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
Claims 1-20 are pending. Claims 1-7 and 10-20 have been amended. No new claims have been added.
Response to Arguments
Applicant's arguments filed 7/15/26 have been fully considered but they are not persuasive. The Applicant’s representative presents arguments to address the rejections under 35 USC 101 and 35 USC 102. The Examiner respectfully disagrees for the reasons discussed in the sections below.
With respect to the rejection under 35 USC 101, the Applicant’s representative argues that the rejection of claims 1-20 under 35 USC 101 is rendered moot by the present amendments to the claims (see Remarks, pg. 8). The Examiner respectfully disagrees. A review of the Applicant’s amendments indicate that the claims recite a series of steps and/or instructions for managing a turn-based battle from a user including game rules such a pet virtual character to cast a virtual skill on the battle environment that is adjusted based on an environmental condition of the battle environment in which the pet virtual character is located, the environmental condition of the battle environment corresponding to an environment condition of the world environment. It follows that the claimed subject matter further recites limitations directed to a grouping of abstract ideas. For at least these reasons, the Applicant’s argument is not persuasive, and the rejection has been maintained below.
With respect to the rejection under 35 USC 102, the Applicant’s representative argues that the prior art of WoW Classic: Pet Battles, as evidenced by Hazelnuttygames, WoWpedia, and Breanni, and WoWpedia1 fails to disclose “controlling, by processing ciricuitry, the pet virtual character to vast a virtual skill on the battle environment, at least one of skill strength, a skill effect, or a visual effect of the virtual skill being adjusted based on an environment condition of the battle environment in which the pet virtual character is located”. The Examiner respectfully disagrees. After further search and consideration, a review of the prior art of WoW Pet Battles, it is noted that upon a trigger event for a turn-based battle from a user in the game the pet virtual character adjusts based on an environmental condition of the battle environment in which the pet virtual character is located, the environment condition of the battle environment corresponding to at least an environment condition of the world environment (see Wowpedia’s “Pet Battle System”, pgs. 7-15, citing to sections “Battling” “Weather”, “Using abilities”). For at least these reasons, the Applicant’s argument is not persuasive and the rejection has been maintained 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 therefore, 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 idea without significantly more. The claims recite limitations directed to a grouping of abstract ideas such as:
1. A turn-based battle interface display method, the method comprising:
displaying, by processing circuitry, a first scene picture corresponding to a master virtual character located in a world environment;
receiving a trigger event for a turn-based battle from a user; - certain method of organizing human activity;
displaying, in response to the trigger event for the turn-based battle, a second scene picture corresponding to a pet virtual character located in a battle environment, the pet virtual character being a virtual character released by the master virtual character, and the battle environment being a partial environment of the world environment; and -certain method of organizing human activity;
controlling, by the processing circuitry, the pet virtual character to cast a virtual skill on the battle environment, at least one of skill strength, a skill effect, or a visual effect of the virtual skill being adjusted based on an environmental condition of the battle environment in which the pet virtual character is located, the environmental condition of the battle environment corresponding to an environmental condition of the world environment. – certain method of organizing human activity;
The limitations, as underlined above, are found to recite rules and/or instructions for managing a turn-based pet battle game including managing a trigger event from a user because they are analogous to a certain method of organizing human activity which includes sub-groupings such as managing a social activity (including rules and instructions). For at least this reason, 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: “displaying, by processing circuitry, a first scene picture corresponding to a master virtual character located in a world environment;” “displaying, in response to the trigger event for the turn-based battle,” and “controlling, by the processing circuitry,” are found to recite steps that amount to mere instruction to apply the exception (see MPEP 2106.05(f)), insignificant extra solution activity (see MPEP 2106.05(g)), and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(h)). For at least these reasons, the additional elements are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as: “processing circuitry” when viewed individually and/or along with the limitations of the claims as a collection of elements do not amount to significantly more but are similar to the decision in Alice v. CLS in which the “processing circuitry” amount 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 in which to perform the abstract idea (see MPEP 2106.05(f)-(h)).
Independent Claims 15 and 18 recite substantially the same subject matter of independent Claim 1 as addressed above and the differences do not alter the analysis which is incorporated herein. For instance, independent Claim 18 recites “a processor” and “a non-transitory computer readable storage medium” which are highly-generalized computer components that are similar to what was at issue in Alice v. CLS where the computer is invoked as a tool to implement the abstract idea and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) and (h)). For at least these reasons, independent Claims 15 and 18 are found to recite a grouping of abstract ideas without significantly more.
Regarding dependent claims 2-14, 16-17, and 19-20 have been reviewed and were found to each include at least one of: additional limitations directed to a grouping of abstract ideas (see MPEP 2106.04(a)), mere instructions to apply the exception; 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, claims 1-20 are found to recite 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, 12, 14-16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WoW Classic: Pet Battles, as evidenced by Hazelnuttygames “How to Get Started with Pet Battles From Scratch”, retrieved from YouTube, posted 2019, via Internet URL< How to Get Started with Pet Battles From Scratch>; WoWpedia’s “Pet Battle System” retrieved via Internet Wayback Machine posted May 18, 2022; Breanni’s “Guide to WoW Pet Breeds and Breed IDS” retrieved via Internet Wayback Machine posted February 12, 2022; Wowpedia’s “Happiness” retrieved via Internet Wayback Machine posted May, 20, 2022.
Regarding claim 1, WoW Classic Pet Battles discloses a turn-based battle interface display method (see Hazelnuttygames, Fig. 1-9- @0:52- 3:03, wherein WoW provides a method of providing a turn-based battle on a display interface of a computer which is a type of processing circuitry; WoWpedia “Pet Battle System”, pg. 1-23), the method comprising:
displaying, by processing circuitry, a first scene picture corresponding to a master virtual character located in a world environment (see Hazelnuttygames, Fig. 1-9 - @6:14-6:32 – wherein the first scene picture corresponds to the master virtual game character in a virtual world environment such as ‘Haezelle’);
receiving a trigger event for a turn-based battle from a user (see Wowpedia’s “Pet Battle System”, pg. 11-15);
displaying, in response to the trigger event for the turn-based battle, a second scene picture corresponding to a pet virtual character located in a battle environment, the pet virtual character being a virtual character released by the master virtual character, and the battle environment being a partial environment of the world environment (see Hazelnuttygames – Fig. 1-9, @6:14-7:00, wherein the turn-based battle is initiated by a trigger event (e.g., accept match) which provides a second scene picture for a battle scene environment wherein the pet is released by Haezelle in a partial environment of the overall world environment (e.g., into the battle scene between players) when accepting battle with ‘Old MacDonald’; WoWpedia “Pet Battle System”, pg. 1-23); and
controlling, by processing circuitry, the pet virtual character to cast a virtual skill on the battle environment, at least one of skill strength, a skill effect, or a visual effect of the virtual skill being adjusted based on an environmental condition of the battle environment in which the pet virtual character is located, the environment condition of the battle environment corresponding to an environmental condition of the world environment (see Hazelnuttygames – Fig. 1-9,“The Pet Journal” – @0:45-3:03, wherein type of pet, equipped skills for the battle is selected to control the values for one of skill strength, a skill effect, or a visual effect of the virtual skill associated with an environmental factor (e.g., type of attack types, health, power, and speed of the battle game; Breanni – pg. 1-5; WoWpedia –‘Happiness’, pg. 1-4; WoWpedia “Pet Battle System”, pg. 1-23- wherein the skills and abilities of casting effects are adjusted based on the weather conditions of the battle environment that corresponds to the world environment where the battle is taking place;).
Regarding claim 2, Wow Classic discloses the method according to claim 1. WoW Classic further discloses wherein the at least one of the skill strength or the skill effect of the virtual skill is adjusted based on an emotion state of the pet virtual character (see WoWpedia “Happiness”, pg. 1-2, wherein the mood of the virtual pet determines the strength of the damage factor).
Regarding claim 12, WoW Classic discloses the method according to claim 1. WoW Classic further discloses wherein the environmental condition of the battle environment is associated with a battle status in a combat process of the turn-based battle (see Hazelnuttygames, Fig. 1-9, - @6:14-7:00; WoWpedia “Happiness”, pg. 1-2–wherein the amount of damage factor the pet will be able to provide in the battle environment is based on Happiness (e.g., 125% of normal if Happy; 100% if Content; and 75% if Unhappy) that is dependent upon environment factors of food and events such as the passing of time/death in a combat process of the turn-based battle).
Regarding claim 14, WoW Classic discloses the method according to claim 1. Wow Classic further comprising: during the turn-based battle, changing the environmental condition of the battle environment when an environmental condition of the partial environment changes (see WoWpedia “Happiness”, pg. 1-2).
Regarding claim 15, WoW Classic discloses a turn-based battle interface display apparatus, comprising:
processing circuitry configured to (see Hazelnuttygames, Fig. 1-9– @0:12-0:30; WoWWiki, pg. 1-23): display a first scene picture corresponding to a master virtual character located in a world environment (see Hazelnuttygames - @6:26-7:00);
receiving a trigger event for a turn-based battle from a user (see Wowpedia’s “Pet Battle System”, pg. 1-23);
display, in response to the trigger event for the turn-based battle, a second scene picture corresponding to a pet virtual character located in a battle environment, the pet virtual character being a virtual character released by the master virtual character, and the battle environment being a partial environment of the world environment (see Hazelnuttygames, Fig. 1-9, @6:14-7:00; WoWpedia “Pet Battle System”, pg. 1-23); and
control the pet virtual character to cast a virtual skill on the battle environment, at least one of skill strength, a skill effect, or a visual effect of the virtual skill being adjusted based on an environmental condition of the battle environment in which the pet virtual charter is located, the environmental condition of the battle environment corresponding to an environmental condition of the world environment (see Hazelnuttygames, Fig. 1-9, @0:45 – 3:23; 3:45-4:20; WoWpedia “Pet Battle System”, pg. 1-23).
Regarding claim 16, WoW Classic discloses the apparatus according to claim 15, wherein the at least one of the skill strength or the skill effect of the virtual skill is adjusted based on an emotion state of the pet virtual character (see Wowpedia – “Happiness”, pg. 1-4).
Regarding claim 18, WoW Classic discloses a non-transitory computer-readable storage medium, storing instructions which when executed by a processor cause the processor to perform (see Hazelnuttygames – @0:12-0:30, wherein the computer to present the game WoW Classic is a computer storing computer game instructions and executed to display the progress of the WoW Classic game; WoWpedia “Pet Battle System”, pg. 1-23):
displaying a first scene picture corresponding to a master virtual character located in a world environment (see Hazelnuttygames - @6:14-7:00; WoWpedia “Pet Battle System”, pg. 1-23);
receiving a trigger event for a turn-based battle from a user (see WoWpedia “Pet Battle System”, pg. 1-23);
displaying, in response to the trigger event for the turn-based battle, a second scene picture corresponding to a pet virtual character located in a battle environment, the pet virtual character being a virtual character released by the master virtual character, and the battle environment being a partial environment of the world environment (see Hazelnuttygames @6:14-7:00; WoWpedia “Pet Battle System”, pg. 1-23); and
controlling the pet virtual character to cast a virtual skill on the battle environment, at least one of skill strength, a skill effect, or a visual effect of the virtual skill being associated with an environmental factor of the battle environment (see Hazelnuttygames –@0:48 – 3:23; 3:45-4:20; WoWpedia “Pet Battle System”, pg. 1-23).
Regarding claim 19, WoW Classic discloses the non-transitory computer-readable storage medium according to claim 18. WoW Classic further discloses wherein the at least one of the skill strength or the skill effect of the virtual skill is adjusted based on an emotion state of the pet virtual character (see Wowpedia – “Happiness”, pg. 1-4).
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.
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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.
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/RYAN HSU/EXAMINER, Art Unit 3715
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