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 Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 5-7, 9, 10, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over PUBG Mobile and Knives Out video games as evidence provided in YouTube videos: PUBG Mobile VS Knives Out ! COMPARISON (PlayerUnknown's Battlegrounds VS Knives Out) - https://www.youtube.com/watch?v=F7wcEyQ6Vvk to GamingRfan in view of Rules of Survival video game as evidence provided in YouTube video “ in view of Rules of Survival BEST Tips and Tricks!!” - https://www.youtube.com/watch?v=vHhfND-ZAXo to ExxotikGaming.
Claims 1, 13, and 17. GamingRfan discloses an apparatus for state switching in a virtual scene, comprising:
(as required by claim 13) a memory and (as required by claim 17) non-transitory computer-readable storage medium storing a plurality of instructions; and
(as required by claim 13) a processor configured to execute the plurality of instructions, and upon execution of the plurality of instructions (note, PUBG Mobile and Knives Outs are video games played on computing devices such as smartphones, gaming consoles, computers that require memory, game programs, and a processor in order to present video game play), is configured to:
display, in a screen of a virtual scene via a display, a virtual object equipped with a virtual item and a state switching control for the virtual object (see PUBG Mobile and Knives Outs gameplay at 3:02-3:35 there are user interfaces, e.g., buttons/icons, that a user presses to store, change, or use different equipment), wherein the state switching control comprises a single control configured to simultaneously control both a motion state of the virtual object and an equipment state of the virtual item in response to a first input operation (see PUBG gameplay at 3:12-3:13, see Knives out gameplay at 3:19-3:20, a user taps a weapon icon then the player character’s arm motion to swap weapon, stowing a first rifle then using a second gun, the motion state is related to player character movement, e.g., arm or body movements, and the equipment state is related to stow and holding different items, e.g., weapons, guns, or the like);
receive the first input operation on the state switching control (see PUBG gameplay at 3:12-3:13, see Knives out gameplay at 3:19-3:20); and
in response to receipt of the first input operation on the state switching control, simultaneously change, via the display, a display of the virtual object from being in a first motion state to being in a second motion state and a display of the virtual item from being in a first equipment state to being in a second equipment state (see PUBG gameplay at 3:12-3:13, see Knives out gameplay at 3:19-3:20, a user taps a weapon icon then the player character’s arm motion to swap weapon, stowing a first rifle then using a second gun, the motion state is related to player character movement, e.g., arm or body movements, and the equipment state is related to stow and holding different items, e.g., weapons, guns, or the like).
However, if it is later deemed that Gamingfan does not disclose wherein the state switching control comprises a single control configured to simultaneously control both a motion state of the virtual object and an equipment state of the virtual item in response to a first input operation, see ExxotikGaming (Rules of Survival video gameplay at 7:09-7:11, a user a presses button to move player character in the car and stow current holding weapon, also, at 8:02-8:06 provides a weapon selection list, selection of new weapon causes player character's arm motion to stow first weapon and now hold second weapon). The video games of PUBG Mobile and Knives Out would have motivation to use the teachings of Rules of Survival video game in order to provide additional game changing options for the user to control virtual characters in doing so would make it easier for users to play the video game in doing so would provide a better gaming experience.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the games of PUBG Mobile and Knives Out with the teachings of Rules of Survival video game as alternative ways to control virtual game characters.
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Claims 2 and 14. GamingRfan in view of ExxotikGaming teaches wherein before the displaying the virtual object in the first motion state in the screen of the virtual scene, the method further comprises:
displaying a direction joystick control in the screen of the virtual scene (virtual directional control pad);
obtaining, in response to a drag operation on the direction joystick control, a drag position corresponding to the drag operation (a game player uses finger to touch, hold, and move the virtual directional control pad around); and
controlling, in response to the drag position being located at a target position, the virtual object to be in the first motion state (the virtual directional control pad causes the game character to move around the game world).
Claims 3 and 15. GamingRfan in view of ExxotikGaming teaches wherein the virtual object in the second motion state controls the virtual object in the second equipment state (user interface displaying areas for a game player to interact with different equipment, e.g., stow and switched weapons).
Claim 4. GamingRfan in view of ExxotikGaming teaches wherein the displaying the state switching control for the virtual object comprises:
displaying, in the screen of the virtual scene, a direction joystick control configured to control a motion state of the virtual object and an equipment state of the virtual item; and
displaying, in response to a drag operation on the direction joystick control, the state switching control for the virtual object when a drag distance corresponding to the drag operation reaches a target distance (note, the positioning of the equipment, e.g., stowed/stored away, strapped to player character’s back, occurs during different movement of the player character such as sprint, operate a vehicle as the user touches and moves the virtual directional game pad, e.g., d-pad, to a particular space away from the center).
Claim 5. GamingRfan in view of ExxotikGaming teaches wherein the displaying the state switching control for the virtual object comprises:
displaying an achievement obtained by the virtual object in the virtual scene (display messages, e.g., kills, completions, collected item, status updates); and
displaying the state switching control for the virtual object in response to the achievement reaching an achievement threshold (see ExxotikGaming at 0:41-0:50, 1:08-1:14 e.g., player1 kills player2 then player1 receives access to the items player2 had before being killed by player1).
Claim 6. GamingRfan in view of ExxotikGaming teaches further comprising changing the state switching control from being displayed in a first display style to being displayed in a second display style (an area for switching between weapons is highlighted, inventory menu) in response to the simultaneously changing the display of the virtual object from the first motion state to the second motion state and the display of the virtual item from the first equipment state to the second equipment state (in some cases the option to switch between weapons is turned off or particular equipment options are grayed-out or removed from the display screen, for instance, when a player character is driving a particular vehicle or runs out of ammunition of a particular weapon).
Claim 7. GamingRfan in view of ExxotikGaming teaches wherein the first input operation comprises a press operation, and wherein simultaneously changing the display of the virtual object from being in the first motion state to being in the second motion state and the display of the virtual item from being in the first equipment state to being the second equipment state is further in response to a press parameter of the press operation satisfying a state switching condition (user interface display areas that comprise of icons associated with the video game that are activated by touch by a user, note, touch buttons inherently have touch parameters to recognize when an touchscreen location has been pressed by a user).
Claims 9 and 16. GamingRfan in view of ExxotikGaming teaches further comprising:
determining a scene category of a scene in which the virtual object is located; and
matching the first equipment state of the virtual item with the scene category, and matching the first motion state of the virtual object with the scene category (various motions are used in the different game scenes which correspond to the weapons availability for use, e.g., a player character aims and shoots a gun while on foot, however, the gun is stowed away during driving particular vehicles).
Claims 10 and 18. GamingRfan in view of ExxotikGaming teaches when the virtual object is in the second motion state, displaying a target state icon in a target region in a display region of a direction joystick control to indicate that the virtual object is in the second motion state (for example, vehicle direction icons are displayed during corresponding game scenes).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12097428. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases recite the same key limitations related to single control/input in response to an input operation on a state switching control to change a virtual object (i) from being in a first motion state to being in a second motion state, and (ii) from being in a first equipment state to being in a second equipment state.
Response to Arguments
Applicant's arguments filed 8/7/26 have been fully considered but they are not persuasive.
On pg. 9, the Applicant submits that GamingRfan cited gameplay videos motion state and equipment state are controlled by separate, independent controls. Neither control alone is configured to simultaneously control both states. By contrast, the amended claim 1 provides a single control specifically configured to simultaneously switch both the motion state and the equipment state in response to one input operation. However, the Examiner disagrees as in the GamigRfan reference, at 3:12-3:13, the PUBG gameplay on left side of screen provides an instance with the player character’s arm motion to swap weapons, i.e., stowing a first rifle then holding a second gun, this occurs upon the user tapping a different weapon icon than the weapon currently being held by the player character; the motion state is related to player character movement, e.g., arm or body movements, and the equipment state is related to stow and holding different items, e.g., weapons, guns, or the like. Also, in GamigRfan reference, at 3:19-3:20, Knives out gameplay on the right side of the screen, like instance above, the player character’s arm motion to swap weapons, i.e., stowing a first rifle then using a second gun in response to an icon press by the user. Hence, GamingRfan disclosure (of PUBG Mobile and Knives Out video games) appears to still read on independent claims 1, 13, and 17.
Conclusion
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 DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 8am-5pm.
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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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/DAMON J PIERCE/Primary Examiner, Art Unit 3715
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