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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 recite an abstract idea of organizing human activity. The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1-8 recite an information transfer method performed by an electronic device, the method comprising:
displaying a virtual scene of a virtual game in which a first virtual character is currently located;
in accordance with a first operation performed by the first virtual character, determining that the first virtual character triggers a first type of information transfer condition; and
in accordance with the first type of information transfer condition, displaying a first virtual information carrier in the virtual scene, the first virtual information carrier being configured for transferring information specified by the first virtual character and associated with the virtual scene to a second virtual character.
Claims 9-16 recite an electronic device, comprising a memory and a processor, the memory having a computer program stored therein, the computer program, when executed by the processor, causing the electronic device to perform an information transfer method including:
displaying a virtual scene of a virtual game in which a first virtual character is currently located;
in accordance with a first operation performed by the first virtual character, determining that the first virtual character triggers a first type of information transfer condition; and
in accordance with the first type of information transfer condition, displaying a first virtual information carrier in the virtual scene, the first virtual information carrier being configured for transferring information specified by the first virtual character and associated with the virtual scene to a second virtual character.
Claims 17-20 recite a non-transitory computer-readable storage medium, comprising a computer program stored therein, the computer program, when executed by a processor of a computer device, causing the computer device to perform an information transfer method including:
displaying a virtual scene of a virtual game in which a first virtual character is currently located;
in accordance with a first operation performed by the first virtual character, determining that the first virtual character triggers a first type of information transfer condition; and
in accordance with the first type of information transfer condition, displaying a first virtual information carrier in the virtual scene, the first virtual information carrier being configured for transferring information specified by the first virtual character and associated with the virtual scene to a second virtual character.
The underlined limitations recite an abstract idea of organizing human activity. The underlined limitations recite a method of communicating information from one user (character) to another user based on a condition, and therefore recite an organization of human activity.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The additional elements of: displaying a virtual scene of a virtual game in which a first virtual character is currently located; a the first virtual information carrier; a first virtual character and a second virtual character amount to mere pre solution displaying and post solution displaying, which is a form of insignificant extra-solution activity and generally links the use of the judicial exception to a compute or virtual environment.
For the reasons discussed above, the additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1-20 recite the additional elements of displaying a virtual scene of a virtual game in which a first virtual character is currently located; a the first virtual information carrier; a first virtual character and a second virtual character. Claims 9-16 recite an electronic device comprising a memory and processor to implement the claimed invention.
The step of displaying information is well known, routine and conventional. The Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function.
In addition, Gerges (US 10,121,225) discloses that is well known for gaming systems or computer (which comprises a processor and memory) to display video game characters, and a virtual world (col. 8:39-45).
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims 2-8, 10-15, 18-20 further recite steps of displaying the information, transferring the information and the modifying or the type of information which further recite an abstract idea of organizing human activity. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. The dependent clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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.
Claims 1-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Wang (CN 113813603A) (based on provided machine translation).
Claim 1. Wang discloses an information transfer method performed by an electronic device (device, computer; page 6, paragraph 10), the method comprising:
displaying a virtual scene of a virtual game (page 6, paragraph 11 - page 7, paragraph 1) in which a first virtual character is currently located (virtual role controlled by player; page 10, paragraphs 7-8);
in accordance with a first operation performed by the first virtual character, determining that the first virtual character triggers a first type of information transfer condition (container searched by teammate; page 10, paragraph 9 – page 11, paragraph 1); and
in accordance with the first type of information transfer condition, displaying a first virtual information carrier in the virtual scene, the first virtual information carrier being configured for transferring information specified by the first virtual character and associated with the virtual scene to a second virtual character (Prompt the player that the virtual container was searched by a teammate friend; page 11, paragraphs 1-5 using the “virtual information carrier” 250 in Figs. 5-6).
Claim 2. Wang discloses the method according to claim 1, wherein the displaying a virtual scene of a virtual game in which a first virtual character is currently located comprises: determining a first type of virtual information carrier corresponding to the first type of information transfer condition, and a generation position of the first type of virtual information carrier associated with the first operation; and displaying the first type of virtual information carrier as the first virtual information carrier at the generation position of the first type of virtual information carrier (Determining that the condition of marking the virtual material and displaying the location and route; page 17, paragraph 1 – page 18, paragraph 1; Figs. 6-7).
Claim 3. Wang discloses the method according to claim 1, wherein after the displaying a virtual scene of a virtual game in which a first virtual character is currently located, the method further comprises: displaying a virtual carrier interaction information list; and determining that the first virtual character triggers a second type of information transfer condition when a second operation performed on target carrier interaction information in the virtual carrier interaction information list is obtained, wherein the information transfer condition is a condition under which the first virtual information carrier is triggered to display (First virtual character performs a search on the container; page 10, paragraph 9 – page 11, paragraph 1. The search triggers a first type of information and second type of information transfer conditions of prop list 250, material identification 260 and material control 270; page 17, paragraph 4 – page 18 paragraph 1; Figs. 5-6).
Claim 4. Wang discloses the method according to claim 1, wherein after the displaying a virtual scene of a virtual game in which a first virtual character is currently located, the method further comprises: displaying a second virtual information carrier in the virtual scene, wherein the second virtual information carrier is an information carrier generated when a second virtual character participating in the virtual game triggers a target information transfer condition, and the second virtual information carrier is configured for transferring information specified by the second virtual character and associated with the virtual scene (It is interpreted that the box shaped mark 22 is a first virtual information carrier, and the prop list 250 is a second virtual information carrier; Figs. 4-5).
Claim 5. Wang discloses The method according to claim 1, wherein the displaying a first virtual information carrier in the virtual scene comprises: displaying a plurality of first virtual information carriers triggered by the first virtual character in the virtual scene, wherein the information specified by the first virtual character and associated with the virtual scene is associated with the plurality of first virtual information carriers (It is interpreted that each of the material property list 260 in Figs 5-6 is an information carrier. Therefore, Wang discloses a plurality of information carriers triggered or specified by the teammate when searching the item. In addition, Wang discloses that the carrier information can be information about any one of the virtual container searched; page 11, paragraphs 1-5).
Claim 6. Wang the method according to claim 1, wherein after the displaying a first virtual information carrier in the virtual scene, the method further comprises at least one of the following: modifying the first virtual information carrier in response to a first modification instruction and displaying a modified first virtual information carrier in the virtual scene, wherein information to be transferred by the modified first virtual information carrier is different from the information specified by the first virtual character and associated with the virtual scene; and modifying the information specified by the first virtual character and associated with the virtual scene in response to a second modification instruction to obtain modified specified information, and determining that information used by the first virtual information carrier to transfer is modified to the modified specified information (The second virtual role or claimed “first virtual character” can search and mark the virtual material so the carrier information is modified to display the marked information The second virtual role can also provide a second modifier or remark information for the first virtual character to check. In addition, information can be modified by property, historical operation behavior, role, classification and storage position; pages 18-19).
Claim 7. Wang discloses the method according to claim 1, wherein the displaying a first virtual information carrier in the virtual scene comprises at least one of the following:
displaying a virtual element mark triggered by the first virtual character in the virtual scene, wherein the virtual element mark is a virtual mark left after a target element is imprinted on a first target object in the virtual scene (The second virtual role or claimed “first virtual character” can search and mark the virtual material so the carrier information is modified to display the marked information The second virtual role can also provide a second modifier or remark information for the first virtual character to check. pages 18-19);
displaying a virtual prop triggered by the first virtual character in the virtual scene, wherein the virtual prop comprises a static prop and a dynamic prop, the dynamic prop allows triggering playback of a virtual picture, and the virtual picture is configured for transferring the information specified by the first virtual character and associated with the virtual scene (Static animation or three dimensional dynamic animation based on the player triggering a container search; page 14, paragraphs 1-5); and
displaying a second target object triggered by the first virtual character in the virtual scene, wherein the second target object is configured for dynamically transferring the information specified by the first virtual character and associated with the virtual scene (transferring information about a second object 260 in Figs. 5-6; page 17, paragraph 4 – page 18 paragraph 1; Figs. 5-6).
Claim 8. Wang discloses the method according to claim 1, wherein after the displaying a first virtual information carrier in the virtual scene, the method further comprises: displaying the information specified by the first virtual character and associated with the virtual scene, wherein the information specified by the first virtual character and associated with the virtual scene comprises at least one of the following: safety information of a current environment of the virtual scene or a target space associated with the virtual scene; situation information of virtual resources currently owned by the virtual scene or the target space; historical behavior information of the virtual scene or the target space being operated; indication direction information starting from the virtual scene or the target space; and reference information for completing a virtual task associated with the virtual scene or the target space (situation information of virtual resources currently owned by the virtual scene or the target space. In other words, virtual materials in that storage or house; page 17, paragraph 4 – page 18 paragraph 1; Figs. 5-6).
Claims 9-20. See rejection for claims 1-8 above. Wang discloses an electronic device such as a computer which inherently comprises a memory and processor (page 6, paragraph 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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/JASSON H YOO/ Primary Examiner, Art Unit 3715
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