DETAILED ACTION
Status of Claims
This communication is the final action on the merits in response to the amendments and arguments filed on April 30, 2026. Claims 1, 9, 11, and 19-20 were amended. Claims 1-20 are currently pending and have been examined.
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
Claims 1-10 are directed to a process. Claims 11-19 are directed to a machine. Claim 20 is directed to an article of manufacture. As such, each claim is directed to a statutory category of invention.
Step 2A Prong 1
The examiner has identified independent Claim 11 as the claim that represents the claimed invention for analysis and is similar to independent Claims 1 and 20.
Independent Claim 11 recites the following abstract ideas: “displaying a message based on a social scene, display a first scene picture corresponding to a scene in a first observation range, the scene comprising a plurality of social objects that correspond to a plurality of social accounts, wherein the plurality of social objects comprise a first social object corresponding to a first social account logged in ; display, based on receiving a first social message transmitted from a second social account, a first message prompt element and a first account identification element corresponding to the second social account, the first message prompt element being configured for triggering display of message content of the first social message; display, based on a second social object corresponding to the second social account being in the scene, a positioning mark element at a determined position corresponding to the first account identification element, wherein the positioning mark element indicates the second social object is in the scene; and switch, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a scene picture corresponding to the scene , the switching from the first observation range to the second observation range includes rotating a viewing angle from a direction to another direction, wherein the scene comprises the second social object in the second observation range.”
The limitations, as drafted, are a process that, under its broadest reasonable interpretation, relates to managing personal behavior or relationships or interactions between people including social activities (i.e., displaying a message based on a social scene, display a first scene picture corresponding to a scene in a first observation range, the scene comprising a plurality of social objects that correspond to a plurality of social accounts, wherein the plurality of social objects comprise a first social object corresponding to a first social account logged in; display, based on receiving a first social message transmitted from a second social account, a first message prompt element and a first account identification element corresponding to the second social account, the first message prompt element being configured for triggering display of message content of the first social message; display, based on a second social object corresponding to the second social account being in the scene, a positioning mark element at a determined position corresponding to the first account identification element, wherein the positioning mark element indicates the second social object is in the scene; and switch, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a scene picture corresponding to the scene, the switching from the first observation range to the second observation range includes rotating a viewing angle from a direction to another direction, wherein the scene comprises the second social object in the second observation range), but for the recitation of generic computer components (i.e., An apparatus comprising: at least one memory configured to store computer program code; and at least one processor configured to read the program code and operate as instructed by the program code, the program code comprising various types of code; a virtual scene, virtual objects, a terminal device, and a triggering operation performed on an element). If a claim limitation, under its broadest reasonable interpretation, relates to managing personal behavior or relationships or interactions between people including social activities, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
Accordingly, the claim recites an abstract idea.
Step 2A Prong 2
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (MPEP 2106.05(f)), (2) Adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05(g)), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05(h)). In particular, the claim recites the additional elements of an apparatus comprising: at least one memory configured to store computer program code; and at least one processor configured to read the program code and operate as instructed by the program code, the program code comprising various types of code; a virtual scene, virtual objects, a terminal device, and a triggering operation performed on an element (in addition to the non-transitory CRM of Claim 20). The computer hardware is recited at a high level of generality (i.e., generic computers executing code to receive, process, and display data, a generic virtual environment, and generic interface element for switching from one interface view to another) such that it amounts to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application, since they do not involve improvements to the functioning of a computer or to any other technology or technical field (MPEP 2106.05(a)), they do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), they do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and they do not apply or use the abstract idea in some other meaningful way beyond generally linking its use to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e)). Therefore, the claim is directed to an abstract idea without a practical application.
Step 2B
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. The additional elements of using computer hardware (an apparatus comprising: at least one memory configured to store computer program code; and at least one processor configured to read the program code and operate as instructed by the program code, the program code comprising various types of code; a virtual scene, virtual objects, a terminal device, and a triggering operation performed on an element (in addition to the non-transitory CRM of Claim 20)) amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. Therefore, the claim is not patent-eligible.
Dependent claims 5 and 15 recite “displaying a first message content interface in response to receiving a second triggering operation performed on the first message prompt element.” Dependent claims 6 and 16 recite “displaying the third message content interface in response to receiving a sliding operation performed on the second message content interface.” Dependent claims 9 and 19 recite “displaying, based on receiving a dragging operation performed on the message carrying bar, an extended region…” The additional elements are generic interface elements and triggering operations, and generic interfaces for displaying data, used to implement the abstract idea, and they do not integrate the abstract idea into a practical application, nor are they sufficient to amount to significantly more than the abstract idea when considered both individually and as an ordered combination.
Dependent claims 2-4, 7-8, 10, 12-14, and 17-18 do not include any additional elements beyond those identified above. They further define the abstract idea that is present in their respective independent claims and hence are abstract for at least the reasons presented above. As such, they do not integrate the abstract idea into a practical application, nor are they sufficient to amount to significantly more than the abstract idea when considered both individually and as an ordered combination.
Therefore, dependent claims 2-10 and 12-19 are directed to an abstract idea, and do not include additional elements that integrate the abstract idea into a practical application, or that are sufficient to amount to significantly more than the abstract idea. Thus, the aforementioned claims are not patent-eligible.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101 set forth in this Office action.
The closest prior art, Miller et al. (US-9682315) teaches displaying a first scene picture corresponding to a virtual scene in a first observation range, the virtual scene comprising a plurality of virtual social objects that correspond to a plurality of social accounts, wherein the plurality of virtual social objects comprise a first social object corresponding to a first social account logged in with the terminal device; displaying, based on receiving a first social message transmitted from a second social account, a first message prompt element and a first account identification element corresponding to the second social account, the first message prompt element being configured for triggering display of message content of the first social message. However, the prior art does not teach displaying, based on a second social object corresponding to the second social account being in the virtual scene, a positioning mark element at a determined position corresponding to the first account identification element, wherein the positioning mark element indicates the second social object is in the virtual scene; and switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the virtual scene, based on a first triggering operation performed on the first account identification element, the switching from the first observation range to the second observation range includes rotating a viewing angle from a direction to another direction, wherein the virtual scene comprises the second social object in the second observation range.
The closest NPL, “Survey on Virtual Reality in Social Network,” teaches virtual reality social network sites where users can communicate in a virtual environment using avatar models. However, it does not teach a message prompt element for triggering display of message content, or a positioning mark element indicating a virtual social object is in the virtual environment/scene, or switching from a first observation range to a second observation range based on a positioning mark element and based on a triggering operation performed on an account identification element.
Response to Arguments
Applicant’s Argument Regarding 35 USC 101 Rejection of Claims 1-20:
Step 2A Prong 1:
The MPEP notes examples of managing personal behavior as:
filtering content. BASCOM Global Internet v. AT&T Mobility, LLC, 827 F.3d 1341, 1345-46, 119 USPQ2d 1236, 1239 (Fed. Cir. 2016).
considering historical usage information while inputting data. BSG Tech. LLC v. Buyseasons, Inc., 899 F.3d 1281, 1286, 127 USPQ2d 1688, 1691 (Fed. Cir. 2018).
a process that a neurologist should follow when testing a patient for nervous system malfunctions. In re Meyer, 688 F.2d 789, 791-93, 215 USPQ 193, 194-96 (CCPA 1982).
MPEP § 2106.04(a)(2). Without conceding to the appropriateness of the rejection, claim 1 is amended to recite "switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the virtual scene, based on a first triggering operation being performed on the first account identification element, wherein the switching from the first observation range to the second observation range includes rotating a viewing angle from one direction to another direction." Applicant respectfully submits that displaying a scene switching animation and rotating a viewing angle from one direction to another direction is different from the examples as noted by the MPEP.
Regarding whether the claims are directed to the interactions between people, the MPEP provides examples such as:
voting, verifying the vote, and submitting the vote for tabulation. Voter Verified, Inc. v. Election Systems & Software, LLC, 887 F.3d 1376, 126 USPQ2d 1498 (Fed. Cir. 2018)
providing someone an additional set of information without disrupting the ongoing provision of an initial set of information. Interval Licensing LLC, v. AOL, Inc., 896 F.3d 1335, 127 USPQ2d 1553 (Fed. Cir. 2018).
MPEP § 2106.04(a)(2). Applicant respectfully submits that at least the amended features of claim 1 (e.g., displaying a scene switching animation presenting the switching from the first observation range to the second observation range, rotating a viewing angle from one direction to another direction) are different from the activities of performing steps for voting or providing someone an additional set of information without disrupting the ongoing provision of an initial set of information. Therefore, Applicant respectfully submits that claim 1 is not directed to methods of organizing human activity.
Instead, the claimed features are analogous to Example 23 of the July 2015 Updated Appendix 1: Examples, Examples: Abstract Ideas, USPTO (July 2015). In Example 23, the Office held that the claims address a problem with overlapping windows within a graphical user interface by dynamically relocating textual information within a window displayed in a graphical user interface based upon a detected overlap condition. July 2015 Update at 9. The Office further held that the claim does not set forth or describe an abstract idea and instead overcomes a problem specifically arising in graphical user interfaces. Id.
Similarly, amended claim 1 recites, in part:
displaying a first scene picture corresponding to a virtual scene in a first observation range
displaying, based on receiving a first social message transmitted from a second social account, a first message prompt element and a first account identification element
displaying, based on a second social object corresponding to the second social account being in the virtual scene, a positioning mark element indicating the second social object is in the virtual scene; and
switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the virtual scene, based on a first triggering operation being performed on the first account identification element, the switching from the first observation range to the second observation range includes rotating a viewing angle from a direction to another direction.
As further described below, claim 1 as a whole addresses a problem with a graphical user interface (GUI), which is that the indication efficiency of virtual elements displayed in the GUI is low, which causes increased overheads for computers. Specification at paragraphs [0003]-[0005]. This is specifically achieved by "switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the virtual scene, based on a first triggering operation being performed on the first account identification element, the switching from the first observation range to the second observation range includes rotating a viewing angle from one direction to another direction." Id. at paragraph [0010]. Therefore, Applicant respectfully submits that claim 1 is not directed to an abstract idea.
Step 2A Prong 2:
The claimed invention provides an improvement in the functioning of a computer, or an improvement to other technology or a technical field. For example, the Specification describes a technical problem involving increased computational overhead. When a virtual scene is displayed on a terminal device, prompt information may only notify users that a social message has been transmitted from a social account, resulting in relatively poor efficiency of display elements, including the message content. Specification at paragraphs [0003]-[0005].
Claim 1, as a whole and when read in light of the Specification, solves this technical problem by at least switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the virtual scene, based on a first triggering operation being performed on the first account identification element, the switching from the first observation range to the second observation range includes rotating a viewing angle from one direction to another direction. Id. at paragraph [0010]. As a result, the indication functions of a message may be diversified, thereby improving the message's display efficiency. Id. Additionally, the data overhead of computers is reduced by the automatic switching function that eliminates the need for manual user operations when switching between observation ranges other than the current observation range and the observation range corresponding to the virtual social object. Id.
Therefore, Applicant respectfully submits that claim 1 as a whole is directed to an improvement in the functioning of a computer or an improvement to other technology or a technical field.
Examiner’s Response: Applicant’s arguments have been fully considered but they are not persuasive.
Step 2A Prong 1:
The examples of claims directed to managing personal behavior and interactions between people given in the MPEP are only some examples, and they are not meant to encompass every scenario that is considered to fall under managing personal behavior or interactions between people. The amended claims are still directed to Certain Methods of Organizing Human Activity, and still fall under managing personal behavior or relationships or interactions between people including social activities.
Regarding Claim 1 of Example 23, the claim is not directed to any abstract idea, rather, it is directed to a graphical user interface, and it further addresses a technical problem with the interface. The present claims are not analogous to Example 23. The present claims are directed to an abstract idea, and the interface is used as a generic tool for receiving and displaying information, to implement the abstract idea. The steps of displaying a first scene picture corresponding to a scene in a first observation range, displaying, based on receiving a first social message transmitted from a second social account, a first message prompt element and a first account identification element, displaying, based on a second social object corresponding to the second social account being in the scene, a positioning mark element indicating the second social object is in the scene, and switching, based on the positioning mark element, from the first observation range to a second observation range, to display a scene switching animation presenting the switching from the first observation range to the second observation range and a second scene picture corresponding to the scene, the switching from the first observation range to the second observation range includes rotating a viewing angle from a direction to another direction, are all part of the abstract idea. The scene being virtual is generally linking the use of the abstract idea to a particular technological environment or field of use, and the triggering operation is the generic use of an interface to receive information.
Step 2A Prong 2:
Paragraph [0165] of the specification states that “the automatic switching function avoids a manual operation of the user, reducing data overheads of computers.” The specification sets forth an improvement only in a conclusory manner, without any details of how the claimed invention provides any improvement to the functioning of the computer or any other technology. Further, the reducing of data overheads of computers is not a result of an improvement to the functioning of the computer itself; rather, it’s the result of automating a manual process.
The claimed invention does not pertain to an improvement in the functioning of the computer itself or any other technology or technical field. Thus, the additional elements do not integrate the abstract idea into a practical application.
Conclusion
The prior art made of record and not relied upon, considered pertinent to applicant’s disclosure or directed to the state of art, is listed on the enclosed PTO-892.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARMA EL-CHANTI whose telephone number is (571)272-3404. The examiner can normally be reached T-Sa 10am-6pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Monfeldt can be reached at (571)270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARMA A EL-CHANTI/Examiner, Art Unit 3629 /SARAH M MONFELDT/Supervisory Patent Examiner, Art Unit 3629
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