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 .
Interview Request
In the response, applicant states:
If any issues remain that would prevent allowance of this application, Applicant requests that the Examiner contact the undersigned representative before issuing a subsequent Action. (Response [p. 16)
The Office has become more strict about granting more than one interview per round of examination. A search was conducted based on the present amendments, resulting in a new reference. Since an interview was already conducted on March 10, 2026, the examiner does not believe another interview is justified.
Response to Amendment
The examiner acknowledges applicant’s arguments in the Response dated April 2, 2026 directed to the Non-Final Office Action dated February 24, 2026. Claims 1-20 are pending in the application and subject to examination as part of this office action.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a gameplay rendering module” and “a cinematic rendering module” in claims 1, 8, and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-20 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 limitations “a gameplay rendering module” and “a cinematic rendering module” in claims 1, 8, and 15 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It appears that the recited elements refer to computer-implemented means plus function limitations. In Aristocrat Technologies Australia Pty Ltd. v. International Gaming Technology, 521 F.3d 1328 (Fed. Cir. 2008), the court held that “corresponding structure” for a computer-implemented means plus function claim is the algorithm which the computer is programmed to carry out (Id. at 1331-1332). The examiner is unable to identify structure or algorithm for each of the recited means plus function limitations within the specification. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Dependent claims 2-7, 9-14, and 16-20 inherit this deficiency by nature of their dependencies.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-10, 13-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over MARR et al., US 2017/0113136 A1 (hereinafter Marr) in view of CONDREY, US 2016/0158656 A1 (hereinafter Condrey).
Regarding Claim 1 (Currently Amended): Marr discloses a system, comprising:
one or more processors (Marr, processor 112 [0061]); and
one or more non-transitory computer-readable media storing computer-executable instructions (Marr, the various instructions described herein may be stored in a storage device 114, which may comprise random access memory (RAM), read only memory (ROM), and/or other memory; the storage device may store the computer program instructions (e.g., the aforementioned instructions) to be executed by processor 112 [0061]) that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
determining a cinematic rendering event has occurred during gameplay of a video game based on simulation state data for the video game (Marr, VGS encoder 222 may obtain a game log and generate a VGS based on the game log; a game log, which may be generated by a game engine, describes gameplay during a given video game session such that events occurring during the video game session may be recreated [0068]), the simulation state data including one or more simulation states, the one or more simulation states including at least a model and pose state of an avatar of a player in a video game simulation (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]; avatar information may include, without limitation, virtual health or experience levels, statistics relating to the avatar (e.g., max power, special powers/skills/abilities, etc.), and/or other information relating to an avatar [0097]);
causing a cinematic rendering module to render a plurality of cinematic views corresponding to the cinematic event (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay; in a particular example, each metadata track may correspond to a first-person-view of a player in a multi-player first-person shooter game (or other game that includes a first-person perspective view of gameplay) [0083]) by:
receiving previously stored simulation state data for the video game including one or more prior simulation states (Marr, game logs may be persistently stored in VGS database for later search and retrieval [0072]), wherein the previously stored simulation state data is associated with a prior time in the gameplay before a time in the gameplay associated with the simulation state data and the previously stored simulation state data was previously rendered as one or more previously rendered views (Marr, gameplay that occurred during a video game session may be replayed based on the game events (hereinafter, such replay based on a game log will be referred to as a “video game playback” even though a replay may occur substantially in real-time—e.g., as a gameplay session is occurring—or not in real-time—e.g., stored and later retrieved for later video game playback) [0069]);
rendering a plurality of cinematic rendered views based at least in part on a cinematic rendering timeline, the one or more simulation states of the simulation state data, and the one or more prior simulation states of the previously stored simulation state data (Marr, the game log may be associated with a game log timeline that includes a timestamp for each event [0106]), wherein:
the cinematic rendering timeline includes at least a first shot and a second shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
the rendering of a first portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a first configuration associated with the first shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
the rendering of a second portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a second configuration associated with the second shot; and wherein at least one of the first configuration or the second configuration is independent of a configuration used to render the one or more previously rendered views during the gameplay (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
outputting, to a computing device, the plurality of cinematic rendered views for display (Marr, the system may provide the game log to a corresponding game engine that created the game log and receive, back from the game engine, a video game playback [0031]); and
Marr fails to explicitly
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display;
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views.
Condrey teaches
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display (Condrey, in one implementation, gameplay may be paused while the trigger event is replayed [0072]);
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views (Condrey, a trigger event may be replayed to one or more players, in various screen displays (e.g., full screen, partial screen, in a separate window, etc.), from one or more different perspectives, while gameplay is either paused or allowed to continue [0072]).
Marr discloses a system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback, facilitate the annotation of gameplay through content from users and others, and generate a video game stream that includes the game log and content (Marr [Abstract]). The system facilitates the efficient sharing of video game playback, as well as annotations from users and others (Marr [Abstract]). For example, e-sportscasters may use the system to broadcast video game playback with their commentary and/or graphical overlays (Marr [Abstract]). Video game players may use the system to share video game playback efficiently with other users (Marr [Abstract]). The system may also facilitate the sharing of loadout conditions and micro-transactions relevant to video game playback (Marr [Abstract]).
Condrey teaches a system and method for customizing a replay of one or more game events in a video game is provided (Condrey [Abstract]). During a gameplay session, a trigger event is detected prompting a replay of the trigger event in-game (Condrey [Abstract]). Condrey teaches replaying a trigger event while pausing gameplay during the playback (Condrey [0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the ability to replay a trigger event as taught by Condrey in order to let a player enjoy a cinematic replay of a significant gameplay moment without missing out on gameplay.
Regarding Claim 2 (Original): Marr further discloses wherein the first configuration associated with the first shot includes a first camera for rendering at least part of the first portion of the plurality of cinematic rendered views and the second configuration associated with the second shot includes a second camera for rendering at least part of the second portion of the plurality of cinematic rendered views (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 3 (Original): Marr further discloses wherein the one or more previously rendered views were rendered based on a third configuration that is different from the first configuration (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 6 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
the first configuration includes a value for a visual effect for rendering at least the part of the first portion of the plurality of cinematic rendered views (Marr, visual metadata may include graphical objects displayed alongside (e.g., overlaid onto) a video game playback [0080]); and
the third configuration includes a different value for the visual effect for rendering at least the part of the one or more previously rendered views (Marr, such overlays may integrated with the playback or be provided on a separate track so that the end user may toggle such feature on or off [0098]).
Regarding Claim 7 (Currently Amended): Marr further discloses the operations further comprising:
determining a type of the cinematic event (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]), wherein the determined type is associated with the cinematic rendering timeline (Marr, VGS encoder 222 may synchronize a metadata track with a timeline associated with the game log [0106]); and
determining to render the plurality of cinematic rendered views based at least in part on the cinematic rendering timeline based on the determined type of the cinematic event (Marr, search and localization engine 224 may identify combinations of metadata tracks that should be used to annotate a game log [0111]).
Regarding Claim 8 (Currently Amended): Marr discloses a computer-implemented method comprising:
determining a cinematic rendering event has occurred during gameplay of a video game based on simulation state data for the video game (Marr, VGS encoder 222 may obtain a game log and generate a VGS based on the game log; a game log, which may be generated by a game engine, describes gameplay during a given video game session such that events occurring during the video game session may be recreated [0068]), the simulation state data including one or more simulation states, the one or more simulation states including at least a model and pose state of an avatar of a player in a video game simulation (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]; avatar information may include, without limitation, virtual health or experience levels, statistics relating to the avatar (e.g., max power, special powers/skills/abilities, etc.), and/or other information relating to an avatar [0097]);
causing a cinematic rendering module to render a plurality of cinematic views corresponding to the cinematic event (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay; in a particular example, each metadata track may correspond to a first-person-view of a player in a multi-player first-person shooter game (or other game that includes a first-person perspective view of gameplay) [0083]) by:
receiving previously stored simulation state data for the video game including one or more prior simulation states (Marr, game logs may be persistently stored in VGS database for later search and retrieval [0072]), wherein the previously stored simulation state data is associated with a prior time in the gameplay before a time in the gameplay associated with the simulation state data and wherein the previously stored simulation state data was previously rendered as one or more previously rendered views (Marr, gameplay that occurred during a video game session may be replayed based on the game events (hereinafter, such replay based on a game log will be referred to as a “video game playback” even though a replay may occur substantially in real-time—e.g., as a gameplay session is occurring—or not in real-time—e.g., stored and later retrieved for later video game playback) [0069]);
rendering a plurality of cinematic rendered views based at least in part on a cinematic rendering timeline, the one or more simulation states of the simulation state data, and the one or more prior simulation states of the previously stored simulation state data (Marr, the game log may be associated with a game log timeline that includes a timestamp for each event [0106]), wherein:
the cinematic rendering timeline includes at least a first shot and a second shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
the rendering of a first portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a first configuration associated with the first shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
the rendering of a second portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a second configuration associated with the second shot; and wherein at least one of the first configuration or the second configuration is independent of a configuration used to render the one or more previously rendered views during the gameplay (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
outputting, to a computing device, the plurality of cinematic rendered views, for display (Marr, the system may provide the game log to a corresponding game engine that created the game log and receive, back from the game engine, a video game playback [0031]).
Marr fails to explicitly disclose
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display ;
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views.
Condrey teaches
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display (Condrey, in one implementation, gameplay may be paused while the trigger event is replayed [0072]);
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views (Condrey, a trigger event may be replayed to one or more players, in various screen displays (e.g., full screen, partial screen, in a separate window, etc.), from one or more different perspectives, while gameplay is either paused or allowed to continue [0072]).
As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the ability to replay a trigger event as taught by Condrey in order to let a player enjoy a cinematic replay of a significant gameplay moment without missing out on gameplay.
Regarding Claim 9 (Original): Marr further discloses wherein the first configuration associated with the first shot includes a first camera for rendering at least part of the first portion of the plurality of cinematic rendered views and the second configuration associated with the second shot includes a second camera for rendering at least part of the second portion of the plurality of cinematic rendered views (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 10 (Original): Marr further discloses wherein the one or more previously rendered views were rendered based on a third configuration that is different from the first configuration (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 13 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
the first configuration includes a value for a visual effect for rendering at least the part of the first portion of the plurality of cinematic rendered views (Marr, visual metadata may include graphical objects displayed alongside (e.g., overlaid onto) a video game playback [0080]); and
the third configuration includes a different value for the visual effect for rendering at least the part of the one or more previously rendered views (Marr, such overlays may integrated with the playback or be provided on a separate track so that the end user may toggle such feature on or off [0098]).
Regarding Claim 14 (Currently Amended): Marr further discloses:
determining a type of the cinematic event (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]),
wherein the determined type is associated with the cinematic rendering timeline (Marr, VGS encoder 222 may synchronize a metadata track with a timeline associated with the game log [0106]); and
determining to render the plurality of cinematic rendered views based at least in part on the cinematic rendering timeline based on the determined type of the cinematic event (Marr, search and localization engine 224 may identify combinations of metadata tracks that should be used to annotate a game log [0111]).
Regarding Claim 15 (Currently Amended): Marr discloses one or more non-transitory computer-readable media storing computer-executable instructions that, when executed by one or more processors, cause the one or more processors to perform operations comprising:
determining a cinematic rendering event has occurred during gameplay of a video game based on simulation state data for the video game (Marr, VGS encoder 222 may obtain a game log and generate a VGS based on the game log; a game log, which may be generated by a game engine, describes gameplay during a given video game session such that events occurring during the video game session may be recreated [0068]),
the simulation state data including one or more simulation states, the one or more simulation states including at least a model and pose state of an avatar of a player in a video game simulation (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]; avatar information may include, without limitation, virtual health or experience levels, statistics relating to the avatar (e.g., max power, special powers/skills/abilities, etc.), and/or other information relating to an avatar [0097]);
causing a cinematic rendering module to render a plurality of cinematic views corresponding to the cinematic event (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay; in a particular example, each metadata track may correspond to a first-person-view of a player in a multi-player first-person shooter game (or other game that includes a first-person perspective view of gameplay) [0083]) by:
receiving previously stored simulation state data for the video game including one or more prior simulation states (Marr, game logs may be persistently stored in VGS database for later search and retrieval [0072]), wherein the previously stored simulation state data is associated with a prior time in the gameplay before a time in the gameplay associated with the simulation state data and wherein the previously stored simulation state data was previously rendered as one or more previously rendered views (Marr, gameplay that occurred during a video game session may be replayed based on the game events (hereinafter, such replay based on a game log will be referred to as a “video game playback” even though a replay may occur substantially in real-time—e.g., as a gameplay session is occurring—or not in real-time—e.g., stored and later retrieved for later video game playback) [0069]);
rendering a plurality of cinematic rendered views based at least in part on a cinematic rendering timeline, the one or more simulation states of the simulation state data, and the one or more prior simulation states of the previously stored simulation state data (Marr, the game log may be associated with a game log timeline that includes a timestamp for each event [0106]), wherein:
the cinematic rendering timeline includes at least a first shot and a second shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
the rendering of a first portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a first configuration associated with the first shot (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
the rendering of a second portion of the plurality of cinematic rendered views for the cinematic rendering timeline is based on a second configuration associated with the second shot; and wherein at least one of the first configuration or the second configuration is independent of a configuration used to render the one or more previously rendered views during the gameplay (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]); and
outputting, to a computing device, the plurality of cinematic rendered views for display (Marr, the system may provide the game log to a corresponding game engine that created the game log and receive, back from the game engine, a video game playback [0031]).
Marr fails to explicitly disclose
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display;
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views.
Condrey teaches
responsive to determining the cinematic event has occurred, causing a gameplay rendering module to stop rendering views for display (Condrey, in one implementation, gameplay may be paused while the trigger event is replayed [0072]);
resuming rendering of the gameplay by the gameplay rendering module after outputting the plurality of cinematic rendered views (Condrey, a trigger event may be replayed to one or more players, in various screen displays (e.g., full screen, partial screen, in a separate window, etc.), from one or more different perspectives, while gameplay is either paused or allowed to continue [0072]).
As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the ability to replay a trigger event as taught by Condrey in order to let a player enjoy a cinematic replay of a significant gameplay moment without missing out on gameplay.
Regarding Claim 16 (Original): Marr further discloses wherein the first configuration associated with the first shot includes a first camera for rendering at least part of the first portion of the plurality of cinematic rendered views and the second configuration associated with the second shot includes a second camera for rendering at least part of the second portion of the plurality of cinematic rendered views (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 17 (Original): Marr further discloses wherein the one or more previously rendered views were rendered based on a third configuration that is different from the first configuration (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Regarding Claim 20 (Currently Amended): Marr further discloses:
determining a type of the cinematic event (Marr, a metadata track may include loadout information that indicates a state of a player and/or video game environment during gameplay that is represented in a game log [0085]), wherein the determined type is associated with the cinematic rendering timeline (Marr, VGS encoder 222 may synchronize a metadata track with a timeline associated with the game log [0106]); and
determining to render the plurality of cinematic rendered views based at least in part on the cinematic rendering timeline based on the determined type of the cinematic event (Marr, search and localization engine 224 may identify combinations of metadata tracks that should be used to annotate a game log [0111]).
Claims 4, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Marr, in view of Condrey, and further in view of Koch, US 11,192,036 B1 (hereinafter Koch).
Regarding Claim 4 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Marr fails to explicitly disclose
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes one or more different lights for rendering at least the part of the one or more previously rendered views.
Koch teaches
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]); and
the third configuration includes one or more different lights for rendering at least the part of the one or more previously rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]).
Marr discloses a system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback, facilitate the annotation of gameplay through content from users and others, and generate a video game stream that includes the game log and content (Marr [Abstract]). The system facilitates the efficient sharing of video game playback, as well as annotations from users and others (Marr [Abstract]). For example, e-sportscasters may use the system to broadcast video game playback with their commentary and/or graphical overlays (Marr [Abstract]). Video game players may use the system to share video game playback efficiently with other users (Marr [Abstract]). The system may also facilitate the sharing of loadout conditions and micro-transactions relevant to video game playback (Marr [Abstract]).
Koch teaches systems and methods for tokenizing moments in a game (Koch [Abstract]). Exemplary implementations may: create an asset that represents a set of rights pertaining to an occurrence of a given moment in the game (Koch [Abstract]). In some implementations, the rights to different types of usage that may be represented in an individual asset may include a right to (re)play video information (i.e., information including one or more of audio content, visual content, and/or animated content) that has been captured at the occurrence of a given moment (e.g., as it occurred to an original user-controlled character in the given moment), including but not limited to pre-rendered visual content (Koch [C7:49-C8:16]). For example, the video information may depict the occurrence of the given moment in the game (as occurring to the original user-controlled character) (Koch [C7:49-C8:16]). For example, the given moment may be the winner of a competition receiving a medal and/or other award (Koch [C7:49-C8:16]). In some implementations, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment (Koch [C7:49-C8:16]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of modify one or more visual parameters such as changes in ambient lighting as taught by Koch in order to personalize playback without altering the main transition included in the given moment.
Regarding Claim 11 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
Marr fails to explicitly disclose
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes one or more different lights for rendering at least the part of the one or more previously rendered views.
Koch teaches
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]); and
the third configuration includes one or more different lights for rendering at least the part of the one or more previously rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]).
As recited above with respect to claim 4, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of modify one or more visual parameters such as changes in ambient lighting as taught by Koch in order to personalize playback without altering the main transition included in the given moment.
Regarding Claim 18 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Marr fails to explicitly discloses
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes one or more different lights for rendering at least part of the one or more previously rendered views.
Koch teaches
the first configuration includes one or more lights for rendering at least the part of the first portion of the plurality of cinematic rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]); and
the third configuration includes one or more different lights for rendering at least part of the one or more previously rendered views (Koch, the owner may be able to modify one or more visual parameters such as camera angles, points-of-view, changes in ambient lighting, time-of-day, weather patterns, and/or other modifications that change the depiction upon replay of the video, without altering the main transition included in the given moment [C7:49-C8:16]).
As recited above with respect to claim 4, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of modify one or more visual parameters such as changes in ambient lighting as taught by Koch in order to personalize playback without altering the main transition included in the given moment.
Claims 5, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chimes et al., US 2014/0194211 A1 (hereinafter Chimes).
Regarding Claim 5 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]);
Marr fails to explicitly disclose
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views.
Chimes teaches
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]); and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]).
Marr discloses a system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback, facilitate the annotation of gameplay through content from users and others, and generate a video game stream that includes the game log and content (Marr [Abstract]). The system facilitates the efficient sharing of video game playback, as well as annotations from users and others (Marr [Abstract]). For example, e-sportscasters may use the system to broadcast video game playback with their commentary and/or graphical overlays (Marr [Abstract]). Video game players may use the system to share video game playback efficiently with other users (Marr [Abstract]). The system may also facilitate the sharing of loadout conditions and micro-transactions relevant to video game playback (Marr [Abstract]).
Chimes teaches restoring gameplay by replaying past inputs (Chimes [Abstract]). During gameplay, capture logic captures participant inputs that were received to change states of game objects (Chimes [Abstract]). The capture logic stores the captured information in an electronic record of period(s) of the gameplay (Chimes [Abstract]). After the period(s) of gameplay, replay logic receives a request to initiate subsequent gameplay beginning from a point in time from a period of past gameplay (Chimes [Abstract]).
The relative length of a past time gap may be preserved by replaying the input at the same speed that the input was executed during the past gameplay, or by scaling both the speed of the inputs and the speed that the game progresses during replay (Chimes [0055]). For example, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay (Chimes [0055]). Similarly, the replay could be performed at speeds that are slower than the past gameplay (Chimes [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of speed of replay as taught by Chimes in order to preserve relative lengths of a past time gaps.
Regarding Claim 12 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Marr fails to explicitly disclose
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views.
Chimes teaches
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]); and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]).
As recited above with respect to claim 5, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of speed of replay as taught by Chimes in order to preserve relative lengths of a past time gaps.
Regarding Claim 19 (Currently Amended): Marr further discloses wherein:
at least part of the first portion of the plurality of cinematic rendered views and at least part of the one or more previously rendered views are generated based on at least a same portion of the previously stored simulation state data (Marr, a metadata track may include alternate “camera” angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay [0083]).
Marr fails to explicitly disclose
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views; and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views.
Chimes teaches
the first configuration includes a time dilation for rendering at least the part of the first portion of the plurality of cinematic rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]); and
the third configuration includes a different time dilation for rendering at least the part of the one or more previously rendered views (Chimes, the inputs could be replayed at faster speeds than they were previously executed if, during replay, units moved and attacked faster and buildings built and researched faster than in past gameplay; similarly, the replay could be performed at speeds that are slower than the past gameplay [0055]).
As recited above with respect to claim 5, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the system and method that generate a game log that specifies game events during gameplay to enable efficient distribution of video game playback as disclosed by Marr with the method of speed of replay as taught by Chimes in order to preserve relative lengths of a past time gaps.
Response to Arguments
Applicant argues that Marr does not disclose the newly amended claim language (Response [p. 13]). The examiner directs applicant to the rejection, as recited above, including Condrey, a new reference.
Applicant also argues
The Examiner has alleged that Marr's metadata tracks with alternate camera angles teach the claimed cinematic rendering timeline with first and second shots. See Office Action, page 5. Applicant respectfully disagrees. Marr's metadata tracks provide alternative camera angles that viewers can toggle between during playback: "viewers may choose which metadata track to use, effectively being able to toggle different player's perspective view during video game playback." Marr, paragraph [0083]. This is fundamentally different from the claimed cinematic rendering module that automatically renders cinematic views with shot configurations that are independent of the gameplay rendering configuration. (Response [p. 13])
The examiner does not agree that Marr does not read on the relevant limitations. The examiner quoted language directly from Marr (i.e., “a metadata track may include alternate ‘camera’ angles; for example, a game log may capture gameplay from a given camera angle or perspective; a metadata track may include a different perspective and another metadata track may include yet another perspective; in this manner, a given game log may be associated with different metadata tracks, each providing its own perspective view of gameplay”). Applicant attempts to improperly limit the reading of Marr by looking to “a particular example” described in Marr. The examiner maintains that Marr broadly allows for alternate camera angles, without being limited to selection by players.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
/WERNER G GARNER/ Primary Examiner, Art Unit 3715
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