0Notice 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.
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), as the claims are directed towards the abstract idea of “C. Managing Personal Behavior or Relationships or Interactions Between People” through game rules. The instant application, describes a game that includes acquiring game items and associated properties with the act of acquiring said game items. For example, the limitations provide instruction that “decreases the number of game media of a selected kind among game media of the player and changes a first parameter of the game media within a prescribed value as a limit,” “decreases the number of game media of a selected kind among game media of the player and changes a second parameter of the player, wherein the second update unit, on the basis of a third input by a player,” “decreases the number of specific game media with which the first parameter has reached the prescribed value among game media of the player and changes the second parameter of the player.” Each are abstract rules for playing a game. Thus, a game organizer can create a game that includes game items with associated rules for players to follow, and therefore the claims represent the abstract idea of a managing personal behavior, relationships, or interactions between people.
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. There is no improvement made to computer technology since the claims only relate to using acquiring a game item within a game. 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.
3. 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 as the claim language only recites a processor and game mediums that performs a game, however such are common qualities of generic computers performing code. Thus, the claim is directed to an abstract idea that lacks significantly more and thus is not patent eligible. Therefore, the abstract idea lacks significantly more to make the claims eligible patent subject matter.
Additionally, claims 1-4 state only the use of a program. However, programs can only be deemed statutory if they are claimed as a “non-statutory computer readable storage medium.” Please make corrections that follow this format.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 6 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Genshin Impact (https://web.archive.org/web/20211006090316/https://gamewith.net/genshin-impact/article/show/24206).
Re claims 1, 5, and 6: Genshin discloses a program that causes a computer to function as:
a number-of-game-media update unit that, when a game medium has been granted to a player, increases the number of game media of the granted kind among game media of the player (see “Receive Item To Unlock Constellations:” when a wish is granted to a player, the player can receive a duplicate character, thus increasing the number of the game characters);
a first update unit that, on the basis of a first input by a player, decreases the number of game media of a selected kind among game media of the player and changes a first parameter of the game media within a prescribed value as a limit (see “Receive Masterless Starglitter:” upon a first input instance, the player receives a wish with a duplicate character, the character is acquired and then discarded and thus the number of characters is decreased as it was previously increased. Additionally, based on the wish input, the number of constellation stars, i.e. a first parameter of the game character, is increased); and
a second update unit that, on the basis of a second input by a player, decreases the number of game media of a selected kind among game media of the player and changes a second parameter of the player (upon a second input instance, the player receives a wish with a duplicate character, the character is acquired and then discarded and thus the number of characters is decreased as it was previously increased. Additionally, based on the wish input, the game increases a player’s Starglitter),
wherein the second update unit, on the basis of a third input by a player, decreases the number of specific game media with which the first parameter has reached the prescribed value among game media of the player and changes the second parameter of the player (see “Receive Large Amount Of Masterless Starglitter:” upon a third input instance, the player receives a wish with a duplicate character, the character is acquired and then discarded and thus the number of characters is decreased as it was previously increased. However, if the game character has acquired a complete constellation, the game system automatically issues Starglitter)
Re claim 2:Gemin discloses with respect to the program according to claim 1,
wherein the second update unit accepts a third input by a player for each of the plurality of specific game media, decreases the number of the specific game media for which the third input by the player has been accepted, and changes the second parameter of the player (see “Receive Large Amount Of Masterless Starglitter:” upon a third input instance, the player receives a wish with a duplicate character, the character is acquired and then discarded and thus the number of characters is decreased as it was previously increased. However, if the game character has acquired a complete constellation, the game system automatically issues Starglitter. Gemin completes this process for a plurality of game characters as each character has a separate and distinct constellation.)
Re claim 4: Genshin discloses a program according to claim 1,
wherein the second update unit resets a duplicate number of the specific game media to an initial value thereof and changes the second parameter of the player (upon a second input instance, the player receives a wish with a duplicate character, the character is acquired and then discarded and thus the number of characters is decreased as it was previously increased, thus the duplicate number is reset to zero as the duplicate is added and then removed. As stated above the second parameter of the player in the form of Starglitter is increased)
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Genshin Impact Pity (https://www.thegamer.com/genshin-impact-pity-system/)
Re claim 3: Genshin fails to disclose with respect to the program according to claim 1,
wherein the second update unit decreases the number of the specific game media and changes the second parameter and a third parameter of the player. However, TheGamer teaches a secondary reference explaining the game wherein with each wish in addition to awarding Starglitter, i.e. the second parameter of the player, the game augments a pity total for the player to ensure that the player receives a particular character after so many wishes. It would have been obvious to one of ordinary skill in the art to modify the game of Genshin with pity counter of TheGame as they both teach the same game, and thus the pity counter would have predictably been part of the game of Genshin.
Conclusion
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