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 .
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.
1. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Under Step 1 of the analysis, it is noted that the claims are directed towards eligible categories of subject matter
3. Step 2A:
4. Under Step 2A, the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea). The claims are directed to the abstract ideas of a mental process.
5. The claims here represent a method of identifying players on a virtual map, according to where the players have been located within a virtual world. However, such can be done with paper and pencil as a user can keep track of both their position and the position of other players. The best examples of this are board games, such as battleship, wherein according to an “input” by a player, a boat, i.e. a character can be organized on the game. The boat is then located when it is hit by a user verbal strike, and strikes revealing the location of the boat(s) are noted on a user map, along with their own boat(s). Even outside of this example, in virtual worlds, users can create their own maps and keep track of various location where they have found the other player(s)’ characters. The claims do not require a continuous tracking of character movement, but only where the character has been located. Additional steps of displaying one player’s data in one mode versus another mode for a secondary player, and utilizing masks to present the information, is merely, organizing and displaying the collected information. Similar to the claimed invention of Example 37, the claims here present an abstract idea.
Additionally, regarding the limitation of “wherein the presentation section is further configured to superimpose a mask on the map image corresponding to locations in the virtual space where the first character has not been, the mask covering a representation of the virtual space in the map image and removing a portion of the mask when the first character enters locations in the virtual space such that the representation of the virtual space is viewable, where the first area corresponds to locations where the mask is removed,” such is further a reflection of the abstract idea above that can be performed using paper and pencil. The key to this limitation is the imposing of a mask that is removed by recording of the tracking of a first player. However, such is basic tracking and mapping of objects or environmental markers. For example, as someone walks through the forest or sail in the ocean, they may draw or write things reflective of their movement pattern, surroundings, and/or objects that they see. Here, the paper is acting as a mask, wherein as the person moves throughout their environment and records various features, said mask that the paper creates is gradually removed to reflect the environment the user is discovering. Thus, the added limitation is a further feature of the aforementioned abstract idea.
The second prong of Step 2A, ask whether the claims recite additional elements that would integrate the abstract idea into a practical application. Here, no such practical application exists as locating players on a map, is not a problem rooted in computer technology. Additionally, there is no practical application as there is no particular machine that is used to implement the claim language, but instead and as will be discussed below only generic computers are used to perform the invention. Also, there is no transformation of the machine used in the application into a different state or thing. Lastly, the claims do not attempt to apply the abstract idea in a meaningful way beyond simply using the claimed machine.
7. Step 2B asks whether a claimed invention which fails Step 2A contains an inventive concepts, i.e. significantly more. Here the invention does not recite significantly more than a generic computer with generic computer components including a controller, display, and memory that are well-known and understood within the art. Additionally, the features of the game described by the claim language, are not part of the inventive concept as said features merely aid in performing the abstract idea. For example, superimposing a mask and then removing said mask as players are tracked, is merely using a computer as a tool to perform common navigation techniques. Thus, the claims are directed to an abstract idea that lacks significantly more and thus is not patent eligible.
Response to Arguments
Applicant's arguments filed 07/31/2026 have been fully considered but they are not persuasive. Additionally, regarding the limitation of “wherein the presentation section is further configured to superimpose a mask on the map image corresponding to locations in the virtual space where the first character has not been, the mask covering a representation of the virtual space in the map image and removing a portion of the mask when the first character enters locations in the virtual space such that the representation of the virtual space is viewable, where the first area corresponds to locations where the mask is removed,” such is further a reflection of the abstract idea above that can be performed using paper and pencil. The key to this limitation is the imposing of a mask that is removed by recording of the tracking of a first player. However, such is basic tracking and mapping of objects or environmental markers. For example, as someone walks through the forest or sail in the ocean, they may draw or write things reflective of their movement pattern, surroundings, and/or objects that they see. Here, the paper is acting as a mask, wherein as the person moves throughout their environment and records various features, said mask that the paper creates is gradually removed to reflect the environment the user is discovering. Thus, the added limitation is a further feature of the aforementioned abstract idea. Additionally, superimposing a mask and then removing said mask as players are tracked, is merely using a computer as a tool to perform common navigation techniques.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD A RENWICK whose telephone number is (571)270-1913. The examiner can normally be reached Monday-Friday 11am-7pm.
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REGINALD A. RENWICK
Primary Examiner
Art Unit 3714
/REGINALD A RENWICK/Primary Examiner, Art Unit 3715
