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 Status
Claim 1-20 are pending. Claims 1, 6, 15-16, and 20 are amended and no new claims have been added.
Response to Arguments
Applicant's arguments filed 5/6/26 have been fully considered but they are not persuasive. The Applicant’s representative presents arguments to address the rejections under 35 USC 101 and 102 which are addressed in the sections below.
With respect to the rejections under 35 USC 101, the Applicant’s representative argues that the claims are not directed to a grouping of abstract ideas because they reflect technical improvements identified in Specification that provide a party with a round point advantage can quickly view the birth/spawn point that is improves the “convenience and efficient of the operation, and reducing processing overhead of the terminal device” that is a technical improvement to how the computing system renders and displays virtual environment pictures (see Remarks, pg. 8-10). The Examiner respectfully disagrees. The claims recite instructions performed by a data processing system to for “granting a right to control” during the first round based on the first virtual object having won an immediately preceding round of the adversarial game” which recites a rules and/or instruction for managing the adversarial interactive game. For at least these reasons, the Applicant’s argument that the claims do not recite a certain method of organizing human activity is not persuasive.
Additionally, the additional limitations which include “establishing a first spawn point”, “placing the first virtual camera at a location in the virtual environment based on the first spawn point”, “controlling the first round of the interactive game”, and “causing, in response to user input originating from the first user terminal and indicating a picture switching operation” recite additional steps that are directed to managing the adversarial game, limitations which invoke a computer as a tool to implement the abstract idea, insignificant extra solution activity, and/or providing a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). With respect to the technical improvement consideration, the limitations of the claims are not found to recite a technical solution to a technical problem but defines the invention for driving the management of the adversarial interactive game when particular game conditions are met which does not provide a technical improvement to the functioning of the data processing system but is towards the operations to implement the adversarial game. It follows that the recitation of how the computing system renders and displays virtual environment pictures amount to arranging transaction information on a graphical user interface in a manner that assist the players to process the information which is not indicative of an improvement in computer functionality (see MPEP 2106.05(a)I). For at least these reasons, the Applicant’s argument is not persuasive and the analysis and rejection have been maintained below.
With respect to the prior art rejection, the Applicant’s representative argues that the prior art of Battlefield 2 fails to disclose “granting a right to control a first virtual camera in the interactive virtual environment to the first virtual object during the first round based on the first virtual object having won an immediately preceding round of the adversarial interactive game” (see Remarks, pg. 10-12). Specifically, the Applicant’s representative characterizes the rejection of Battlefield 2 as granting a right to control a first virtual camera based on “a previous round” which equates to the cumulative account-level experience (“rank”) accumulated over the player’s gaming history. In contrast, the Applicant’s representative asserts the amendments which recite “won an immediately preceding round of the adversarial game” which is fundamentally different than Battlefield 2’s account-level experience system accumulated over a player’s entire gaming history across many games (see Remarks, pg. 10-11). The Examiner respectfully disagrees. A review of the Specification does not disclose or describe how a “won” in an immediately preceding round of the adversarial game is achieved or qualified to distinguish the win discloses in Battlefield 2’s “account-level experience system” from the cited portions of the Specification. For instance, the cited portions of the Specification do not appear to provide any criticality or particulars as to “the first virtual object having won an immediately preceding round of the adversarial interactive game” but rather explicitly states that “the winner of the historical round may be a winner of a previous round”. It is clear from the cited portions of the Specification that there is no criticality as to “immediately preceding round of the adversarial game”. At best, the Specification indicates that a win of an arena game of a team based upon a plurality of rounds of a game and/or a previous round of a game but does not provide details as to determining the win of the adversarial game in order to preclude the interpretation argued by the Applicant’s representative. It follows that, under the plain and ordinary meaning, a win of the adversarial game, may be construed as a victorious achievement in the game which includes an embodiment of Battlefield 2 that grants a first virtual camera (e.g., Commander (Feature)) to the first virtual object (e.g., a player) that has been victorious as a team in the adversarial interactive game and accumulated the largest cumulative account-level experience (“rank”) for the next round of the game which satisfies the requirement to be “based on the first virtual object having won an immediately preceding round of the adversarial game”. Therefore, Battlefield 2 discloses that the right of grant is determined based upon the first virtual object on a team that wins in the immediately preceding round and the player that achieves the highest ranking which is based on the first virtual object having won an immediately preceding round of the adversarial interactive game. Furthermore, the accumulated experience points, which in the game of Battlefield 2, are an an indication of a player’s score in the game up to the immediately preceding round of the adversarial game may be construed as a win of the immediately preceding round of the adversarial interactive game to the player that has achieved the accumulated score in the game on the winning team. For at least these reasons, the Applicant’s argument is not persuasive and the rejection has been maintained below.
Additionally, the Examiner notes that a review of the Specification indicates that there is no criticality to determining the grant of right based upon “immediately preceding” additionally, the teachings of the prior art of Battlefield 2, though it is not asserted below, that granting a right to a virtual camera in an adversarial game based upon having “won an immediately preceding round of the adversarial interactive game” is merely one of a finite set of possibilities (e.g., immediately preceding, a previous round, and/or after the round) that would have been obvious to try and/or a matter of DESIGN CHOICE. For at least these reasons, whether under a 102 as asserted below or in the alternative, the prior art of Battlefield 2 discloses and/or renders obvious the limitation “won an immediately preceding round of the adversarial interactive game”. For at least these reasons, the prior art rejection has been maintained below.
With respect to claim 3, the Applicant’s representative argues Battlefield 2 does not teach or suggest “there is an obstruction between the second virtual object and the third virtual object within the virtual environment, and the obstruction is configured to obstruct a line of sight by the third virtual object of the second virtual object”. After further consideration of the prior art references, the Applicant’s argument is persuasive and the rejection of claim 3 has been withdrawn below.
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 grouping of abstract ideas without significantly more. The claims, as exemplified by independent Claim 1, recites limitations directed to a grouping of abstract ideas such as:
1. A method comprising: initiating an interactive virtual environment;
establishing a first spawn point for a first virtual object in a first round of an adversarial interactive game; - certain method of organizing human activity;
granting a right to control a first virtual camera in the interactive virtual environment to the first virtual object during the first round based on the first virtual object having won an immediately preceding round of the adversarial interactive game; -certain method of organizing human activity such as managing a social activity including rules and/or instructions
placing the first virtual camera at a location in the virtual environment based on the first spawn point; - certain method of organizing human activity;
controlling the first round of the interactive game based on user inputs received from a plurality of user terminals, wherein each terminal corresponds to a different user account and controls a different virtual object in the interactive game; -certain method of organizing human activity including rules and/or instructions;
causing a virtual environment picture to be displayed on a first user terminal corresponding to the first virtual object, wherein the virtual environment picture corresponds to a real-time view of the virtual environment based on a then current location of the first virtual object in the virtual environment; and
causing, in response to user input originating from the first user terminal and indicating a picture switching operation, a virtual camera picture to be displayed on the first user terminal, wherein the virtual camera picture corresponds to a view based on the location and a lens direction of the first virtual camera.
The limitations, as underlined and exemplified by independent Claim 1, are found to recite a certain method of organizing human activity because they recite steps and/or instructions for managing an adversarial interactive game. For at least these reasons, the claims are found to recite a grouping of abstract ideas under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “initiating an interactive virtual environment;” “causing a virtual environment picture to be displayed on a first user terminal corresponding to the first virtual object, wherein the virtual environment picture corresponds to a real-time view of the virtual environment based on a then current location of the first virtual object in the virtual environment;” and “causing, in response to user input originating from the first user terminal and indicating a picture switching operation, a virtual camera picture to be displayed on the first user terminal, wherein the virtual camera picture corresponds to a view based on the location and a lens direction of the first virtual camera.” are found to merely invoke a computer as a tool to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For at least these reasons, the additional limitations of the claims, as exemplified by independent Claim 1, are not found integrate the claim into a practical application under Step 2A-prong 2.
The claims, as exemplified by independent claim 1, recite additional elements such as: “a first user terminal” that when viewed individually and/or as a whole is not sufficient to amount to significantly more than the judicial exception because it amounts to mere instructions to invoke a computer as a tool to implement the abstract idea, perform insignificant extra solution activity, and/or provide a technological environment to perform the abstract idea (see MPEP 2106.05(f)-(h)). It follows that the additional elements are similar to the court’s decision in Alice v. CLS, wherein the additional element is not sufficient to show an improvement to computer functionality and/or a different field that provides significantly more than the abstract idea. claim 1 does not recite additional elements under Step 2B.
With respect to independent Claims 16 and 20, the claims recite substantially the same subject matter that has been analyzed above. The analysis of independent Claim 1 is incorporated herein. The differences in the claims are directed to additional elements that are recited by independent Claims 18 and 20. For instance, independent claim 18 recites “One or more non-transitory computer readable media storing computer readable instructions”, “a processor” and “a data processing system”. Independent Claim 20 recites “A data processing system” comprising a process and memory storing computer readable instructions” which does not change or alter the analysis from independent Claim 1 because these additional elements when viewed individually and/or as a collection of elements amount to highly-generalized commercially available computer components that perform their ordinary and general functions similar to Alice v. CLS. It follows that these additional elements do not amount to significantly more but are analogous to reciting a computer as a tool to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For at least these reasons, independent Claims 16 and 20 are found to be directed to a grouping of abstract ideas without significantly more.
Regarding dependent claims 2-15 and 17-19, the limitations have been reviewed and analyzed and were found to further recite limitations directed to at least one of: a grouping of abstract ideas (see MPEP 2106.04(a)), mere instructions to apply the exception (see MPEP 2106.05(f)), insignificant extra solution activity; and/or provide a technological environment in which to perform the abstract idea. For at least these reasons, claims 1-20 are found to be directed to a grouping of abstract ideas without significantly more.
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 1-2, 4, 6-8, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the game Battlefield 2, herein “Battlefield 2”, as evidenced by [revive project]’s “Battlefield 2 Commander Gameplay”, retrieved from YouTube URL<Battlefield 2 Commander Gameplay - Nice Team effort! Dragon Valley>, posted May 20, 2021, hereinafter ‘Commander Gameplay’, and Battlefield Wiki’s ‘Battlefield 2’, retrieved via Wayback Machine, June 27, 2022; ‘Commander(Feature)’ retrieved via Wayback Machine, June 28, 2022; ‘Commander View’, retrieved via Wayback Machine, December 08, 2019; ‘Control Point’, retrieved via Wayback Machine, June 25, 2022).
Regarding claims 1, Battlefield 2 discloses a method comprising: initiating an interactive virtual environment (see Commander Gameplay - @0:00-1:00 – wherein the multiplayer game Battlefield 2 initiates an interactive virtual environment);
establishing a first spawn point for a first virtual object in a first round of an adversarial interactive game (see ‘Control Point’ – pg. 1-4 of Battlefield Wiki, wherein control points serve spawn points);
granting a right to control a first virtual camera in the interactive virtual environment to the first virtual object during the first round based on the first virtual object having won an immediately preceding round of the adversarial interactive game (see ‘Commander (Feature)’ -pg. 1-5 of Battlefield Wiki - wherein the Commander role is a right to control, provided to the senior-most player in terms of ‘experience’ of the player in the team that won in the previous round of the game, which is analogous to the first virtual object having won an immediately preceding round of the adversarial interactive game, to control a first virtual camera;);
placing the first virtual camera at a location in the virtual environment based on the first spawn point (see ‘Commander Gameplay - @0:00-1:00; ‘Commander (Feature)’-pg. 1-5 –‘Control Point’- pg. 1-4 and ‘Commander View’- pg. 30-33 of Battlefield Wiki);
controlling the first round of the interactive game based on user inputs received from a plurality of user terminals (see ‘Commander Gameplay’ – 0:09-0:59; ‘Battlefield 2’ of Battlefield Wiki- wherein the first round is a round of Battlefield 2), wherein each terminal corresponds to a different user account and controls a different virtual object in the interactive game (see ‘Battlefield 2’ of Battlefield Wiki – pg. 1-8, wherein the multiplayer game mode provides factions made up of squads using different users of user accounts on the terminals that control different virtual objects (e.g., characters vehicles, units);
causing a virtual environment picture to be displayed on a first user terminal corresponding to the first virtual object (see ‘Commander Gameplay’ – 0:09-0:59; ‘Commander View’ – pg. 30-33), wherein the virtual environment picture corresponds to a real-time view of the virtual environment based on a then current location of the first virtual object in the virtual environment (see ‘Commander Gameplay’; ‘Commander View’ of Battlefield Wiki – pg. 30-33 – wherein the picture switching allow for the satellite view camera to switch to the real-time camera in the Commander View); and
causing, in response to user input originating from the first user terminal and indicating a picture switching operation (see ‘Commander Gameplay’ – 0:009-0:59; ‘Commander View’ – pg. 30-33); a virtual camera picture to be displayed on the first user terminal, wherein the virtual camera picture corresponds to a view based on the location and a lens direction of the first virtual camera (see ‘Commander Gameplay’ – 0:09-1:00; ‘Commander View’ of Battlefield Wiki, pg. 30-33, wherein the picture switching operation allows for user inputs to switch between the in-game camera between a satellite view and a real-time camera that located some distance above ground).
Regarding claim 16, Battlefield 2 discloses one or more non-transitory computer readable media storing computer readable instructions which, when executed by a processor, configure a data processing system to perform (see Commander Gameplay - @0:00-1:00; ‘Battlefield 2’ via Battlefield Wiki – wherein Battlefield 2 is a computer game stored and executed on a system that configures a data processing system to perform the game):
initiating an interactive virtual environment (see Commander Gameplay - @0:00-1:00);
establishing a first spawn point for a first virtual object in a first round of an adversarial interactive game (see ‘Control Point’ – pg. 1-4 of Battlefield Wiki,);
granting a right to control a first virtual camera in the interactive virtual environment to the first virtual object during the first round based on the first virtual object having won an immediately preceding round of the adversarial interactive game (see ‘Commander (Feature)’ -pg. 1-5 of Battlefield Wiki);
placing the first virtual camera at a location in the virtual environment based on the first spawn point (see ‘Commander Gameplay - @0:00-1:00; ‘Commander (Feature)’-pg. 1-5 –‘Control Point’- pg. 1-4 and ‘Commander View’- pg. 30-33 of Battlefield Wiki);
controlling the first round of the interactive game based on user inputs received from a plurality of user terminals (see ‘Commander Gameplay’ – 0:09-0:59; ‘Battlefield 2’ of Battlefield Wiki-), wherein each terminal corresponds to a different user account and controls a different virtual object in the interactive game (see ‘Battlefield 2’ of Battlefield Wiki – pg. 1-8);
causing a virtual environment picture to be displayed on a first user terminal corresponding to the first virtual object, wherein the virtual environment picture corresponds to a real-time view of the virtual environment based on a then current location of the first virtual object in the virtual environment; and
causing, in response to user input originating from the first user terminal and indicating a picture switching operation, a virtual camera picture to be displayed on the first user terminal, wherein the virtual camera picture corresponds to a view based on the location and a lens direction of the first virtual camera.
Regarding claim 20, Battlefield 2 disclose 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 (see Battlefield 2, ‘Commander Gameplay’ is presented on a data processing computing system that executes the game using a processor and a memory storing instructions for the game and presented on the display):
initiating an interactive virtual environment (see Commander Gameplay - @0:00-1:00);
establishing a first spawn point for a first virtual object in a first round of an adversarial interactive game (see ‘Control Point’ – pg. 1-4 of Battlefield Wiki);
granting a right to control a first virtual camera in the interactive virtual environment to the first virtual object during the first round based on the first virtual object having won an immediately preceding round of the adversarial interactive game (see ‘Commander (Feature)’ -pg. 1-5 of Battlefield Wiki);
placing the first virtual camera at a location in the virtual environment based on the first spawn point ((see ‘Commander Gameplay - @0:00-1:00; ‘Commander (Feature)’-pg. 1-5);
controlling the first round of the interactive game based on user inputs received from a plurality of user terminals (see ‘Commander Gameplay’ – 0:09-0:59; ‘Battlefield 2’ of Battlefield Wiki), wherein each terminal corresponds to a different user account and controls a different virtual object in the interactive game (see ‘Battlefield 2’ of Battlefield Wiki – pg. 1-8);
causing a virtual environment picture to be displayed on a first user terminal corresponding to the first virtual object, wherein the virtual environment picture corresponds to a real-time view of the virtual environment based on a then current location of the first virtual object in the virtual environment (see ‘Commander Gameplay’; ‘Commander View’ of Battlefield Wiki – pg. 30-33); and
causing, in response to user input originating from the first user terminal and indicating a picture switching operation (see ‘Commander Gameplay’ – 0:009-0:59; ‘Commander View’ – pg. 30-33), a virtual camera picture to be displayed on the first user terminal, wherein the virtual camera picture corresponds to a view based on the location and a lens direction of the first virtual camera (see ‘Commander Gameplay’ - ‘Commander View’ of Battlefield Wiki, pg. 30-33).
Regarding claims 2 and 17, Battlefield 2 discloses the method according to claim 1 and the computer readable medium according to claim 16. Battlefield 2 further discloses wherein after causing the virtual camera picture to be displayed, the method further comprises:
receiving user input originating from the first terminal requesting a marking operation on a second virtual object within a field of view of the first virtual camera (see Commander Gameplay – 0:09-1:30 – wherein the user input from the Commander request ‘spotting’ ‘scanning’ and command assets and issue orders and zoom in and/or change the camera view);
causing marking information corresponding to the second virtual object to be displayed on a second user terminal corresponding to an account controlling a third virtual object, wherein the third virtual object is on a same team as the first virtual object (see Commander Gameplay – 0:09-1:30; Commander (Feature) – pg. 1-5; Battlefield 2 – pg. 1-5 – wherein the Commander gains the ability to mark information on the map such as spot, scan, deliver resources, issue orders to other members of the squad such as providing assets and resources and ordering specific objectives that are displayed to the other users in the squad).
Regarding claim 4 and 18, Battlefield 2 discloses the method of claim 1 and the computer readable media according to claim 16. Battlefield 2 further discloses wherein the instructions further configure the data processing system to perform: placing a plurality of virtual cameras based on the first spawn point (see Control Point – pg. 1-4 of Battlefield Wiki), wherein the plurality of virtual cameras comprises the first virtual camera, wherein the granting comprises granting the first virtual object the right to control the plurality of the virtual cameras (see Commander (Feature) – pg. 1-5; Commander View – pg. 30-33 wherein the granting of the Commander View is a right to control the plurality of virtual cameras on the map); wherein the first virtual camera is selected from the plurality of virtual cameras based on a usage status of each of the plurality of virtual cameras (see Commander Gameplay – 0:09-1:00; Control Point – pg. 1-4, wherein the home base is a team’s initial spawn point selected by the wherein the Commander role is present (e.g., a usage status of the players); wherein the control points of the virtual cameras are placed upon spawn points including the first spawn point and the control points comprise the first virtual camera; Commander View – pg. 30-33.
Regarding claim 6, Battlefield 2 discloses the method according to claim 4, further comprising:
receiving further user input originating from the first terminal indicating the camera switching operation causing display on the first terminal of a second camera picture captured by a second virtual camera of the plurality of virtual cameras, wherein the second virtual camera and the first virtual camera have different fields of view within the virtual environment (see Commander Gameplay – 0:09-1:30 wherein the first virtual camera is a satellite view of the interactive gaming environment and the second virtual camera is a real-time view of the ground level which are different fields of view).
Regarding claim 7, Battlefield 2 discloses the method according to claim 6, further comprising:
determining the second virtual camera from the plurality of virtual cameras according to the one or more selection criteria (see Commander Gameplay – 0:09-1:00; wherein the second virtual camera location is placed in a real-time view above the ground in accordance with the spawn points; Control Point – pg. 1-5, wherein the cameras are determined based on control points/flag posts on the map).
Regarding claim 8, Battlefield 2 discloses the method according to claim 4, wherein the one or more selection criteria are based on one or more of:
a distance between the first virtual object and the corresponding virtual camera;
a distance between a second virtual object and the corresponding virtual camera; and/or a user configured criterion (see Commander Gameplay – 1:00-1:30 - wherein the second input is a user configured criterion for a zoom-in camera view of the control point in the map).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RYAN HSU whose telephone number is (571)272-7148. The examiner can normally be reached Monday - Friday 10:00-6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYAN HSU/ EXAMINER, Art Unit 3715