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 1-10 are pending.
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 1-10 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 an abstract idea such as:
Claim 1. A computer-readable recording medium recording a program for causing a computer that is communicable with a terminal apparatus of a player who participates in a venue in which a predetermined musical performance or a predetermined performance is executed to function as:
an execution unit configured to cause a virtual performer character corresponding to a performer who performs the predetermined musical performance or the predetermined performance to execute an action according to a motion or voice of the performer, cause a first virtual character corresponding to the player to execute an action according to an operation on the player's terminal apparatus, and cause a second virtual character who is different from the first virtual character to execute an action under automatic control by the computer; -certain method of organizing human activity; and
a change unit configured to change the action of the second virtual character according to the action of the virtual performer character or the action of the first virtual character. – certain method of organizing human activity.
The limitations, as indicated above, are found to recite a certain method of organizing human activity because they recite a series of steps for managing a game which include instructions for causing action and movement of a virtual performer character and second virtual character in the game under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “A computer-readable recording medium recording a program for causing a computer that is communicable with a terminal apparatus of” “is executed to function as: an execution unit configured to” “according to an operation on the player's terminal apparatus,” “under automatic control by the computer;” and “a change unit configured to” are not found to integrate the claim into a practical application because they do no more than provide mere instructions to apply the exception (e.g., a commonplace business method being applied on a general purpose computer), amount to insignificant extra solution activity of the abstract idea, and/or merely tie the abstract idea to a technological environment to perform the abstract idea (see MPEP 2106.05(f)-(h)). For at least these reasons, the claims, as exemplified by independent Claim 1, are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims, as exemplified by independent Claim 1, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as: “ a computer” and “a terminal apparatus” when viewed individually and/or as a collection of elements do not amount to significantly more than the abstract idea. For instance, a review of the Specification indicates that “a computer” is disclosed as a “general-purpose server computer” and the terminal apparatus is disclosed as commercially available devices such as “video game console, a smartphone, a tablet, or a computer (see Specification, 0023, 0029). It follows that the additional elements are similar to the case in Alice v. CLS in which the additional elements amount to mere instructions to 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. For at least these reasons, the claims, as exemplified by independent Claim 1, do not amount to significantly more than the abstract idea under Step 2B.
Regarding independent Claim 10, the claim recites substantially the same subject matter as recited by independent Claim 1 above. The analysis above is incorporated herein. For at least the same reasons, independent Claim 10 is found to recite a grouping of abstract ideas without significantly more.
Regarding dependent Claims 2-9, each of the dependent claim limitations have been reviewed and/or analyzed and were found to recite at least one of: a further limitation of a grouping of abstract ideas (see MPEP 2106.04(a)), invoke a computer as a tool to implement the abstract idea (see MPEP 2106.05(f)); insignificantly 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, claims 1-10 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 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McHale et al. (US 2005/0255914 A1)
Regarding Claim 1, a computer-readable recording medium recording a program for causing a computer that is communicable with a terminal apparatus of a player who participates in a venue in which a predetermined musical performance or a predetermined performance is executed to function as (see McHale, Fig. 11, 0101-0113):
an execution unit configured to cause a virtual performer character corresponding to a performer who performs the predetermined musical performance or the predetermined performance to execute an action according to a motion or voice of the performer (see McHale, Fig. 4, 0051-0056, wherein the action includes matching target ranges for a pitch or rhythm of the predetermined musical performance), cause a first virtual character corresponding to the player to execute an action according to an operation on the player's terminal apparatus (see McHale, Fig. 4, 0051-0056, 0059-0060, wherein the executed action is a ‘bad’ animation of the game state that is reflected based on the amount of time the player is associated with a particular performance rating (e.g., Lousy, Bad, Fair, Good, Great, etc) such as a stumbling or slumped over action), and
cause a second virtual character who is different from the first virtual character to execute an action under automatic control by the computer (see McHale, 0059-0066, wherein the second virtual characters (e.g., Stage Characters and Non-playable Characters) whose actions are controlled by the computer corresponding to the game state); and
a change unit configured to change the action of the second virtual character according to the action of the virtual performer character or the action of the first virtual character (see McHale, 0059-0066).
Regarding Claim 9, the recording medium according to claim 1, wherein when the action of the virtual performer character or the action of the first virtual character changes, the change unit is configured to change the action of the second virtual character according to the changed action (see McHale, 0059-0066, wherein the game is configured to change the action of the second virtual characters according to the changed action (e.g., determined performance rating) of the player character).
Regarding claim 10, McHale discloses an information processing apparatus that is communicable with a terminal apparatus of a player who participates in a venue in which a predetermined musical performance or a predetermined performance is executed, the information processing apparatus comprising (see Fig. 11, 0101-0113):
an execution unit configured to cause a virtual performer character corresponding to a performer who performs the predetermined musical performance or the predetermined performance to execute an action according to a motion or voice of the performer, cause a first virtual character corresponding to the player to execute an action according to an operation on the player's terminal apparatus (see McHale, Fig. 4, 0051-0056), and
cause a second virtual character who is different from the first virtual character to execute an action under automatic control by a computer (see McHale, 0059-0066); and
a change unit configured to change the action of the second virtual character according to the action of the virtual performer character or the action of the first virtual character (see McHale, 0059-0066).
Conclusion
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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/RYAN HSU/EXAMINER, Art Unit 3715
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