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 Objections
Claim 1 is objected to because of the following informalities: On line 26 “is set is set” appears erroneously. Appropriate correction is required.
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 - 6 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 in one of the four statutory categories of invention. Claims 1 – 3, 5, and 6 are directed towards a medium, device, and system, (machine) and claim 4 is directed towards a method and, (process), 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 non-transitory computer readable medium storing a program causing a computer to execute: a process of setting, as a raising subject game medium in a first game, one character selected by a player from among a plurality of characters; a process of enabling the player to select a game medium to be used in raising the raising subject game medium in the first game; a process of setting, as an in-use game medium, the game medium that is selected by the player and that includes a raising-completed game medium having a first parameter linked with the raising subject game medium; a process of executing the first game serving as a process of raising the raising subject game medium, the process including at least a process of updating a specified parameter linked with the raising subject game medium on the basis of the in-use game medium; a process of generating and storing the raising-completed game medium on the basis of completion of the first game; and a process of executing a second game by using the raising-completed game medium selected by the player, wherein the process of executing the first game includes: a process of changing the second parameter linked with the raising subject game medium on the basis of the first parameter when the raising-completed game medium for which the first parameter is set is set as the in-use game medium, and the process of executing the second game includes: a process of setting the first parameter on the basis of the second parameter of the raising-completed game medium.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claims 4 - 6. Dependent claims 2 and 3 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:
Certain methods of organizing human activity (rules for playing a game)
The claims are directed towards an abstract idea of rules for playing a game which fall into the category of organizing human activity, managing personal behavior or relationships between people, (See MPEP 2106.04(a)(2)(II)(C)).
Prong 2: Does the Claim recite additional elements that integrate the exception in to a practical application of the exception?
The claims recite a generic processing device that presents a video game to a user, which is viewed as no more than instructions to implement a judicial exception.
This additional does 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 effect a 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 processing device or medium, however, viewed as a whole, these additional elements are indistinguishable from conventional computing elements 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.
For these reasons, it appears that the claims are not patent-eligible under 35 USC §101 as the claims do not integrate the exceptions into a practical application or add an “inventive concept” beyond well-understood, routine, and conventional computer components and functions.
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.
Claims 1 – 6 are rejected under 35 U.S.C. 102(a) as being anticipated by Karashima (U.S. 2018/0214775).
Regarding claims 1 and 4 - 6, Karashima discloses a non-transitory computer readable medium, and method storing a program, (“the game system 100 includes the game server 102 and the game terminals 104. The constituent elements of the game terminals 104 and the game server 102 are made up of hardware such as a CPU (central processing unit), a computing device such as various co-processors, a storage device such as a memory or storage” and fig. 2), causing a computer to execute a process of setting, as a raising subject game medium in a first game, (“the player fosters the character”, par. 0039), one character selected by a player from among a plurality of characters, (“In the game, a plurality of characters appear. FIG. 3 shows a graphic of a character 130 (a character owned by the player) and its skills”, par. 0035), a process of enabling the player to select a game medium to be used in raising the raising subject game medium in the first game, (“In evolution, the player fosters the character 130 while increasing the level of the basic skill 132 and at the same time deciding whether to prioritize the unlocking of optional skills 134 or to prioritize increasing the level of the already-unlocked optional skills”, par. 0039), wherein the Examiner views a player fostering the character as being equivalent to raising the raising subject and the player selecting to either unlocking skills or increasing the level of skill as being equivalent a player selecting a game medium to be used in raising the raising subject. Karashima further discloses a process of setting, as an in-use game medium, the game medium that is selected by the player and that includes a raising-completed game medium having a first parameter linked with the raising subject game medium, (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased from 1 to 2. When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038), wherein the Examiner views the basic skill being increased as being equivalent to a selected game medium including a raising completed game medium having a parameter linked to the raising subject game medium. Karashima further discloses a process of executing the first game, (“clearing a game stage”, par. 0040), serving as a process of raising the raising the subject game medium, (“These game contents are awarded according to general game conditions, such as clearing a battle stage”, par. 0025), the process including at least a process of updating a specified parameter linked with the raising subject game medium on the basis of the in-use game medium, (“consumption of game contents owned by the player (game points, game items, characters, etc.). These game contents are awarded according to general game conditions, such as clearing a battle stage”, par. 0025), wherein the Examiner views game contents being awarded for clearing a battle stage as being equivalent to updating a specific parameter linked to the raising subject game medium. Karashima further discloses a process of generating and storing the raising completed game medium on the basis of completion of the first game, (“consumption of game contents owned by the player (game points, game items, characters, etc.). These game contents are awarded according to general game conditions, such as clearing a battle stage”, par. 0025), a process of executing a second game, (“fights against the enemy team”, par. 0041), by using the raising completed game medium selected by the player, (“The game execution component 112 controls the progress of the game. The game execution component 112 makes a win or loss determination when playing against an enemy character according to the attribute value (ability) of the characters owned by the players”, par. 0032), wherein the process of executing the first game includes a process of changing the second parameter linked with the raising subject game medium on the basis of the first parameter when the raising completed game medium for which the first parameter is set as the in-use game medium, , (“When the basic skill 132 of level 1 is designated and the evolution is successful, the level of the basic skill 132 is increased from 1 to 2. When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked”, par. 0038), and the process of executing the second game includes a process of setting the first parameter on the basis of the second parameter of the raising-completed game medium, (“When the level of the basic skill 132 goes from 2 to 3, the tool skill is unlocked. Similarly, when the level of the basic skill 132 reaches 5, the magic skill is unlocked, and when the level of the basic skill 132 reaches 10, the special skill is unlocked” par. 0038).
Regarding claim 2, Karashima discloses wherein, in the process of executing the second game, a reward granted in the second game is increased on the basis of the second parameter of the raising-completed game medium, (“When a certain event condition such as game point consumption or victory in a battle is met, the player is awarded”, par. 0040).
Regarding claim 3, Karashima discloses wherein, the process of enabling the player to select a game medium involves: enabling the player to select the raising-completed game medium raised by another player, and not changing the second parameter on the basis of the first parameter linked with the in-use game medium when the raising-completed game medium raised by the other player is set as the in-use game medium, (“A character may be given as a gift by another player”, par. 0040).
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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/E.M.T/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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