DETAILED ACTION
Acknowledgements
This Office Action is in response to Applicant’s correspondence filed on 5/15/24.
The Examiner notes that citations to United States Patent Application Publication paragraphs are formatted as [####], #### representing the paragraph number.
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 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.
Status of Claims
Claims 1-20 are currently pending.
Claims 1-20 are rejected as set forth below.
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.
Claims 12-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
As per claims 12-19, under the broadest reasonable interpretation, the computer-readable medium is directed to signals per se. One of ordinary skill in the art may interpret such "medium" claims as signals. To support Examiner’s position, see the broadest reasonable interpretation of a "medium" discussed in the memo issued by USPTO Director Kappos titled Subject Matter Eligibility of Computer Readable Media. The memo notes that because "computer readable medium" claims may cover signals, the claim must be rejected under 35 U.S.C. 101.
To overcome this particular 35 U.S.C. § 101 rejection, and assuming the original specification supports such an amendment in accordance with 35 U.S.C. § 112 1st paragraph, the Examiner recommends (by way of example only) Applicant amend the preamble and insert the phrase "non-transitory". For example, the claim might recite: "A non-transitory computer-readable medium…". For additional guidance on this matter, see the memo titled Subject Matter Eligibility of Computer Readable Media by USPTO Director Kappos.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 10-15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Non-Patent Literature YouTube Video ‘It Takes Two – Episode 2: Hammer and Nail’ to Game Wanderer in view of Non-Patent Literature Title “Unravel Two Review’ to PS3Blog.
As per claims 1, 12, 20, Game Wanderer teaches:
A data processing system, comprising: a processor; and memory storing computer readable instructions which, when executed by the processor, configure the data processing system to perform a cooperative method comprising: establishing a plurality of groups of virtual items in a virtual environment, wherein each virtual item has an open state and a closed state, wherein each virtual item is traversable by any virtual character when in the open state and each virtual item is not traversable by any virtual character when in the closed state, and wherein each virtual item is at a discrete location within an otherwise non-traversable area in the virtual environment; (20:10-23:20, A virtual item is a platform obstacle such as a platform ledge, while a group of virtual items is the collection of platform obstacles that make up a section of a level, i.e. 20:10-22:55. A platform obstacle is in an open state when a character is located in the corresponding section of the level that contains the platform obstacle. A platform obstacle is in a closed state when it is outside of the section of the level that the character is located in.)
establishing a plurality of control locations in the virtual environment, wherein each of the control locations corresponds to a different one of the groups of virtual items; moving a first virtual character, responsive to received first user inputs, among the plurality of control locations in the virtual environment; determining, as the first virtual character moves among the plurality of control locations, a current control location in which the first virtual character is located; moving a second virtual character, responsive to received second user inputs, among the virtual items in the virtual environment; (20:10-22:55, The location where Cody, the first virtual character, is directly facing the group of platform obstacles while in a position to help May, the second virtual character, by using nails is the control location.
dynamically configuring, during a first game segment, virtual items to be in the open state and the closed stated based on the current locations of the first virtual character and the second virtual character by: configuring each virtual item traversed by the second virtual character to be in the open state; configuring each virtual item in the group of virtual items corresponding to the current control location to be in the open state; and configuring remaining virtual items to be in the closed state; (20:10-23:20, The remaining virtual items in a closed state are the platform obstacles outside of the section of level shown in 20:10-22:55.)
Game Wanderer does not explicitly teach, but PS3Blog teaches:
causing, during a second game segment, each virtual character to jump a target distance within the virtual environment, wherein the target distance is based on a charge duration indicated in the received respective user input. (Page 2, “Hold down the button for longer and higher jumps to clear gaps or reach platforms that, at first, seem out of reach.”)
One of ordinary skill in the art would have recognized that applying the known technique of PS3Blog to the known invention of Game Wanderer would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such jump gameplay features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention to include the step of causing, during a second game segment, each virtual character to jump a target distance within the virtual environment, wherein the target distance is based on a charge duration indicated in the received respective user input, results in an improved invention because applying said technique allows the users to have more control over their characters when it comes to traversing platforms, thus improving the overall user experience of the invention.
As per claim(s) 2, Game Wanderer teaches:
wherein dynamically configuring further comprises: configuring each virtual item traversed by the second virtual character to be in the open state. (20:10-22:55)
As per claim(s) 3, Game Wanderer teaches:
wherein dynamically configuring comprises: configuring each virtual item in the group of virtual items corresponding to the current control location to be in the open state; and configuring remaining virtual items to be in the closed state. (20:10-23:20)
As per claim(s) 4, 14, Game Wanderer teaches:
updating the dynamic configuration of the virtual items when the first virtual character moves from a first control region to a second control region. (20:10-23:20, The second control region is the section of the level shown in 22:57-23:20.)
As per claim(s) 5, PS3Blog teaches:
wherein the received second user input indicates a target distance for the second virtual character to jump, the method further comprising causing the second virtual character to jump the target distance within the virtual environment. (Page 2)
As per claim(s) 10, PS3Blog teaches:
wherein the target distance is based on a charge duration indicated in the received second user input. (Page 2)
As per claim(s) 11, 15, PS3Blog teaches:
causing the second virtual character to fall when the charge duration does not correspond to a distance between a virtual item on which the second virtual character is located and a second virtual item. (Page 2)
Game Wanderer teaches:
rescuing the second virtual character when first user input is received within a predetermined amount of time indicating to save the second virtual character. (28:46-28:57)
As per claim(s) 13, Game Wanderer teaches:
wherein dynamically configuring comprises: configuring each virtual item traversed by the second virtual character to be in the open state; configuring each virtual item in the group of virtual items corresponding to the current control location to be in the open state; and configuring remaining virtual items to be in the closed state. (20:10-23:20, The remaining virtual items in a closed state are the platform obstacles outside of the section of level shown in 20:10-22:55.)
Claims 6-9, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Non-Patent Literature YouTube Video ‘It Takes Two – Episode 2: Hammer and Nail’ to Game Wanderer in view of Non-Patent Literature Title “Unravel Two Review’ to PS3Blog, and further in view of Non-Patent Literature Title ‘Io The Wisp: The Ultimate Ganker’ to Steam Community.
As per claim(s) 6, 16, Game Wanderer as modified does not explicitly teach, but Steam Community teaches:
receiving third user input to activate a first virtual skill causing the first virtual character to move onto a same virtual item as the second virtual character; (Pages 5-6, Relocating is equivalent to move to the location of the second virtual character.)
One of ordinary skill in the art would have recognized that applying the known technique of Steam Community to the known invention of Game Wanderer as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such teleporting gameplay features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the step of when the second virtual character lands the jump on any virtual item in the open state to trigger the step of receiving third user input to activate a first virtual skill causing the first virtual character to move onto a same virtual item as the second virtual character results in an improved invention because applying said technique allows the first virtual character to traverse an otherwise non-traversable section of level through cooperation with the second virtual character, thus increasing collaboration and therefore improving the overall user experience of the invention.
As per claim(s) 7, 17, Steam Community teaches:
wherein the first virtual skill is not available when the first virtual character is located within the non-traversable area and the first virtual character is not located on any virtual item; (Pages 5-6)
As per claim(s) 8, 18, Steam Community teaches:
selectively displaying a connecting line between the first virtual character and the second virtual character, based on whether the second virtual character meets a predefined condition of the first virtual skill; (Pages 4-5, “Tether latches you on to any ally and provides 1.5 times your health regen (provided that you are missing health/regenerating it) and your mana regen (even if you are full of mana. Next it can be used as an escape mechanism. This tether has a breaking distance of 900 units, but a latch on distance of 1800 units, allowing you some pretty insane jukes. Finally it slows any enemy unit who passes through the tether line by 100% of its AS/MS. The abundance of in-game creeps and allied heroes and the insane latch distance of tether combined with its slow allows toa whole lot of mobility and escape ability.”)
As per claim(s) 9, 19, Steam Community teaches:
wherein the predefined condition comprises the first virtual character and the second virtual character being located within a predefined distance of each other within the virtual environment; (Pages 4-5)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication No. 20210056603 to Vidal discloses a system, device, and method of collaborative gaming. A first user plays a game on his electronic device, and gets stuck at a particular level or obstacle. The first user requests other users to assist him to pass that level or obstacle. An assisting user utilizes his own, separate, electronic device, for the specific purpose of temporarily engaging with that same game, at the same level or obstacle for which the assistance was requested by the first user. Success of the assisting user to pass that level or obstacle, on his own electronic device, causes the game-play on the electronic device of the first user to advance to the next level in that game, as if it was the first user who succeeded in passing. Optionally, a bidding mechanism, or an auction or a reverse auction, are used to allocate game assistance requests to candidate assisting users.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY HUANG whose telephone number is (408)918-9799. The examiner can normally be reached 9:00a - 5:30p PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAY HUANG/Primary Examiner, Art Unit 3619