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.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because the claim recites a computer program that is not claimed as embodied in a non-transitory storage medium. Because Applicant's disclosure is not limited solely to tangible embodiments, the claimed subject matter, given the broadest reasonable interpretation, may be a carrier wave comprises of instructions and is, therefore, non-statutory. The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable storage medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable storage media, particularly when the specification is silent. (See MPEP 2111.01). When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter (See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2).
To overcome this type of rejection, the claims need to be amended to include only the physical computer storage media unassociated with any intangible or non-functional transmission media. Examiner suggests adding the word -- non-transitory -- to the claim. Other word choices will be considered but the one proposed shall overcome the rejection. Appropriate attention is required.
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.
Claim(s) 1, 2, 4, 5, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miwa et al. (pub. no. 20180126262) in view of Blair et al. (pub. no. 20240281064).
Regarding claim 1, Miwa discloses an information processing apparatus connected with an operation apparatus including a first operation member whose input operation by a user is detected as information on a two-dimensional plane and a second operation member different from the first operation member (“Referring to FIG. 4, left controller 3 has a housing 31 substantially in a form of a plate. A main surface of housing 31 (that is, a front surface or a surface on a side of a negative direction of the z axis shown in FIG. 1) is substantially in a rectangular shape. Housing 31 is in a vertically long shape, that is, long in the up-down direction (that is, the direction of the y axis shown in FIG. 1).
Left controller 3 can be used with its main surface being vertically oriented or with its surface being horizontally oriented when a user holds the left controller while the left controller is detached from main body apparatus 2“, [0102] & [0103];
“An analog stick 32 is provided in left controller 3. As shown in FIG. 4, analog stick 32 is provided on the main surface of housing 31. Analog stick 32 represents one example of a direction instruction portion with which a direction can be input. Analog stick 32 includes a stick member which can be tilted in all directions (that is, a 360° direction including up, down, left, right, and diagonal directions) in parallel to the main surface of housing 31. Analog stick 32 is an analog input device with which a user can input a direction in accordance with a direction of tilt by titling the stick member. Analog stick 32 may further be constructed to be able to give an input of magnitude in accordance with an angle of tilt in addition to input of a direction in accordance with a direction of tilt when the stick member is tilted”, [0107];
“Left controller 3 includes four operation buttons 33 to 36 (specifically, a right direction button 33, a down direction button 34, an up direction button 35, and a left direction button 36). As shown in FIG. 4, these four buttons 33 to 36 are provided under analog stick 32 on the main surface of housing 31. Though four operation buttons are provided on the main surface of left controller 3 in the present embodiment, any number of operation buttons may be provided. These operation buttons 33 to 36 are used for giving an instruction in accordance with various programs (for example, an OS program or an application program) executed in main body apparatus 2. Since operation buttons 33 to 36 may be used for giving an input of a direction in the present embodiment, operation buttons 33 to 36 are also referred to as right direction button 33, down direction button 34, up direction button 35, and left direction button 36 for the sake of convenience of description. Operation buttons 33 to 36 may be used for giving an instruction other than an input of a direction”, [0108];
“A first L button 38 and a ZL button 39 are provided in left controller 3. These operation buttons 38 and 39 are used for giving an instruction in accordance with various programs executed in main body apparatus 2, similarly to operation buttons 33 to 36 described above. As shown in FIG. 4, first L button 38 is provided in an upper left portion on the side surface of housing 31. ZL button 39 is provided in an upper left portion as extending from the side surface to the rear surface of housing 31 (strictly speaking, the upper left portion when housing 31 is viewed from the front). ZL button 39 is provided in the rear of first L button 38 (a side of a positive direction of the z axis shown in FIG. 1). Since the upper left portion of housing 31 is rounded in the present embodiment, first L button 38 and ZL button 39 are in a rounded shape in conformity with rounding of the upper left portion of housing 31”, [0110];
“Left controller 3 includes a second L button 43 and a second R button 44. These buttons 43 and 44 are used for giving an instruction in accordance with various programs executed in main body apparatus 2 similarly to other operation buttons 33 to 36. As shown in FIG. 4, second L button 43 and second R button 44 are provided in the surface where slider 40 is attached. Second L button 43 is provided above the center in terms of the up-down direction (the direction of they axis shown in FIG. 1) on the surface where slider 40 is attached. Second R button 44 is provided under the center in terms of the up-down direction on the surface where slider 40 is attached. Second L button 43 and second R button 44 are arranged at positions where they cannot be pressed while left controller 3 is attached to main body apparatus 2. Second L button 43 and second R button 44 are used while left controller 3 is detached from main body apparatus 2. Second L button 43 and second R button 44 are operated, for example, with a forefinger or a long finger of left and right hands of a user who holds left controller 3 detached from main body apparatus 2”, [0113];
”FIG. 5 is a diagram of right controller 4 according to the present embodiment when viewed from six sides”, [0119];
“Right controller 4 can be used with its main surface being vertically oriented or with its surface being horizontally oriented when a user holds the right controller while the right controller is detached from main body apparatus 2”, [0121];
“Positional relation between two types of operation portions (analog stick 52 and the operation buttons) in right controller 4 is opposite to positional relation of these two types of operation portions in left controller 3. In right controller 4, analog stick 52 is arranged under operation buttons 53 to 56, whereas in left controller 3, analog stick 32 is arranged above operation buttons 33 to 36. With such arrangement, when two controllers are used as being detached from main body apparatus 2, both of the controllers can be used with similar operational feeling”, [0125]),
the information processing apparatus comprising: a determining section that determines a positional relation between the first operation member and the second operation member according to input operation on the operation apparatus in a predetermined mode (“FIGS. 15A and 15B are diagrams showing examples illustrating a controller registration screen displayed by game device 1 based on the embodiment.
As shown in FIGS. 15A and 15B, controllers held by users PA to PD representing four players are registered in a controller registration screen shown on television 6.
The controller registration screen represents one example of a screen shown when controller registration is indicated in a home menu. The home menu is provided to allow launch of a game application together with various types of setting (controller registration). For example, an icon for launching a game application is provided, and a game application is launched by selecting the icon. An icon for registering a controller is also provided. An application for controller registration processing is launched by selecting the icon and the controller registration screen is shown“, [0246] – [0248];
“Television 6 in the present example in FIG. 15A shows a message that “press ‘L’ and ‘R’ of controller to be used.” In the present example, each user is invited to press the L button and the R button in registration of a controller held by each user.
Through a series of processes in response to pressing, a player number is registered for a controller of each user. One operation scheme is set in a controller adapted to a plurality of operation schemes.
In the present example, any of an operation scheme in vertical holding of two controllers and an operation scheme in lateral holding of one controller representing a plurality of operation schemes is set. For example, in specifying an operation scheme, an operation scheme may be specified based on whether two controllers or one controller are/is held, or an operation scheme can also be specified based on whether the controller is held vertically or laterally”, [0250] – [0252];
“A user can register a controller in a more simplified manner by checking on the controller registration screen, a position of the button emphasized by the circular image, together with the image of the controller.
By way of example, user PA holds left controller 3a and right controller 4a. User PB holds accessory controller 401. User PC holds left controller 3b. User PD holds right controller 4b.
When user PA registers two controllers, the user presses first L button 38 provided in left controller 3a and first R button 60 provided in right controller 4a”, [0257] – [0259];
“When user PC registers one controller with left controller 3b, the user presses second L button 43 and second R button 44 provided in left controller 3b.
When user PD registers one controller with right controller 4b, the user presses second L button 65 and second R button 66 provided in right controller 4b”, [0261] – [0262]);
and a setting information registering section that causes the apparatus to store setting information including information regarding the positional relation between the first operation member and the second operation member (“Game device 1 receives operation data transmitted from each controller, allocates a player number to each controller based on the received operation data, and registers an operation scheme in registration information as necessary”, [0263]).
Regarding claim 1, it is noted that Miwa does not disclose configuration information is stored in the operation device. Blair however, teaches storing configuration information in the operation device (“In an exemplary embodiment, the ring controller 100 may emit context-aware events, depending on the applications running in the remote systems 610, such that the events are customized per application (e.g. applications 722-728). The context-aware application 740 may monitor the remote system 610 or user behavior, provide the context status to the ring controller 100, which subsequently may choose the appropriate event profile from the list of predefined profiles (e.g. keymaps 762-772). As a result, the joystick 210 moves will emit different events depending on the active application running in the remote systems 610. The predefined profiles may be stored in the ring controller 100 persistent memory or transferred from the context-aware monitor 740 in a dynamic fashion, upon detection of context change”, [0154]).
Exemplary rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. Here both Miwa and Blair are directed to operation devices that can be dynamically configured by the user to be used in various contexts. The configuration information could be stored in the main body or the peripheral as both contain processors, memory and communication devices. To store the configuration information in the operation device is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to store the configuration information in the operation device. To do so would allow the operation device to be configured prior to use in the instant game, thereby saving time that would be necessary to configure all aspects of the operation device.
Regarding claim 2, Miwa discloses a screen display section that causes a screen to be displayed in the predetermined mode ([0250]),
the screen including information representing multiple patterns of the positional relation between the first operation member and the second operation member (“When two controllers are registered, in order to show a position of a button to be selected, together with an image of two controllers, the position is shown as being emphasized with a circular image being added. When accessory controller 401 is registered, in order to show a position of a button to be selected, together with an image of accessory controller 401, the position is shown as being emphasized with a circular image being added. Possibility of use of two controllers by two persons is also shown. In registration of one controller, in order to show a position of a button to be selected, together with an image of one controller, the position is shown as being emphasized with a circular image being added”, [0256]),
wherein the determining section determines the positional relation between the first operation member and the second operation member according to a pattern selected on the screen ([0257] – [0263]).
Regarding claim 4, Miwa discloses an information processing apparatus comprising: a processor, wherein the information processing apparatus is connected with an operation apparatus including a first operation member whose input operation by a user is detected as information on a two-dimensional plane and a second operation member different from the first operation member ([0102] – [0103], [0107]; [0108], [0110], [0113], [0119], [0121]; [0125]),
the processor determines a positional relation between the first operation member and the second operation member according to input operation on the operation apparatus in a predetermined mode ([0246] – [0248]; [0250] – [0252]; [0257] – [0259]; [0261] – [0263]),
and the processor transmits, to the operation apparatus, setting information including information regarding the positional relation between the first operation member and the second operation member.
Regarding claim 4, it is noted that Miwa does not disclose configuration information is stored in the operation device. Blair however, teaches storing configuration information in the operation device ( [0154]).
Exemplary rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. Here both Miwa and Blair are directed to operation devices that can be dynamically configured by the user to be used in various contexts. The configuration information could be stored in the main body or the peripheral as both contain processors, memory and communication devices. To store the configuration information in the operation device is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to store the configuration information in the operation device. To do so would allow the operation device to be configured prior to use in the instant game, thereby saving time that would be necessary to configure all aspects of the operation device.
Claim 5 is directed to an apparatus that is configured by the system of claim 4 and is rejected for the same reasons as claim 4.
Claim 8 is directed to the method implemented by the system of claim 4 and is rejected for the same reasons as claim 4.
Claim 9 is directed to an article of manufacture that contains code that implements the system of claim 4 and is rejected for the same reasons as claim 4.
Allowable Subject Matter
Claims 3, 6 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE STEFAN GALKA whose telephone number is (571)270-1386. The examiner can normally be reached M-F 6-9 & 12-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached at 571-272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE S GALKA/Primary Examiner, Art Unit 3715