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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A control method for a virtual object, the method comprising:
displaying a target control in a display interface of a first virtual scene, the first virtual scene corresponding to a first perspective of a target virtual object;
displaying an operation prompt based on the first perspective on the target control and a touch operation, the operation prompt being configured to display a casting action range of a target virtual item;
displaying casting preview information of the target virtual item in the first virtual scene when the touch operation stops at a first stop position in the operation prompt; and
adjusting the first virtual scene displayed in the display interface to a second virtual scene corresponding to a second perspective of the target virtual object.
Claim 12 recites:
A control apparatus for a virtual object, comprising:
processing circuitry configured to:
display a target control in a display interface of a first virtual scene, the first virtual scene corresponding to a first perspective of a target virtual object;
display an operation prompt based on the first perspective on the target control and a touch operation, the operation prompt being configured to display a casting action range of a target virtual item;
display casting preview information of the target virtual item in the first virtual scene when the touch operation stops at a first stop position in the operation prompt; and
adjust the first virtual scene displayed in the display interface to a second virtual scene corresponding to a second perspective of the target virtual object.Claim 17 recites:A non-transitory computer-readable storage medium, storing instructions which when executed by a processor cause the processor to perform:
displaying a target control in a display interface of a first virtual scene, the first virtual scene corresponding to a first perspective of a target virtual object;
displaying an operation prompt based on the first perspective on the target control and a touch operation, the operation prompt being configured to display a casting action range of a target virtual item; displaying casting preview information of the target virtual item in the first virtual scene when the touch operation stops at a first stop position in the operation prompt; and
adjusting the first virtual scene displayed in the display interface to a second virtual scene corresponding to a second perspective of the target virtual object.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: displaying casting preview information of a target virtual item in a first virtual scene)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 12, and 17 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: processor.
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
IM et al., US 20210252405, discloses that when it comes to implementing shooting-based gaming, a processor is well-known to one of ordinary skill in the art (paragraph 124).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-11, 13-16, 18-20 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at 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 § 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, 12, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YouTube video of “Wanted: Weapons of Fate Review” (https://www.youtube.com/watch?v=28egC6R3jRI) (Youtube)
Regarding Claim 1. Youtube discloses a control method for a virtual object, the method comprising:
displaying a target control in a display interface of a first virtual scene (0:46-5:11. The video depicts a first virtual scene in the form of an over-the-shoulder camera viewpoint of a player character that can be controlled by the player.), the first virtual scene corresponding to a first perspective of a target virtual object (0:46-5:11. Further explanation down below.);
displaying an operation prompt based on the first perspective on the target control and a touch operation, the operation prompt being configured to display a casting action range of a target virtual item (3:00-5:11. Further explanation down below.);
displaying casting preview information of the target virtual item in the first virtual scene when the touch operation stops at a first stop position in the operation prompt 3:00-5:11. The video depicts how the curvature of the bullet can be manipulated by the player. When the curvature of the bullet is no longer being manipulated so that the player can shoot the bullet and hit his/her intended enemy character, this is interpreted as displaying casting preview information (ie: bullet curve) of the target virtual item (ie: bullet) in the first virtual scene (ie: over-the-shoulder perspective) when the touch operation stops at a first stop position in the operation prompt (ie: the curvature of bullet stopped because the player stopped when the touch operation (ie: input from the player) stops in a first stop position (ie: the position of the input that resulted in the curvature of the bullet being white so that there is no obstacle blocking the bullet’s path.); and
adjusting the first virtual scene displayed in the display interface to a second virtual scene corresponding to a second perspective of the target virtual object (1:48-5:11. Further explanation below.).
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The image above depicts an over-the-shoulder perspective from a player’s point of view as he/she controls a player character. This is interpreted as a first virtual scene that corresponds to a first perspective of a target virtual object (ie: an enemy character.).
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The image depicts a bullet trajectory being curved based on player input. The video also depicts how the player can manipulate the pathway of the bullet such that the bullet can curve in order to hit an enemy character hiding behind a cover. The image depicts and outline of an enemy character hidden from the viewpoint of the player character. The curvature of the bullet to the enemy character is interpreted as casting preview information that is used for displaying a casting action range (ie: the curvature of the bullet pathway alternates between red and white for indicating to the user if the pathway of the bullet is obstructed by an object in its path) of a target virtual item (ie bullet).
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The image above depicts the pathway of a bullet is red, indicating that the bullet pathway is obstructed by an object from hitting its intended target, an enemy character. When this occurs, this means the player would not to make necessary input adjustments in order to “curve the bullet” such that it is not obstructed by an object in order to hit an enemy character.
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The image depicts the point of view for the player being changed from an over-the-shoulder perspective to a kill-shot perspective when the player shoots a bullet along its bullet curvature to its intended target. In other words, when a player is playing, the player is playing the game from a first perspective, an over-the-shoulder perspective, as indicated in the images above. However, when the player “curves a bullet” towards his/her enemy character, the perspective changes. This is interpreted as adjusting the first virtual scene displayed in the display interface (ie: the over-the-shoulder perspective) to a second virtual scene corresponding to a second perspective of the target virtual object (ie: the kill-shot perspective by the enemy character is the enemy character is killed.)
Allowable Subject Matter
Claims 2-11, 13-16, and 18-20 have no prior art rejection but currently stands rejected under USC§ 101. In this case, after a prior art search with no pertinent references being determined, the non-rejected claims were interpreted as overcoming the prior art because the prior art was directed towards game play in which a user a controller that is directed away from the claimed invention in context as disclosed in the applicant’s specification. In other words, the claimed invention is interpreted as teaching away from the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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