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 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.
The claims are directed to displaying and adjusting information (mental processes and organizing methods of human activity) involving:
displaying information;
displaying scene auxiliary information;
adjusting content in a field of view (related to editing information, or a person changing viewing parameters, e.g., position);
an adjustment operation of the field of view;
adjusting visibility of the scene auxiliary information (related to editing information, e.g., removing, blocking, or modifying particular information, or a person’s vision of information changes according to respective position, distance, etc.);
restoring the visibility of the scene auxiliary information
Claims 1, 13, and 20 do not integrate the abstract ideas into a practical application.
The claim does not improve the functioning of the computer itself or another technology; rather, it uses the computer components as tools to implement the abstract idea of displaying and adjusting information.
No particular machine beyond generic components. Claims 1, 13, and 20 recite “electronic device”; claims 13 and 20 recite “processor”; claim 13 recites “memory”; claim 20 recites “non-transitory computer-readable storage medium”; yet, these are generic computing elements. See MPEP 2106.05(b), (f).
The additional elements (virtual scene, operation control, virtual object) are generally linking the use of a judicial exception to a particular technological environment or field of use and do not impose a meaningful limit on the abstract idea.
Accordingly, the claim does not integrate the abstract idea into a practical application under MPEP § 2106.04(d).
Considered individually and as an ordered combination, the claims do not recite an inventive concept (“significantly more”) beyond the abstract ideas.
Generic computer components and environments (electronic device, processor, memory, and non-transitory computer-readable storage medium) performing information displaying and adjusting are well-understood, routine, and conventional (WURC) activities in the field of computer gaming.
Regarding dependent claims 7 and 19, the mere use of machine learning/neural networks, without recitation of a specific, non-conventional model architecture, training regimen, or computer-resource optimization that improves the computer itself, is treated as abstract and conventional. See SAP America v. InvestPic (advanced statistics still abstract); In re Board of Trustees of Leland Stanford Univ., 991 F.3d 1245 (Fed. Cir. 2021) (mathematical algorithms for haplotype phasing ineligible absent specific technological improvement).
Under Berkheimer v. HP, 881 F.3d 1360, absent evidence in the record that any claimed element or arrangement is not WURC, it is proper to treat generic servers, processors, memories, and data displaying/adjusting as conventional. The claims do not recite non-conventional computer functionality or architecture.
No specific algorithm, data structure, or hardware improvement is claimed that would transform the abstract idea into patent-eligible subject matter.
Therefore, claims 1-20 are ineligible under 35 U.S.C. § 101. The claims are directed to judicial exceptions—mental process and organizing methods of human activity —and do not integrate those exceptions into a practical application. The additional elements, viewed individually and in combination, amount to no more than the abstract idea of displaying and adjusting information, implemented on a generic computer, and therefore do not add “significantly more.”
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-6, 10, 12-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YouTube video: Map Control tips for Miramar! PUBG MOBILE - https://www.youtube.com/watch?v=-HAsj9UcsCM&t=3s to PUBG Mobile.
Claims 1, 13, and 20. PUBG Mobile discloses an electronic device, the electronic device comprising:
a memory, configured to store computer-executable instructions; and
a processor, configured to, when executing the computer-executable instructions stored in the memory (PUBG Mobile video game is played on smartphone or other portable computing devices that use processors, memories, and computer software to provide video game play), implement a method for displaying information in a virtual scene, the method including:
displaying scene auxiliary information (additional data, e.g., menus, messages, background images, prompts) of the virtual scene and an operation control of the virtual scene (at 0:01-0:03, 1:32, 2:56-3:12 using virtual icons, buttons, e.g., virtual directional pad, scope), the operation control being configured to control an action of a virtual object in the virtual scene (particular icons, buttons control game player character actions in the video game);
while adjusting content in a field of view of the virtual object in response to an adjustment operation of the field of view of the virtual object through the operation control (using game control buttons/icons to present game images within the video game according to: player movement, gathering game items, destroying game objects, varying player viewpoints, map):
adjusting visibility of the scene auxiliary information, wherein the adjusted visibility of the scene auxiliary information is lower than visibility of the operation control (in-game graphics are adjusted according to game circumstances, for instance, messages disappear from game screen depending on game circumstances, at 0:48-1:05, 2:41 e.g., “nearby” items, “picked up…” items; at 2:35-2:37 kills, player’s status; at 2:13-2:18 inventory, ”loot up”; at 2:21-:23 game prompts, e.g., “open/close” doors); and
restoring the visibility of the scene auxiliary information when the adjustment operation of the field of view ends (in-game graphics are adjusted according to game circumstances, for instance, messages appear on game screen depending on game circumstances, at 0:48-1:05, 2:41 e.g., “nearby” items, “picked up…” items; at 2:35-2:37 kills, player’s status; at 2:13-2:18 inventory, ”loot up”; at 2:21-:23 game prompts, e.g., “open/close” doors; note, under varying circumstances a large variety of game objects such as opponents, vehicles, background images, weapons, items in use, and the like appear/disappear from the game screen).
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Claims 2 and 14. PUBG Mobile discloses wherein the method further comprises:
displaying a turning control configured to control an orientation of the virtual object; and
receiving a turning operation for the virtual object triggered based on the turning control as the adjustment operation of the field of view (see the virtual directional control pads).
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Claims 3 and 15. PUBG Mobile discloses wherein the scene auxiliary information of the virtual scene is displayed through a first displaying layer of a view layer and the operation control of the virtual scene is displayed through a second displaying layer that is independent of the first displaying layer (some in-game graphics such messages, game prompts are visually presented differently and in different areas than the directional game pads).
Claims 4 and 16. PUBG Mobile discloses wherein the scene auxiliary information comprises:
prompt information configured for prompting an event or a status in the virtual scene, and entrance information of an auxiliary function of the virtual scene (in this case, prompts for pickup of nearby items or opening/closing a door).
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Claims 5 and 17. PUBG Mobile discloses wherein the adjusting visibility of the scene auxiliary information comprises:
adjusting transparency of the scene auxiliary information to a target transparency higher than a preset transparency while keeping the operation control of the virtual scene at the preset transparency (at 7:50-7:52, in-game messages fades away, at 7:50-7:51 type of weapon in use indicators darkens or lightens).
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Claims 6 and 18. PUBG Mobile discloses wherein the scene auxiliary information comprises auxiliary information of a prompt type (in this case, prompts for pickup of nearby items or opening/closing a door) and auxiliary information of a non-prompt type (e.g., notification messages);
the restoring the visibility of the scene auxiliary information comprises:
restoring visibility of the auxiliary information of the non-prompt type without restoring visibility of the auxiliary information of the prompt type (for example, a message of a player object kill is displayed with an option to open a door).
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Claim 10. PUBG Mobile discloses wherein after the adjusting visibility of the scene auxiliary information, the method further comprises:
displaying a display function option for the scene auxiliary information; and
restoring the visibility of the scene auxiliary information in response to a trigger operation for the display function option (in this instance, after a player character kills another player character, the player touches appropriate buttons/icons to pick up desired game items and modify respective player’s inventory).
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Claim 12. PUBG Mobile discloses wherein the displaying scene auxiliary information of the virtual scene comprises:
controlling the scene auxiliary information of the virtual scene to be in a display state; and
the adjusting visibility of the scene auxiliary information comprises:
controlling the scene auxiliary information of the virtual scene to be adjusted from the display state to a hidden state (some in-game messages, prompts are removed from view according to video game circumstances).
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Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over PUBG mobile video game as evidence provided by YouTube video: Map Control tips for Miramar! PUBG MOBILE - https://www.youtube.com/watch?v=-HAsj9UcsCM&t=3s to PUBG Mobile in view of further PUBG mobile video gameplay as evidence provided by YouTube video: (496) HOW TO SEE DEATH REPLAY IN PUBG MOBILE | BEST PUBG BASIC SETTINGS FEATURES - YouTube - https://www.youtube.com/watch?v=W_6oA7zOLH4 to MuKesh Hrx Gaming (herein referred to as MuKesh).
Claim 8. PUBG Mobile fails to explicitly disclose the limitation of claim 8.
MuKesh teaches wherein the adjusting visibility of the scene auxiliary information comprises:
determining a historical virtual scene for the virtual object that is similar to the virtual scene (at 1:38-2:03 a “Death Replay” video is shown);
determining target auxiliary information from a plurality of pieces of auxiliary information based on interaction data for the scene auxiliary information when adjusting content in the historical virtual scene (the “Death Replay” video is shown with some data from the original gameplay video removed while at the same time displaying new messages/prompts at 1:38-2:03, some of the newly displayed messages directly correspond to the player characters’ actions in the original gameplay video); and
adjusting visibility of the target auxiliary information (during “Death Replay” the new messages and prompts are displayed at 1:38-2:03).
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The gaming system of PUBG Mobile would have motivation to use the teachings of MuKesh in order to provide replays showing specific information that game players would find useful and interesting in doing so would increase the likelihood of game players using a replay feature more often because of the additional entertainment value that is brings to the video game play.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of PUBG Mobile with the teachings of MuKesh in order to provide replays showing specific information that game players would find useful and interesting in doing so would make the gameplay more fun.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMON J PIERCE/Primary Examiner, Art Unit 3715