DETAILED ACTION
Information Disclosure Statement
Applicant’s submission of an Information Disclosure Statement on 6/24/2024 has been received and considered.
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 abstract idea without significantly more.
2019 PEG Analysis
Step 1: Are the claims directed to a statutory category (e.g., a process, machine, etc.)
Claims 1-18 are directed to a process. Claims 19 and 20 are directed to an apparatus.
Step 2A (Prong 1): Does the claim recite an abstract idea, law of nature or natural phenomenon?
Yes, the claims recite an abstract idea. The following specific limitations in the claims under examination recite an abstract idea:
Causing a virtual vehicle to perform a special effect/drift action (e.g., claims 1, 4-6, 12, 13, 16, 17, and 19)
Increasing an acceleration energy value and adding acceleration prop (e.g., claims 1, 8, 13-15, 17, and 19)
Controlling the virtual vehicle to perform acceleration actions (e.g., claims 1-4, 8-10, and 17-20)
The above listed identified limitations fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG:
Mental Processes: concepts preformed in the human mind (including on observation, evaluation, judgement, opinion).
Certain Methods of Organizing Human Activity: managing personal behavior or relationships or interactions or relationships of interaction between people (including social activities, teaching, and following rules or instructions.
The claims are primarily directed to rules for playing a game, wherein the game rules align with a method of organizing human activity.
Step 2A (Prong 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
Overall, the following additional claim limitations appear to merely implement the abstract idea, add insignificant extra-solution activity to the judicial exception, or generally link the judicial exception to a particular environment or field of use, as outlined below:
Receiving user game inputs (e.g., see at least claims 1, 5, 6, and 17, insignificant extra-solution activity)
Displaying game information (e.g., see at least claims 6, 7, 11, and 13-15, insignificant extra-solution activity)
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
With regard to claims 1-20 the claims as a whole do not amount to significantly more than the exception itself. The above listed additional claim limitations display and process game data in a well-understood, routine, and conventional way. Further, the computer hardware of claim 1 (e.g., a terminal), claim 17 (non-transitory computer readable media), and claim 19 (processor and memory) are well-understood, routine, and conventional in the art.
In order to satisfy the Berkheimer factual determination of conventional elements in the art, U.S. Patent No. 7,819,742 to Chamberlain is cited for disclosing the conventional features of game machines/terminals including processors (e.g., see at least column 11, lines 14-16) and displays (e.g., see column 7, lines 12-25). Therefore, claims 1-20 are not patent eligible under 101.
Claim Rejections - 35 USC § 103
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 U.S. Patent Application Publication No. 2021/0331079 to Guo in view of the video game Need for Speed Heat that was published by Electronic Arts and released on November 8, 2019 (NFS Heat, evidenced YouTube video Need for SpeedTM Heat | Review, by HokiHoshi and published on November 8, 2019, available online: https://www.youtube.com/watch?v=lu2HrBl2lMo).
With regard to claim 1, Guo discloses method comprising: receiving first input originating from a terminal (e.g., see at least paragraph 35 for discussion a user performing human-computer interaction with the user equipment/terminal 104), said first input causing a virtual vehicle to perform a special effect action within an interactive virtual environment (e.g., see at least paragraph 54, “the first virtual racing car may be controlled to normally perform a drift operation”, wherein a drift operation is a special effect action); responsive to the special effect action, increasing an acceleration energy value (e.g., see at least paragraph 54, “accumulate nitrous oxide”, wherein nitrous oxide is a substance in the real-world racing that is used to boost vehicle acceleration); adding one acceleration prop when the acceleration energy satisfies a prop addition condition (e.g., see at least paragraph 54, “use a prop”, wherein a prop can only be used if it is added); receiving first trigger operation input originating from the terminal to consume (e.g., see at least paragraph 54, “use a prop”, wherein a prop can only be used if it is added);
[claim 2] wherein the controlling the virtual vehicle to perform the first acceleration action comprises: controlling, based on a first acceleration associated with the acceleration prop, the virtual vehicle to perform the first acceleration action (e.g., see at least paragraph 54 that discusses using nitrous oxide, which will create an acceleration action), wherein in a process of performing the first acceleration action, a traveling speed of the virtual vehicle does not exceed a first speed threshold (e.g., see at least Fig. 10, speed 1002 is an upper limit; see Fig. 11 for a higher speed 1102 that requires an additional ability), the first speed threshold is determined according to a limiting speed of the virtual vehicle and a first speed increment, and the first speed increment is an acceleration by which a single one of the acceleration props is capable of increasing (e.g., see at least paragraph 57 for discussion of speed thresholds and additional abilities);
[claim 3] wherein the controlling, based on the first acceleration associated with the acceleration prop, the virtual vehicle to perform the first acceleration action comprises: controlling, when a difference between a traveling speed of the virtual vehicle and the first speed threshold is greater than a first speed difference, the virtual vehicle to perform a uniform acceleration action at the first acceleration (e.g., see at least paragraph 54, wherein nitrous oxide use will provide an acceleration); and controlling, when a difference between a traveling speed of the virtual vehicle and the first speed threshold is less than or equal to the first speed difference, the virtual vehicle to perform a non-uniform acceleration action at a first variable acceleration obtained based on attenuation of the first acceleration (e.g., if the max speed threshold is met, then the acceleration will have to be less than standard nitrous acceleration);
[claim 4] wherein the first variable acceleration is obtained by linearly attenuating the first acceleration as an initial acceleration according to non-uniform acceleration duration of the virtual vehicle; and when a traveling speed of the virtual vehicle reaches the first speed threshold, the first variable acceleration is attenuated to 0 (e.g., if a speed threshold is met, then no acceleration is possible, and since Guo discusses a speed threshold in Fig. 10, then absent an special ability additional acceleration cannot be obtained);
[claim 5] wherein the method further comprises: playing a first trigger special effect of the acceleration control in response to the first trigger operation input (e.g., see at least paragraph 54, that discusses that a drift operation to accumulate nitrous oxide), wherein the first trigger special effect is configured for indicating that one of the acceleration props is consumed to accelerate the virtual vehicle (e.g., see at least paragraph 54 that discusses that “use a prop”);
[claim 16] wherein when the special effect action is a drift action (e.g., see at least paragraph 54 that states “the first virtual racing car may be controlled to normally perform a drift operation”), an energy increment of the acceleration energy is in a positive correlation with drift duration in which the virtual vehicle performs the drift action and a drift deceleration amount (e.g., see at least paragraph 54 that states, “perform a drift operation, accumulate nitrous oxide, use nitrous oxide”).
With regard to claim 1 and 6-15, Guo is silent regarding accumulating multiple acceleration props, including, second and third acceleration props, wherein acceleration increases with successive props and consumption is shown.
In the same field of endeavor, NFS Heat teaches accumulating multiple acceleration props, including, second and third acceleration props, wherein acceleration increases with successive props and consumption is shown. The YouTube video shows various gameplay action with three nitrous tanks (e.g., see screenshot shown below at 3:51 that shows 2 full nitrous tanks under the speedometer and a third tank that is refilling from driving action in a dark blue color) and displays nitrous boost (e.g., see YouTube video at 3:52 that shows nitrous being used/consumed with a blue exhaust on the driver side and the second tank depleting in a light blue color).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Guo with the additional nitrous tanks as taught by NFS Heat in order to use a known technique to improve similar devices (methods, or products) in the same way. That is, additional nitrous tanks provide for additional nitrous duration and additional customization options. NFS Heat offers various nitrous setups including 1 large tank, several small tanks, nitrous power, and nitrous duration.
Claims 17-20 are similar in scope to claims 1-16 and are made obvious by Guo in view of NFS Heat based on the same analysis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2022/0331695 to Rodriguez shows a Nitrous button in the racing GUI (e.g., see Fig. 12)
U.S. Patent Application Publication No. 2021/0283500 to Huang discusses a racing game with an acceleration key in an inactive state 402 and an active state 404 (e.g., see Fig. 4)
U.S. Patent Application Publication No. 2020/0206620 to Hayashi discusses a racing game with three displayed power-ups (e.g., see Fig. 4)
U.S. Patent No. 8,366,526 to Baynes discusses a power play game with mechanics to create advantages/disadvantages for the competitors (e.g., see Fig. 8)
U.S. Patent Application Publication No. 2003/0100375 to Wakae discusses a racing game with a boost max speed and normal operation max speed (e.g., see at least paragraph 72)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S MCCLELLAN whose telephone number is (571)272-7167. The examiner can normally be reached Monday-Friday (8:30AM-5:00PM).
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/James S. McClellan/Primary Examiner, Art Unit 3715