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 .
Response to Amendment
This is in response to the amendments filed on 5/26/26. Claims 1 – 4, 7, 9 – 15, and 17 – 20 have been amended. Claims 1 – 20 are pending in the current application.
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 non-statutory subject matter.
Step 1: It must be determined whether the invention falls into one of the four statutory categories of invention. Claims 1 - 17 are directed towards a method, (process), and claims 18 - 20 are directed towards a computer readable media, (machine), which are statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
A virtual scene synchronization method, the method comprising: receiving, by a server, a midway joining request for a virtual scene and transmitted by a first terminal, the midway joining request carrying an object identifier of a target virtual object, the target virtual object being a virtual object controlled by the first terminal, and the virtual scene comprising a virtual object controlled by at least one second terminal; selecting, by the server from a plurality of scene image frames of the virtual scene, a subset of scene image frames; transmitting, by the server, data of the subset of scene image frames of the virtual scene to the first terminal, wherein the data of the subset of scene image frames is configured to cause the first terminal to run scene progress of the virtual scene from an initial progress state to a target progress state at which the virtual scene is currently located; and in response to the first terminal running the scene progress of the virtual scene to the target progress state, causing, by the server and on graphical user interfaces (GUIs) of the first terminal and the at least one second terminal, display of the target virtual object in the virtual scene by transmitting an object loading instruction carrying the object identifier to the first terminal and the at least one second terminal.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claims 10, 18, and 20 Dependent claims 2 – 12 and 14 - 19 further define the abstract idea or relate to the implementation of the abstract idea. The abstract idea is defined in at least the following grouping below:
Mental processes (observation, evaluation, judgment)
The claims are directed towards an abstract idea of rules for conducting a game which falls into the category of mental processes, (See MPEP 2106/04(a)(2)(II)(C)). More specifically, the claimed invention recites a gaming system that synchronizes a virtual scene, wherein the gaming system further discloses receiving a request to join a virtual scene from a first terminal, transmitting a subset of scene image frames of the virtual scene to the first terminal, wherein in response to the first terminal running a scene progress, displaying a virtual object of the first terminal in the virtual scene. The claimed invention can be practically performed as a mental process by a human managing request to join a game. A human receives game invite requests and makes game determinations in their mind, see Voter Verified, Inc. v. Election Systems & Software, LLC, 887 F.3d 1376, 1385, 126 USPQ2d 1498, 1504 (Fed. Cir. 2018).
The claims are also directed towards a series of steps which can practically be performed by one or more humans, which fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention recites receiving a request from a first terminal to join a virtual scene, wherein the request comprises a virtual object that is controlled by a first terminal, wherein in response to the first terminal receiving scene image data, the gaming system displays the virtual object in the virtual scene. The claims recite instructions for controlling a game with these features. Here, a human can observe receiving a request to join a virtual and then determine whether to accept the request. For example, in the event that a player is playing a third person shooter game, (e.g. The Division), a human can observe receiving a request for another player to join the game midway through gameplay, wherein a human can make the determination of whether to accept or deny the request that is favorable to the player.
Prong 2: Does the Claim recite additional elements that integrate the exception into a practical application of the exception?
The claims recite a server and a terminal along with instructions that synchronize virtual game scenes in a virtual game, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not affect transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite a server, a terminal, and a virtual object and identifier that is associated with the terminal, viewed as a whole, these additional elements are indistinguishable from conventional computing elements known in the art, (See Kouperman et al. U.S. 9,445,081 regarding synchronization comprising frames and server components as being known in the art). Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
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.
Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over The Division in view of Gurumurthy et al. (U.S. 2020/0269136).
Regarding claims 1, 10, 18, and 20, The Division, hereinafter Division, discloses a virtual scene synchronization method and computer-readable media, receiving, by a server, (1:42:56 – 1:44:33 of Division and fig. 1, wherein the Examiner the playing request to join gaming mission through a matchmaking process is viewed by the Examiner as an online video obvious being played on a gaming console or a personal computer, which is viewed by the Examiner as virtual scene synchronization comprising a server), a midway joining request that is for a virtual scene and that is transmitted by a first terminal, (1:42:56 – 1:44:33 of Division and fig. 1, wherein fig. 1, shown below, displays requesting to join a mission with matchmaking in progress, shown in bottom left corner, wherein the Examiner views the matchmaking request to join a mission as being equivalent to a virtual scene synchronization method comprising a midway joining request for a virtual scene transmitted by a first terminal).
Fig. 1
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Division further discloses an object identifier of a target virtual object, (3:01 of Division and fig. 2, wherein the Examiner the user’s name that corresponds to the game character “SquaredSumo705 and the player character shown in fig. 2 as being equivalent to an object identifier, (SquaredSumo705), and a target virtual object, (the player character), wherein as shown in fig. 1 above during the joining mission request, it is obvious that the object identifier is associated with the player character during the request).
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Division further discloses the target virtual object being a virtual object controlled by a the first terminal, and the virtual scene comprising a virtual object controlled by at least one second terminal, (2:06:06 of Division and fig. 3, wherein the Examiner the two player characters shown in fig. 3 below as being equivalent to first and second virtual objects being controlled by first and second terminals).
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Division further discloses causing the first terminal to run scene progress of the virtual scene from an initial progress to a target progress state at which the virtual scene is currently located, (1:42:56 – 1:44:33 of Division and fig. 1, wherein the Examiner views the matchmaking progress and eventual synchronization as being equivalent to a run scene progress from an initial progress to a target progress state at which the virtual scene is currently located), and in response to the first terminal running the scene progress of the virtual scene to the target progress state, causing, by the server and on the graphical user interfaces of the first and second terminal, (2:06:06 of Division and fig. 3), an object loading instruction carrying the object identifier to the first and second terminal, (3:01 of Division and fig. 2, wherein the Examiner the user’s name that corresponds to the game character “SquaredSumo705 and the player character shown in fig. 2 as being equivalent to an object identifier, (SquaredSumo705), and a target virtual object, (the player character), wherein as shown in fig. 1 above during the joining mission request, wherein it is obvious that the object identifier is associated with the player character during the request).
Division, however, is silent on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses a gaming method comprising a server, (“Gameplay data for that player can be obtained, either directly from the game or game server, or by analyzing game-related information such as displayed content and user input data”, par. 0012), a virtual scene synchronization method, (“the data collected and analyzed for the players can be used for matchmaking”, par. 0042, wherein the Examiner views matchmaking as being equivalent to a synchronization method), wherein Gurumurthy further discloses selecting, by the server from a plurality of scene image frames of the virtual scene, a subset of image frames and then transmitting data of the subset of scene image frames to the first terminal, (“determining player inputs at specific states of gameplay, or points in a gameplay session, which can be determined by analyzing the image or video data in at least some embodiments. For example, image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions”, par. 0038, wherein the Examiner views the frame-by-frame analysis of image data for a specific player session as being equivalent to selecting and transmitting a subset of scene image frames), which is viewed in combination with Division as meeting the claim limitation of selecting, by the server from of scene image frames of the virtual scene, a subset of scene image frames; transmitting, by the server, data of the subset of scene image frames of the virtual scene to the first terminal, wherein the data of the plurality subset of scene image frames is configured to cause the first terminal to run scene progress of the virtual scene from an initial progress state to a target progress state at which the virtual scene is currently located.
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claims 2, 11, and 19, Division, as stated above, discloses a virtual scene synchronization method, receiving, by a server, (1:42:56 – 1:44:33 of Division and fig. 1, wherein the Examiner the playing request to join gaming mission through a matchmaking process is viewed by the Examiner as an online video obvious being played on a gaming console or a personal computer, which is viewed by the Examiner as virtual scene synchronization comprising a server), but is silent on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses obtaining, by the server, the data of the plurality subset of scene image frames, wherein the data of the scene image frames comprises a first type of data usable by first terminal to perform operation logic; and transmitting, by the server, the first type of data of the plurality subset of scene image frames to the first terminal, (“image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions”, par. 0038, wherein the Examiner views capturing image data for frame-by-frame analysis for a specific player session as being equivalent to obtaining and transmitting a subset of scene image frames comprising a first type of data usable by a first terminal to perform operation logic).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claims 3 and 12, Division, as stated above, discloses a virtual scene synchronization method, receiving, by a server, but is silent on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses the data of the scene image frames further comprises a second type of data usable to perform rendering logic; and the transmitting, by the server, data of a plurality the subset of scene image frames of the virtual scene to the first terminal comprises: obtaining, by the server, a plurality of target scene image frames in a target frame quantity range from the plurality of scene image frames; and transmitting, by the server, the second type of data of the plurality of target scene image frames to the first terminal, (“image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions. This data can then be used as training data when obtained for the highly-skilled player, and used to determine coaching advice when determined for lesser-skilled players or players otherwise taking advantage of a virtual coach”, par. 0038, wherein the Examiner views the captured image data also be used as training data as being equivalent to a second type of data usable to perform rendering logic).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claims 4 and 13, Division, as stated above, discloses a virtual scene synchronization method, receiving, by a server, but is silent on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses determining, by the server, a plurality of pieces of rendering content based on the data of the plurality subset of scene image frames; obtaining, by the server, from the data of the plurality subset of scene image frames, data of target rendering content, wherein a rendering priority of the target rendering content is higher than a target priority, and the data of the target rendering content is partial data of a second type of data of a scene image frame in which the target rendering content is located; (“FIG. 1 illustrates an example image 100 that may be rendered for display during a gameplay session for a particular player”, par. 0018), and transmitting, by the server, the data of the target rendering content to the first terminal, (“image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions. This data can then be used as training data when obtained for the highly-skilled player, and used to determine coaching advice when determined for lesser-skilled players or players otherwise taking advantage of a virtual coach”, par. 0038, wherein the Examiner views the captured image being used as training data as being equivalent to a plurality of pieces of rendering content based on the data of the plurality subset of scene image frames).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claims 5 and 16, Division discloses receiving, by the server and from the first terminal, a scene exit request that is for the virtual scene, wherein the scene exit request carries the object identifier of the target virtual object; transmitting, by the server to the first terminal, an exit verification instruction, wherein the exit verification instruction indicates to determine whether a state of the target virtual object is an exitable state; and in response to receiving an object settlement request originating from the first terminal, transmitting, by the server, an object settlement instruction to the first terminal and the at least one second terminal, wherein the object settlement instruction indicates the first terminal to report current attribute information of the target virtual object, and indicates the at least one second terminal to remove the target virtual object from the virtual scene, (2:06:00 – 2:07:00 of division and fig. 4, wherein the Examiner views the player character leaving after completing the mission and receiving rewards, (tech wing supplies and credits), as being equivalent to an scene exit request carrying the object identifier of the target virtual object and receiving an exit verification instruction indicating that state of the target virtual object in an exitable state and receiving an object settlement instruction).
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Regarding claim 6, Division discloses marking, by the server, any first virtual object in the virtual scene with a first marker, wherein the first virtual object is a virtual object present when the scene progress of the virtual scene is the initial progress state, and the first marker indicates that the first virtual object is always present in the virtual scene, (1:40:09 of Division and fig. 5, wherein the Examiner views the yellow shown in the map in the top right corner as being equivalent to a first marker that indicates that the first virtual object is always present in the virtual scene shown in fig. 5 below).
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Regarding claims 7 and 8, Division, as stated above, discloses a first marker shown in fig. 5 above, but is silent on the issue of disclosing a second and third marker. It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a second and third marker, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (St. Regis Paper Co. v. Bemis Co., 193 USPQ 8).
Regarding claim 9, Division discloses wherein the initial progress state is a state at which the virtual scene was created, (1:42:56 – 1:44:33 of Division and fig. 1, wherein fig. 1, shown above, displays requesting to join a mission with matchmaking in progress, shown in bottom left corner, wherein the Examiner views this as being equivalent to initial progress state at which a virtual scene was created).
Regarding claim 14, as stated above, Division discloses a first marker of at least one virtual object associated with a virtual scene in an initial progress state shown in fig. 5 above, but is silent on disclosing on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses a plurality of scene image frames of the virtual scene, , (“determining player inputs at specific states of gameplay, or points in a gameplay session, which can be determined by analyzing the image or video data in at least some embodiments. For example, image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions”, par. 0038, wherein the Examiner views the frame-by-frame analysis of image data for a specific player session as being equivalent to selecting and transmitting a subset of scene image frames), which is viewed in combination with Division as meeting the claim limitation of the data of the subset of scene image frames, a marker of at least one virtual object associated with the virtual scene; and loading, by the first terminal in the virtual scene of which the scene progress is the initial progress state in a case that a target marker exists, a virtual object having the target marker, wherein the target marker indicates that the virtual object exists when the scene progress of the virtual scene is the initial progress state
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claim 15, Division discloses outputting a virtual scene obtained when the scene progress is the initial progress state, (1:42:56 – 1:44:33 of Division and fig. 1 above), but is silent on disclosing on disclosing a subset of scene image frames. In a related art, Gurumurthy discloses a subset of scene image frames, scene progress of the virtual scene from the initial progress state to the target progress state comprises: dividing, by the first terminal, the data of the subset of scene image frames in time sequence into a first frame data group and a second frame data group; (“determining player inputs at specific states of gameplay, or points in a gameplay session, which can be determined by analyzing the image or video data in at least some embodiments. For example, image data can be captured for frame-by-frame analysis of a gameplay session for a specific player session, and player input can be determined that can be correlated for each frame, in order to recreate the state of the game and player actions”, par. 0038, wherein the Examiner views the frame-by-frame analysis of image data for a specific player session as being equivalent to selecting and transmitting a subset of scene image frames), rendering, by the first terminal, the virtual scene in a partially rendering manner based on the first frame data group; and rendering, by the first terminal, the virtual scene in a fully rendering manner based on the second frame data group, such that the virtual scene is loaded to the target progress state, (“FIG. 1 illustrates an example image 100 that may be rendered for display during a gameplay session for a particular player”, par. 0018).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the selecting and transmitting of a subset of scene images teachings of Gurumurthy into the art disclosed by Division in order to provide smoother gameplay and to improve system performance and processing efficiency. For example, selecting and transmitting a subset of images drastically reduces the amount of data sent across a network while also filters out extra images early which ensures that the processor only handles frames that contribute to the game state.
Regarding claim 17, Division discloses preloading by the first terminal, the target virtual object in the virtual scene before the scene progress of the virtual scene is loaded to the target progress state, , (1:42:56 – 1:44:33 of Division and fig. 1 shown above).
Response to Arguments
Applicant’s arguments with respect to claims 1 – 20 regarding subset of scene image frames limitation has been considered but are moot based on new grounds of rejection.
Regarding claim 1, Applicant’s argue that “Division fails to disclose "in response to the first terminal running the scene progress of the virtual scene to the target progress state, ... transmitting an object loading instruction carrying the object identifier to the first terminal and the at least one second terminal" as required by claim 1. The Division merely shows that a terminal is able to display a target object operated by another terminal”. The Examiner respectfully disagrees. As stated above, Division discloses, (at 3:01 of Division), a user’s name that corresponds to the game character “SquaredSumo705” and the player character shown in fig. 2, (which is reproduced below), as being equivalent to an object identifier, an object identifier of a target virtual object.
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Wherein Division further discloses wherein as shown in fig. 1 above, a joining mission request, wherein it is obvious that the object identifier is associated with the player character during the request, which is viewed by the Examiner as being equivalent to an object loading instruction carrying the object identifier to the first and second terminal.
With respect to the 101 rejection, Applicant’s argue that the claims do not recite any method of organizing human activities, while the Examiner agrees with this, however, the claims do recite rules for conducting a game and a series of steps which can practically be performed by one or more human, which both fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)), wherein the 101 rejection has been adjusted accordingly, which is disclosed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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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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/E.M.T/ Examiner, Art Unit 3715
/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715
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