inform processing apparatus capable of executing a game, wherein a computer of the information processing apparatus (Aghdaie Abstract; Figure 9; Col 2:5-31, 22:42-24:15) executes:
making a character object utilized in the game perform a predetermined action (Aghdaie Col 3:6-54);
acquiring operation input data to an operation input portion by a player (Aghdaie Col 3:6-54);
judging, during a time period that the character object executes the predetermined action, whether an operation input by the player is performed on a timing that is associated in advance with the predetermined action, based on the operation input data (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
updating a game situation of the game with a first manner when it is judged that the operation input by the player is not performed on the timing, and updating the game situation of the game with a second manner different from the first manner when it is judged that the operation input by the player is performed on the timing (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
presenting, on the timing, a guide corresponding to the timing when a guide presentation flag is turned on (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54);
storing number of success times that the operation input by the player is performed on the timing, in a storage (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54); and
turning the guide presentation flag off when the number of success times satisfies a first change condition (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Aghdaie et al (US 10,279,264) as applied to claim 1-4 and 9-11 above, and further in view of Tabata (US 9,254,441) .
Claim 5: The combination of Aghdaie & Tabata teaches the storage medium according to claim 1, wherein the game is a game that an enemy character object and the character object engage a battle, wherein the information processing program causes the one or more processors to execute: updating the game situation by changing a life parameter associated with the enemy character object by using a first value corresponding to the predetermined action(-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55).
Aghdaie teaches the invention including the judging the players ability to control a game character perform moves including attacks during game play (Aghdaie Col 3:34-4:11, 4:61-5:5; 7:63-8:16). While Aghdaie does not explicitly teach that timing of the attack/interaction changes the life parameters of players , Tabata teaches that this feature was known before the earliest effective filing date of the claimed invention, in an analogous teaching (-hit points- Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have incorporated the effects of timing on the attack/interaction changes the life parameters of players as taught by Tabata in the invention of Aghdaie in order to provide the expected and predictable results of further rewarding players executing perfect timing with enhanced game progress.
Claim 6: The combination of Aghdaie & Tabata teaches the storage medium according to claim 5, wherein the information processing program causes the one or more processors to execute: updating the game situation by changing the life parameter by using a value larger than the first value in the case where it is judged that the operation input by the player is performed on the timing (-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55).
Claim 7: The combination of Aghdaie & Tabata teaches the storage medium according to claim 5, wherein the information processing program causes the one or more processors to execute:
making the enemy character object execute an enemy character action (Aghdaie Col 3:6-54, 7:63-8:16);
judging, during a time period that the enemy character object executes the enemy character action, whether an operation input by the player is performed on a timing that is associated in advance with the enemy action, based on the operation input data (-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55);
updating the life parameter associated with the character object by using a second value corresponding to the enemy character action in a case where the operation input is not performed(-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55);
updating the game situation by changing the life parameter associated with the character object by using a value smaller than the second value in the case where it is judged that the operation input is performed (-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55); and
presenting, in a case where the guide presentation flag associated with the enemy character action is turned-on on the timing associated in advance with the enemy character action, a guide corresponding to this timing (-tutorial information selectively presented based on the user successfully perform the move in the required timing- Aghdaie Col 3:34-54).
Claim 8: The combination of Aghdaie & Tabata teaches the storage medium according to claim 5, wherein the game is a game that a plurality of enemy character objects and the character object engage a battle, wherein the information processing program causes the one or more processors to execute:
changing the life parameters associated with a first number of enemy character objects among the plurality of enemy character objects in a case where it is judged that the operation input by the player is not performed(-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55); and
updating the game situation by changing the life parameters associated with a second number of enemy character objects among the plurality of enemy character objects larger than the first number of enemy character objects in a case where it is judged that the operation input by the player is performed on the timing (-Describing the modification of equivalent hit points responsive to timing attacks to opponents openings and delivering enhanced comparative damage - Tabata Col 2:24-65, 3:8-4:3; Figures 3, 4, 8A-9B; Element 43, 54, 55).
Conclusion
The following prior art is made of record and not relied upon is considered pertinent to applicant's disclosure:
Yamada et al (US 8,100,765) teaches a storage medium having game program and game apparatus; and
Beltran et al (US 10576380) teaches an artificial intelligence (ai) model training using cloud gaming network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MOSSER whose telephone number is (571)272-4451. The examiner can normally be reached M-F 6:45-3:45.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached at 571-272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT E. MOSSER
Primary Examiner
Art Unit 3715
/ROBERT E MOSSER/ Primary Examiner, Art Unit 3715