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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a non-transitory computer readable recording medium storing instructions that cause a computer to execute. The limitation of calculating game currency acquisition numbers that each correspond to an acquisition time and indicate a quantity of game currency acquired by a player, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “computer,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “computer” language, “calculating” in the context of this claim encompasses the user mentally keeping track of currency based on time. Similarly, the limitations of: storing, obtaining, monitoring, and determining are processes that, under their broadest reasonable interpretation, covers performance of the limitation in the mind. The same interpretation is applied to the remaining steps in claim 1. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – computer. The computer is recited at a high-level of generality (i.e., as a generic processor implementing a step) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Similar reasoning is applied to claims 2-12.
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.
Claim(s) 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 10,332,125 B1 to Fan et al. (hereinafter “Fan”).
Concerning claim 1, Fan discloses a non-transitory computer readable recording medium storing instructions (column 15, lines 1-48) that cause a computer to execute:
calculating game currency acquisition numbers that each correspond to an acquisition time and indicate a quantity of game currency acquired by a player (column 11, line 48-column 12, line 36 – quantity of game currency acquired by player is calculated and based on acquisition time);
storing, in a storage, the game currency acquisition numbers; obtaining a total game currency acquisition number by adding up the game currency acquisition numbers in order of the acquisition time starting from a most recent acquisition time (column 11, line 48-column 12, line 36 – currency acquisition is accumulated, tracked and stored);
monitoring whether the total game currency acquisition number has reached a specific number; and upon determining that the total game currency acquisition number has reached the specific number, specifying the acquisition time at which the total game currency acquisition number has reached the specific number, calculating a period of time from the specified acquisition time to a present time, and providing the player with a benefit in a game based on the calculated period of time such that the less the calculated period of time, the greater the benefit (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – when the user has acquired a certain game currency, the acquisition time is determined and the player is provided a benefit including the longer the player plays, the greater the benefit in order to keep the player engaged in the game).
Concerning claims 2, 3, and 10-12, see the rejection of claim 1.
Concerning claim 4, Fan discloses wherein the game currency includes paid currency that can be acquired through a purchase procedure by the player (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – currency may be purchased by the player).
Concerning claim 5, Fan discloses wherein the benefit is to increase a quantity of a reward content in the game, and the less the calculated period of time is, the more the quantity of the reward content is increased (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – the faster the user obtains the reward, the greater the benefit awarded).
Concerning claim 6, Fan discloses wherein the benefit is to improve a quality of a reward content in the game, and the less the calculated period of time is, the more the quality of the reward content is improved (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – the quality of the reward is higher when the calculated period of time is less).
Concerning claim 7, Fan discloses wherein the benefit is to ease a limitation in the game, and the less the calculated period of time is, the more an amount of easing of the limitation is increased (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – benefit includes easing of the limitation).
Concerning claim 8, Fan discloses wherein the benefit is to increase a parameter of a content associated with the player, and the less the calculated period of time is, the more the parameter is increased (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – the parameter is increased based on the less the calculated time).
Concerning claim 9, Fan discloses wherein the less the calculated period of time is, the more a benefit provision period is lengthened (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – benefit provision period may be lengthened).
Concerning claim 13, Fan discloses wherein the instructions cause the computer to further execute: after determining that the game currency acquisition number has reached the specific number, causing a display to display a notification screen indicating a start of a benefit provision period and details of the benefit (column 6, lines 3-13; column 7, line 56-column 8, line 40; column 11, line 48-column 12, line 36 – benefit details are shown to the user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are listed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 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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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715
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