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 .
Procedural Summary
This is responsive to the claims filed 4/15/2024.
Claims 1-20 are pending.
Signed copies of the IDS’ are attached.
The Drawings filed 4/15/2024 are noted.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
The claims are drawn to process & apparatus categories.
Thus, initially, under Step 1 of the analysis, it is noted that the claims are directed towards eligible categories of subject matter
Step 2A:
Prong 1: Does the Claim recite an Abstract idea, Law of Nature, or Natural Phenomenon?
Representative Claim 18 is analyzed below, with italicized limitations indicating recitations of an abstract idea, noting that independent Claim 1 recites substantially similar limitations but being drawn to a different statutory class.
Claim 18: “A system comprising: a user device comprising a display screen; a processor operably connected to the user device; and a tangible non-transitory computer readable memory configured to communicate with the processor, the tangible non-transitory computer readable memory having instructions stored thereon that, in response to execution by the processor causes the processor to perform operations comprising: presenting, by the processor, a player digital main character card on a graphical user interface (GUI), wherein the player digital main character card comprises a player main character effect and a player main character power cost; presenting, by the processor, an opponent digital main character card on the GUI, wherein the opponent digital main character card comprises an opponent main character effect and an opponent main character power cost; conducting, by the processor, a first player turn of a game for a first player on a first team, comprising: drawing, by the processor and a random number generator, a digital card from a player digital card deck and presenting the drawn digital card as part of a player digital hand on the GUI, wherein the player digital card deck is presented facedown on the GUI, wherein the player card deck comprises 20 to 60 digital cards including at least one digital champion card, at least one digital location card, and at least one digital spell card, wherein the player digital card deck further comprises at least one digital overlay card, wherein the digital overlay card is at least partially transparent and is configured to be disposed over at least a portion of the at least one digital champion card, wherein the digital overlay card comprises at least one component that aligns with at least one component of the at least one digital champion card in response to being disposed over the at least one digital champion card; wherein each digital champion card of the at least one digital champion card has champion statistics associated therewith comprising a champion activation cost, a champion attack value, and a champion raid value, wherein each digital location card of the at least one digital location card comprises a location activation cost and a location effect, wherein the location effect affects at least one of a status of an active digital champion card of the first player or an opponent on an opposing team, a champion statistic of an active digital champion card of the first player or the opponent, victory points associated with the first player or the opponent, or a number of digital cards in the player digital hand or an opponent digital hand of the opponent, and wherein each digital spell card of the at least one digital spell card comprises a spell activation cost and a spell effect, wherein the spell effect affects at least one of the status of an active digital champion card of the first player or the opponent, a champion statistic of an active digital champion card of the first player or the opponent, victory points associated with the first player or the opponent, or a number of digital cards in the player digital hand or the opponent digital hand; presenting, by the processor and the random number generator, an additional player digital influence card facedown from the player digital card deck in a player influence zone of the GUI; determining, by the processor, a total number of player digital influence cards in the player influence zone including the additional player digital influence card; conducting, by the processor, a player action phase, comprising: receiving, by the processor, a selection of at least one digital card from the player digital hand to activate; activating, by the processor, the at least one digital card by removing the at least one digital card from the player digital hand and presenting the at least one digital card faceup on the GUI, comprising at least one of: activating, by the processor, a player digital champion card, wherein the player digital champion card comprises a player champion activation cost indicating a required number of digital influence cards to activate the player digital champion card; activating, by the processor, a player digital location card, wherein the player digital location card comprises a player location activation cost indicating a required number of digital influence cards to activate the player digital location card; or activating, by the processor, a player digital spell card, wherein the player digital spell card comprises a player spell activation cost indicating a required number of digital influence cards to activate the player digital spell card, wherein the processor confirms that a total of at least one of the player champion activation cost, the player location activation cost, and the player spell activation cost is equal to or less than the total number of player digital influence cards in the player influence zone in order to perform the activating the at least one digital card; receiving, by the processor, a selection of an active player digital card presented on the GUI that was activated in a previous turn; playing, by the processor, the selected active player digital card, wherein the selected active player digital card comprises an active player digital champion, wherein the playing the active player digital champion comprises causing the active player digital champion to raid the opponent; associating, by the processor, a number of victory points with the raiding active player digital champion equal to the champion raid value for the raiding active player digital champion; and disposing, by the processor, the raiding active player digital champion in an exhausted position on the GUI to indicate an exhausted status; conducting, by the processor, a first opponent turn of the game for an opponent on an opposing team, comprising: drawing, by the processor and the random number generator, a digital card from an opponent digital card deck and presenting the drawn digital card as part of the opponent digital hand for the opponent, wherein the opponent digital card deck is presented facedown on the GUI, wherein the opponent digital card deck comprises 20 to 60 digital cards including at least one digital champion card, at least one digital location card, and at least one digital spell card, wherein the opponent digital card deck further comprises at least one digital overlay card, wherein the at least one digital overlay card is at least partially transparent and is configured to be disposed over at least a portion of the at least one digital champion card, wherein the at least one digital overlay card comprises at least one component that aligns with at least one component of the at least one digital champion card in response to being disposed over the at least one digital champion card, presenting, by the processor and the random number generator, an additional opponent digital influence card facedown from the opponent digital card deck in an opponent influence zone of the GUI; determining, by the processor, a total number of opponent digital influence cards in the opponent influence zone including the additional opponent digital influence card; conducting, by the processor, an opponent action phase, comprising: receiving, by the processor, a selection of at least one digital card from the opponent digital hand to activate; activating, by the processor, the at least one digital card by presenting the at least one digital card from the opponent digital hand faceup on the GUI, comprising at least one of: activating, by the processor, an opponent digital champion card, wherein the opponent digital champion card comprises an opponent champion activation cost indicating a required number of digital influence cards to activate the opponent digital champion card; activating, by the processor, an opponent digital location card, wherein the opponent digital location card comprises an opponent location activation cost indicating a required number of digital influence cards to activate the opponent digital location card; or activating, by the processor, an opponent digital spell card, wherein the opponent digital spell card comprises an opponent spell activation cost indicating a required number of digital influence cards to activate the opponent digital spell card, wherein the processor confirms that a total of at least one of the opponent champion activation cost, the opponent location activation cost, and the opponent spell activation cost is equal to or less than the total number of opponent digital influence cards in the opponent influence zone in order to perform the activating the at least one digital card; receiving, by the processor, a selection of an active opponent digital card presented on the GUI that was activated in a previous turn; playing, by the processor, the active opponent digital card, wherein the active opponent digital card comprises an active opponent digital champion, wherein the playing the active player opponent champion comprises at least one of causing, by the processor, the active opponent champion to raid the first player or attack the raiding active player digital champion; and/or disposing, by the processor, the active opponent digital champion in the exhausted position to indicate the exhausted status; and conducting, by the processor, a second player turn of the game, comprising: readying, by the processor, the active player digital champion by disposing the active player digital champion from the exhausted position to a ready position on the GUI to indicate a ready status.”
The italicized limitations fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG1, “certain methods of organizing human activity”, managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The claims are drawn to playing a game with cards. The claims recite rules for how the game is played. For example, the claims require drawing cards from a deck, different types of cards including champion cards, location cards and spell cards. The claims require receiving a player action and activating certain cards. The claims require a player “playing” a card. Points are disposed. Opponents draw cards. Their cards are determined. A champion card is placed in a “ready status”.
Collectively, therefore, the claims represent rules and instructions for how players interact with each other and the game. The claims represent how personal behavior is managed. Similarly, the claims represent a social activity defined by rules/instructions for game play. For at least these reasons, the claims represent an abstract idea under Prong 1.
Prong 2: Does the Claim recite additional elements that integrate the exception into a practical application of the exception?
Although the claims recite additional limitations, these limitations do not integrate the exception into a practical application of the exception. For example, the claims require additional limitations drawn to a computing system with a processor, display and memory, (a GUI).
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2B:
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they amount to conventional computer implementation.
For example, as pointed out above, the claimed invention recites additional elements facilitating implementation of the abstract process. However, these elements viewed individually and as a whole, are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea.
Regarding the Berkheimer decision, reference is made for example to Castro U.S. Pub. No.: 2017/0157500 A1 showing the conventionality of computing devices including GUIs for playing games involving electronically represented cards. These elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea)
Additionally, Applicant’s Specifications acknowledge that virtually any generic GUI including a personal computer and iPhone are used to implement the claimed invention.2
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions provide conventional computer implementation of an abstract process.
Moreover, the claims do not recite improvements to another technology or technical field. Nor, do the claims improve the functioning of the underlying computer itself -- they only recite generic computing elements. Furthermore, they do not effect a transformation of a particular article to a different state or thing: the underlying computing elements remain the same.
Concerning preemption, the Federal Circuit precedent controls3:
The Supreme Court has made clear that the principle of preemption is the basis for the judicial exceptions to patentability. Alice, 134 S. Ct at 2354 (“We have described the concern that drives this exclusionary principal as one of pre-emption”). For this reason, questions on preemption are inherent in and resolved by the § 101 analysis. The concern is that “patent law not inhibit further discovery by improperly tying up the future use of these building blocks of human ingenuity.” Id. (internal quotations omitted). In other words, patent claims should not prevent the use of the basic building blocks of technology—abstract ideas, naturally occurring phenomena, and natural laws. While preemption may signal patent ineligible subject matter, the absence of complete preemption does not demonstrate patent eligibility. In this case, Sequenom’s attempt to limit the breadth of the claims by showing alternative uses of cffDNA outside of the scope of the claims does not change the conclusion that the claims are directed to patent ineligible subject matter. Where a patent’s claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot. (Emphasis added.)
For these reasons, it appears that the claims are not patent-eligible under 35 USC §101.
Conclusion
Additional Relevant References: See 892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMKAR A DEODHAR whose telephone number is (571)272-1647. The examiner can normally be reached on M-F, generally 9am-5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached on 571-272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OMKAR A DEODHAR/Primary Examiner, Art Unit 3715
1 See MPEP 2106
2 [0120] In various examples, user device 1240 can incorporate hardware and/or software components. For example, user device 1240 can comprise a server appliance running a suitable server operating system (e.g., MICROSOFT INTERNET INFORMATION SERVICES or, “IIS”). User device 1240 can be any device that allows a user to communicate with a network (e.g., a personal computer, personal digital assistant (e.g., IPHONE®, BLACKBERRY®), tablet, smartphone, cellular phone, and/or the like). User device 1240 can be in electronic communication with electronic memory device 1230, processor 1290, and/or input device 1245. In various examples, user device 1240 can comprise an input device 1245 (i.e., a physical or digital button). User device 1240 can allow the user of system 1200 to interact with the other components of system 1200. For example, user device 1240 can comprise display screen 1242, which can display a GUI (e.g., GUI 1300, discussed in relation to FIG. 13) provided by system 1200. Display screen 1242 displaying a GUI can allow the user to select input device(s) 1245 to send a signal to system 100 indicating a desired action by system 1200. In various examples, any action performed by a user through system 1200 can be communicated to system 1200 and performed by a processor (e.g., processor 1290). (Emphasis Added.)
[0121] User device 1240 includes any device (e.g., personal computer, mobile device, etc.) which communicates via any network, for example such as those discussed herein. In various examples, user device 1240 can comprise and/or run a browser, such as MICROSOFT® INTERNET EXPLORER®, MOZILLA® FIREFOX®, GOOGLE® CHROME®, APPLE® Safari, or any other of the myriad software packages available for browsing the internet. For example, the browser can communicate with a server via network by using Internet browsing software installed in the browser. The browser can comprise Internet browsing software installed within a computing unit or a system to conduct online transactions and/or communications. These computing units or systems can take the form of a computer or set of computers, although other types of computing units or systems can be used, including laptops, notebooks, tablets, handheld computers, personal digital assistants, set-top boxes, workstations, computer-servers, mainframe computers, mini-computers, PC servers, pervasive computers, network sets of computers, personal computers, such as IPADS®, IMACS®, and MACBOOKS®, kiosks, terminals, point of sale (POS) devices and/or terminals, televisions, or any other device capable of receiving data over a network. In various examples, browser can be configured to display an electronic channel. (Emphasis Added.)
3: Ariosa Diagnostics, Inc., V. Sequenom, Inc., (Fed Cir. June 12, 2015)