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 Objections
Claims 8-10 are objected to because of the following informalities.
• Claim 8, line 6, “the private collection control”, should read as “a private collection control”.
• Claim 9, lines 4-5, “the virtual characters” should read as “virtual characters”.
• Claim 10, line 3, “multiple virtual characters” should read as “the multiple virtual characters”.
Appropriate correction is required.
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.
Step 1: Does the claimed invention fall inside one of the four statutory categories (process, machine, manufacture, or composition of matter)? Yes for claims 1-22. Claims 1-22 are drawn to a method for obtaining a clue in a virtual scene performed by a computer device comprising a memory and a processor and a computer program (i.e., a process).
Step 2A - Prong One: Do the claims recite a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon)? Yes, for claims 1-22.
Claim 1 recites:
A method for obtaining a clue in a virtual scene, comprising: displaying a first virtual scene comprising multiple virtual characters and multiple virtual objects, the multiple virtual characters comprising a first virtual character corresponding to a first user and a second virtual character corresponding to a second user;
and controlling the first virtual character to interact with a first virtual object in response to a control instruction from the first user for the first virtual character to obtain a first search clue to be added to a clue pool.
These steps amount to a form of mental process and organizing human activity (i.e., an abstract idea) because a human using artificial intelligence tools can analyze virtual scenes and obtain clues by identifying patterns or relevant information within the data. The claimed invention discloses “In puzzle-solving games, users typically investigate virtual objects in virtual scenes and solve puzzles using the clues obtained from the investigations.” [0004].
Dependent claims 2-22 are directed towards mini-tasks (controlling virtual characters, displaying passwords, obtaining and displaying search clues, etc.) for a method that obtains a clue in a virtual scene. Each claim amounts to a form of collecting, generating, and analyzing information, and therefore falls within the scope of a method for organizing human activity, (i.e., an abstract idea). As such, the Examiner concludes that claims 2-22 recite an abstract idea.
Step 2A – Prong Two: Do the claims recite additional elements that integrate the exception into a practical application of the exception? No
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using a computer device comprising memory and a processor and a computer program is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer.
Similarly, the limitations of a computer, a server, memory, and processors (dependent claims 2-22) are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Use of a computer, processor, memory or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015) (See MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serve merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, they serve to limit the application of the abstract idea to a computerized environment (e.g., identifying and displaying, etc.) performed by a computing device, processor, and memory, etc. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-22 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims are further part of the abstract idea as identified by the Examiner for each respective independent claim (i.e., they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Step 2B: Does the claim as a whole amount to significantly more than the judicial exception? i.e., Are there any additional elements (features/limitations/step) recited in the claim beyond the abstract idea? No
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an “inventive concept.” An “inventive concept” is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amount to significantly more than the judicial exception itself. Alice Corp., 573 U.S. at 27-18, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966).
As discussed above in “Step 2A – Prong Two”, the identified additional elements in independent claim 1 and dependent claims 2-22 are equivalent to adding the words “apply it” on a generic computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., mere data gathering, post-solution activity) and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Dependent claims 2-22 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that no additional element, or combination of additional claims elements are sufficient to ensure the claims amount to significantly more than the abstract idea identified above. Therefore, claims 1-22 are not eligible subject matter under 35 USC 101.
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 1-22 are rejected under 35 U.S.C. 102 as being unpatentable under US 20240131431 A1 (“Han”).
In regards to claim 1, Han discloses
A method for obtaining a clue in ([0042], “the … virtual object may obtain the clue information”) a virtual scene, comprising: displaying a first virtual scene comprising ([0016], “Virtual scene is a virtual scene that is displayed”) multiple virtual characters and multiple virtual objects, the multiple virtual characters comprising a first virtual character corresponding to ([0020], “the virtual object is a character”) a first user and a second virtual character corresponding to a second user ([0016], “the virtual scene is a scene of user(s)”);
and controlling the first virtual character to interact with a first virtual object in response to a control ([0016], “the virtual scene is a scene of user(s) controlling virtual object”) instruction from the first user for the first virtual character to obtain a first search clue to be added to ([0030], “the player operates the client to send operation instructions”) a clue pool ([0091], “the … virtual objects … collect the clue information” Examiner notes that a collection of clue information is a clue pool.).
In regards to claim 2, Han discloses
wherein controlling the first virtual character to interact with the first virtual object comprises: controlling the first virtual character to approach a predetermined range around the first virtual object ([0097], “the clue information includes a clue value; and the corresponding display manner of the identifier information is determined according to a threshold range” Examiner notes that a threshold range can be a predetermined range.), and displaying an interaction control when the first virtual character enters the predetermined range around the first virtual object ([0018], “this interface includes a UI interface and a game screen … for player(s) to interact … the UI interface may include a game control … an information display area”);
and controlling, in response to a first trigger instruction from the first user for the interaction control, the first virtual character to interact with the first virtual object in an interaction manner corresponding to the first virtual object ([0074], “the user may perform the above … operation by triggering a … control”).
In regards to claim 3, Han discloses
wherein controlling the first virtual character to interact with the first virtual object to obtain the first search clue to be added to the clue pool comprises: displaying a password input interface during interaction of the first virtual character with the first virtual object, and receiving a password input through the password input interface ([0047], “virtual object may crack … intelligence by inputting … password information”);
and obtaining the first search clue if the password is successfully verified ([0040], “virtual object … searches around in the game scene, and when discovering a target object … may rescue the target object, and acquire the clue information”).
In regards to claim 4, Han discloses
wherein the clue pool comprises a shared clue pool, the method further comprising: adding the first search clue to the shared clue pool in response to ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.) a sharing instruction triggered by the first user ([0074], “user may perform the … operation by triggering a … control”), wherein the shared clue pool also comprises a second search clue obtained through interaction between the second character and a second virtual object ([0016], “virtual scene is a scene of user(s) controlling virtual object(t) to complete game logic”).
In regards to claim 5, Han discloses
wherein adding the first search clue to the shared clue pool in response to the sharing instruction triggered by the first user comprises ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.): displaying a sharing control around the first virtual object ([0016], “Virtual scene is a virtual scene that is displayed”);
and adding the first search clue to the shared clue pool in response to ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.) a second trigger instruction from the first user for the sharing control ([0074], “the user may perform the above … operation by triggering a … control”).
In regards to claim 6, Han discloses
if the shared clue pool lacks a target search clue associated with a target virtual object ([0091], “the … virtual objects … collect the clue information” Examiner notes that a collection of clue information is a clue pool and that clue information can lack search clues.), displaying the target search clue in the shared clue pool ([0016], “Virtual scene is a virtual scene that is displayed”).
In regards to claim 7, Han discloses
wherein the clue pool comprises a private clue pool, the method further comprising ([0026], “each user is corresponding to one virtual object; the plurality of virtual objects may be divided into two groups, one group being first virtual object(s) and the other group being second virtual object(s)” Examiner notes that a group associated with a clue pool can be considered private.): adding the first search clue to the private clue pool in response to a privatization instruction from the first user for the first virtual object ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.).
In regards to claim 8, Han discloses
wherein adding the first search clue to the private clue pool in response to the privatization instruction from the first user for the first virtual object comprises ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.): displaying a privatization control around the first virtual object ([0016], “Virtual scene is a virtual scene that is displayed”);
and adding the first search clue to the private clue pool in response to ([0034], “the present embodiment introduces a clue system ... specific operations of the first virtual object ... may leave clue information, and after discovering the clue information, the second virtual object may ... identify ... the first virtual object using the clue information” Examiner notes that a clue pool comprises clue information.) a third trigger instruction from the first user for the private collection control ([0074], “the user may perform the above … operation by triggering a … control”).
In regards to claim 9, Han discloses
further comprising: displaying a navigation interface for the first virtual scene, the navigation interface comprising ([0042], “the identifier information corresponding to the … virtual object is displayed in the graphical user interface” Examiner notes that a navigation interface can be a type of graphical user interface if it uses visual elements to help users navigate through a system.) location information of a virtual space in the first virtual scene that is accessible to the virtual characters ([0044], “virtual object enters a specific location”).
In regards to claim 10, Han discloses
further comprising: displaying a second virtual scene comprising multiple virtual characters ([0020], “the virtual object is a character”);
and displaying, in the second virtual scene, the search clue obtained from the first virtual scene ([0016], “Virtual scene is a virtual scene that is displayed”).
In regards to claim 11, Han discloses
wherein the second virtual scene comprises a virtual desktop ([0029], “this method may be … executed based on a cloud interaction system, where the cloud interaction system includes the server and a client” Examiner notes that a virtual desktop is a cloud service that allows users to access a desktop environment hosted in the cloud.), the multiple virtual characters being located around the virtual desktop ([0020], “the virtual object is a character”), and a display area for the search clue being located above the virtual desktop ([0016], “Virtual scene is a virtual scene that is displayed”).
In regards to claim 12, Han discloses
wherein displaying the search clue obtained from the first virtual scene comprises: displaying the search clue according to ([0078], “the area where the … virtual object is located, indicated by the clue information, may be displayed in a … display format”) a field of view of the first virtual character ([0067], “connecting line between a virtual camera and the … virtual object in the game scene and a second connecting line between the virtual camera and the … character form an … angle” Examiner notes that a field of view is the angular extent of the observable world.);
or displaying the search clue according to ([0078], “the area where the … virtual object is located, indicated by the clue information, may be displayed in a … display format”) a field of view corresponding to a target location, the target location being located outside of the multiple virtual characters ([0067], “connecting line between a virtual camera and the … virtual object in the game scene and a second connecting line between the virtual camera and the … character form an … angle” Examiner notes that a field of view is the angular extent of the observable world.).
In regards to claim 13, Han discloses
further comprising: in a case of displaying the search clue according to ([0078], “the area where the … virtual object is located, indicated by the clue information, may be displayed in a … display format”) the field of view of the first virtual character, in response to a field of view change ([0067], “connecting line between a virtual camera and the … virtual object in the game scene and a second connecting line between the virtual camera and the … character form an … angle” Examiner notes that a field of view is the angular extent of the observable world.) instruction from the first user for the first virtual character, displaying the search clue according to a changed field of view ([0030], “the player operates the client to send operation instructions”).
In regards to claim 14, Han discloses
wherein displaying the search clue obtained from the first virtual scene comprises ([0078], “the area where the … virtual object is located, indicated by the clue information, may be displayed in a … display format”): displaying the clue pool on a current interface in response to ([0078], “the area where the … virtual object is located, indicated by the clue information, may be displayed in a … display format”) a clue pool invocation operation by the first user ([0074], “the user may perform the above … operation by triggering a … control”);
and displaying, in response to a triggered instruction of the first user for the search clue in the clue pool, a triggered search clue ([0074], “the user may perform the above … operation by triggering a … control”).
In regards to claim 15, Han discloses
further comprising: displaying ([0016], “Virtual scene is a virtual scene that is displayed”) the virtual object associated with the search clue in the second virtual scene ([0016], “the virtual scene is a scene of user(s) controlling virtual object”).
In regards to claim 16, Han discloses
wherein displaying the search clue obtained from the first virtual scene comprises: displaying a content play control in the second virtual scene if the search clue is of a multimedia type ([0067], “the player may trigger an attack control displayed on the graphical user interface”);
and playing the search clue in response to a fourth trigger instruction from the first user for the content play control ([0030], “the player operates the client to send operation instructions”).
In regards to claim 17, Han discloses
further comprising: collecting a first voice signal from the first user and sending speech information to ([0016], “the virtual scene is a simulation environment of real world, or a semi-simulated semi-fictional virtual environment, or a purely fictional virtual environment” Examiner notes that a virtual scene can include voice signals and speech information.) a server, the speech information carrying the first voice signal and instructing the server to send the first voice signal to terminals corresponding to the virtual characters for play ([0030], “the terminal that performs information processing is the cloud game server”).
In regards to claim 18, Han discloses
wherein collecting the first voice signal from the first user comprises: when a current moment is determined to be a speaking moment of the first virtual character according to a predetermined speaking order, displaying ([0016], “the virtual scene is a simulation environment of real world, or a semi-simulated semi-fictional virtual environment, or a purely fictional virtual environment” Examiner notes that a virtual scene can include voice signals and speech information.) a speaking prompt for the first virtual character in the second virtual scene and collecting the first voice signal, wherein the speaking prompt is used to prompt the first user to speak ([0095], “related identifier may be displayed on a path that the first virtual object passes by, to prompt the second virtual object that the first virtual object has passed by the position where the identifier is located”).
In regards to claim 19, Han discloses
wherein collecting the first voice signal from the first user comprises ([0016], “the virtual scene is a simulation environment of real world, or a semi-simulated semi-fictional virtual environment, or a purely fictional virtual environment” Examiner notes that a virtual scene can include voice signals and speech information.): displaying a speaking control in the second virtual scene ([0016], “Virtual scene is a virtual scene that is displayed”);
and collecting the first voice signal in response to a fifth trigger instruction from the first user for the speaking control ([0074], “the user may perform the above … operation by triggering a … control”).
In regards to claim 20, Han discloses
a computer device comprising a memory and a processor, the memory storing a computer program, wherein the processor, when executing the computer program, performs steps of the method according to claim 1 ([0030], “the client may be … a computer” Examiner notes that a computer inherently includes a processor and memory.).
In regards to claim 21, Han discloses
a non-transitory computer-readable storage medium storing a computer program, wherein the computer program, when executed by a processor, implements steps of the method according to claim 1 ([0162], “A computer program product of the method … includes a computer-readable storage medium storing … instructions”).
In regards to claim 22, Han discloses
a computer program product comprising a computer program, wherein the computer program, when executed by a processor, implements steps of the method according to claim 1 ([0162], “A computer program product of the method … includes a computer-readable storage medium storing … instructions”).
Contact Information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Lisa Antoine whose telephone number is
(571) 272-4252 and whose email address is lantoine@uspto.gov. The examiner can be reached Monday-Thursday, 7:30 am – 5:30 pm CT. 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, Xuan Thai, can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715