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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 7/9/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/17/24 & 9/20/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-21 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.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S.___(2014).
Claims 1-7 are directed to a non-transitory computer-readable storage medium having stored therein instructions to be executed by processor; claims 8-14 are also directed to a game processing system, while claims 15-21 are directed to method of processing the game via processor; However, all the claims recite steps of data visualization and information management. As such, the claims are directed to statutory subject matter under Step 1 of the Alice flowchart and are directed to a judicial exception (i.e. an abstract idea).
Addressing the claims under Step 2A, the claims are held to be directed to concepts similar to those found to be abstract, either as outlined in the 2014 lEG/July 2015 Update to Subject matter eligibility, or, as compared to certain decisions rendered by the courts. The claims describe the steps of data visualization and information management. The addition of the limitations that narrow the idea merely aide in the description of the abstract idea and therefore do not render the claims any less abstract.
The claims at issue are directed to mathematical algorithms (i.e. averaging, aggregating, adjusting, and calculating a value). In particular, the courts have found mathematical algorithms to be abstract ideas (i.e. a mathematical procedure for converting one form of numerical representation to another in Benson, or an algorithm for calculation parameters indication an abnormal condition in Grams). The courts have found that analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category. The current application contain claims that determines visibility of objects based on density of elements/avatars, and thus requires calculations to determine character density (See Electric Power Group, LLC v. Alstom S.A., (Fed. Cir. 2015) citing e.g., TLI Commc'ns, 823 F.3d at 613; Digitech, 758 F.3d at 1351; Bancorp Servs., L.L.C. v.Sun Life Assurance Co. of Canada (U.S.), 687 F.3d 1266, 1278 (Fed. Cir. 2012); CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372 (Fed. Cir. 2011); SiRFTech., Inc. v. Int'ITrade Comm'n, 601 F.3d 1319,1333 (Fed. Cir. 2010); see also Mayo, 132 S. Ct. at 1301; Parker v. Flook, 437 U.S. 584, 589-90 (1978); Gottschalkv. Benson, 409 U.S. 63, 67 (1972)).
Finally, the concept of identifying and adjusting visibility of information further represents ‘an idea itself’ (see July 2015 Update: Section III (C)) inasmuch as it is related to processes of identifying, comparing, processing, and presenting data. Several precedential cases have found concepts relating to processes of identifying, comparing, processing, and presenting data to be mere ideas in themselves. One example includes selecting/identifying displayed data, manipulating the data through encoding and decoding processes, and generating new outputs/displays (Recognicorp, LLC, v. Nintendo Co., Ltd., Nintendo of America, Inc., No. 2:12-cv-01873-RAJ (2017)). The courts have addressed other computerized processes for of identifying, comparing, processing, and presenting data including data collecting and comparing known information (Classen Immunotherapies Inc. v. Biogen IDEC 659 F.3d 1057(Fed. Cir. 2011)), collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group, LLC v. Alstom 830 F.3d 1350, 119 U.S.P.Q.2d 1739 (Fed. Cir. 2016))] extracting, organizing, storing and transmitting data (Content Extraction and Transmission LLC v. Wells Fargo Bank, National Ass'n. 776 F.3d 1343 (Fed. Cir. 2014)) and obtaining and comparing intangible data (Cybersource Corp v. Retail Decisions, Inc. 654 F.3d 1366, 99 U.S.P.Q.2d 1690 (Fed. Cir. 2011)) (see July 2015 Update: Section III (C)).
Therefore, while it is understood that the claims in the current application are not verbatim recitations of the guidelines or case law, the detailed analysis provided above shows how the current claim limitations at issue closely parallel the concepts provided by the guidelines and the precedential case law, and are therefore considered to be directed to an abstract idea (Step 2A: YES).
Step 2A, Prong Two: Claims 1-21 do not contain additional elements that integrate the abstract idea exception into a practical application because the additional elements are mere instructions to apply the abstract idea exception; MPEP § 2106.05(f). (2) generally link the judicial exception to a particular technological environment; MPEP § 2106.05(h); (3) are insignificant extra solution activity; MPEP § 2106.05(g). The additional elements are limited to generic computer components. The additional elements present in the claims are: “processor”, “storage medium” and “game apparatus”. Thus, the claim as a whole, including the additional elements individually and in combination, are no more than mere instructions to apply the exception using generic computer/computer components and is not a practical application. See MPEP §2106.05(f). The additional elements do not integrate the abstract idea exception into a practical application because they do not impose any meaningful limits on the abstract idea exception. Accordingly, Claims 1-21 directed to an abstract idea.
Under Step 2B, the examiner acknowledges the additional limitations (i.e. “processor”, “storage medium” and “game apparatus”). Additionally, Under Step 2B, no element or combination of elements is sufficient to ensure the claim as a whole amounts to significantly more that the abstract idea itself. For example, the computer components generically claimed to enable the management of the game by performing the basic functions of: (i) receiving, processing, and storing data, or (ii) receiving or transmitting data over a network, e.g., using the Internet to gather data. The courts have recognized these functions to be well-understood, routine, and conventional functions when claimed in a merely generic manner. Particularly, In re TLI Communications LLC (Fed Cir, 2016) held that adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible. As such, the recitation of the computer limitations in Claims 1 to 21 amounts to mere instructions to implement the abstract idea of rendering graphics on a computing device.
These limitations however are used for data gathering and presentation and as such merely represents insignificant pre and post solution activity. Even assuming arguendo that the claims are not insignificant pre and post solution activities or mental activities, each of the functions performed by the machinery are well-understood, routine, and conventional (i.e., receiving and processing data, and receiving or transmitting data over a network, e.g., using the Internet to gather data (see July 2015 Update: Section IV)).
Additionally, these limitations are merely generic recitations of computers and networks performing basic functions and the claims amount to nothing more than implementing the abstract idea on a computer. The limitations taken as a whole amount to nothing more than implementing the concept of data visualization and information management with routine, conventional activity specified at a high level of generality in a particular technological environment. When viewed either as individual limitations or as an ordered combination, the claims as a whole do not add significantly more to the abstract idea of object visibility based on density of elements.
Ultimately, the claimed machine/device function solely as an obvious mechanism to achieve the claimed result, failing to impart a meaningful limit on the claim scope [see SiRF Tech., Inc. v. ITC (Fed. Cir. 2010)]. The claims at issue here do not rise to overriding the routine and conventional sequence of events ordinarily performed by the computer, nor do they set forth with any specificity the interactions of the machine itself. Conversely, the claims are only specific in how the computer is used to facilitate the abstract idea itself using routine and conventional operations of the generic machinery, and are silent as to any detail or property that would transform the otherwise generic machinery into a specialized or special purpose machine. Even when considered as an ordered combination, the computer components of applicant's method add nothing that is not already present when they are considered individually. Viewed as a whole, the claims simply convey the idea itself facilitated by generic computing components.
Thus, under Step 2B, the Examiner concludes that there are no meaningful limitations in the claim that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself (Step 2B: NO).
Dependent claims when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are not directed to an abstract idea. The claims provide minimal technical structure or components for further consideration either individually or as ordered combinations with the independent claims. As such, additional recited limitations in the dependent claims only refine the identified abstract idea further. Further refinement of an abstract idea does not convert an abstract idea into something concrete.
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 1-21are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamilton, II et al. (US Patent Pub 20100220097; referred to hereinafter as Hamilton).
Claims 1, 8 & 15: Hamilton disclose a non-transitory computer-readable storage medium having stored therein instructions which are executed by a processor of a game apparatus in which an own player character subjected to movement control on the basis of an operation by a user of the game apparatus (0022, user’s avatar), and other player characters each subjected to movement control on the basis of data acquired from at least one of other game apparatuses connected to the game apparatus via a network, are placed in a game space, and the game space is drawn, the instructions being configured to, when executed by the processor (figure 2), cause the game apparatus to, draw the own player character opaquely (0021-0021 user’s avatar, completely visible) and draw at least one character of the other player characters translucently at a degree of transparency according to a number of the other player characters (0034, adjusting transparency level of each of set of avatars based on number of avatars).
Claims 2, 9 & 16: Hamilton disclose draw the at least one character at the degree of transparency according to the number of the other player characters drawn in the same screen (0033).
Claims 3, 10 & 17: Hamilton disclose wherein the other player characters include a player character operated by a user of the other game apparatus and a replay character subjected to movement control on the basis of a play record of a user of the other game apparatus (0018).
Claims 4, 11 & 18: Hamilton disclose perform movement control for the other player character on the basis of the data from the other game apparatus without causing the other player character to interfere with the own player character and an object placed in the game space (0021-0022).
Claims 5, 12 & 19: Hamilton disclose draw the at least one character opaquely when a predetermined condition is satisfied (0032).
Claims 6, 13 & 20: Hamilton disclose draw the at least one character at the degree of transparency according to a communication condition between the game apparatus and the other game apparatus (0033-0034).
Claims 7, 14 & 21: Hamilton disclose gradually change the degree of transparency of the at least one character when the number of the other player characters changes (0041).
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Morihira (6,361,438) refers to when a player character moves closer to an opponent character, the viewpoint of a hypothetical camera which is capturing the image of the characters also moves closely to the characters, and a distance extractor determines the distance from the viewpoint of the hypothetical camera to an object model as an obstacle behind which one of the characters is concealed. Then, a transparency extractor obtains a transparency level corresponding to the determined distance from a transparency information table. Using the obtained transparency level, an image data processor generates image data of pixels of the object model, and combines the generated image data with image data of pixels of the character.
Mukoyama (6,831,659) refers to an image processing unit is provided that is configured so that it can display one or more objects deployed in virtual space and a character established so that it can move relative to such object or objects. A processing unit is comprised that is configured so that, when a character has met a certain condition (such as entering or leaving a building) relative to an object (the building), of the display elements configuring an object deployed in an area related to the movement of the character, the display density of at least some specific display elements (such as a wall existing in front of the building) can be gradually altered. It is possible, with such processing, to provide roll-playing games that feature a high sense of realism.
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner's rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, "the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed ...." In re Fulton, 391F.3d 1195, 1201,73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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/SUNIT PANDYA/Primary Examiner, Art Unit 3715