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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6 and 15 each have the limitation of “a third input of determining whether to generate the first auxiliary item”; however, there is no indication of a second input in the claims or the claims from which they depend. It is unclear in regard if a second input is required or a third input is indicative of a different input from the first input.
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
The claim(s) recite(s) “A method, performed by a game-providing device, of providing a game service, the method comprising: obtaining enhancement information indicating information associated with enhancement of an equipment item that is to be enhanced from among items in a game; identifying a first input for enhancing the equipment item; and generating, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 1); “A game-providing device, comprising: a memory storing instructions; and at least one processor functionally connected to the memory and configured to execute the instructions, wherein the at least one processor is configured to execute the instructions to: obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 10); “A server, comprising: a memory storing instructions; and at least one processor functionally connected to the memory and configured to execute the instructions, wherein the at least one processor is configured to execute the instructions to: obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 19); “A user terminal for providing a game service, the user terminal comprising: a user interface configured to receive a user input; a memory storing instructions; and at least one processor functionally connected to the user interface and the memory and configured to execute the instructions, wherein the at least one processor is configured to execute the instructions to: obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 20); and “A non-transitory computer-readable recording medium having recorded thereon a program, which, when executed by a computer, performs a method of providing a game service, the method comprising: obtaining enhancement information indicating information associated with enhancement of an equipment item that is to be enhanced from among items in a game; identifying a first input for enhancing the equipment item; and generating, based on the enhancement information and the first input, a first auxiliary item for definitively enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 21). Each of the above underlined portions are related to an abstract idea of Organizing Human Activity, particularly, managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions for generating, based on enhancement information and inputs, auxiliary items for enhancing the equipment item by reflecting a result of enhancing the equipment item). The interaction 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). In this case, instructions or rules to or for “obtaining enhancement information indicating information associated with enhancement of an equipment item that is to be enhanced from among items in a game; identifying a first input for enhancing the equipment item; and generating, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 1); “obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 10); “obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 19); “obtain enhancement information indicating information associated with enhancement of the equipment item that is to be enhanced from among items in a game; identify a first input for enhancing the equipment item; and generate, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 20); and “obtaining enhancement information indicating information associated with enhancement of an equipment item that is to be enhanced from among items in a game; identifying a first input for enhancing the equipment item; and generating, based on the enhancement information and the first input, a first auxiliary item for definitively enhancing the equipment item by reflecting a result of enhancing the equipment item” (Claim 21) pertain to concepts performed via managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) pertaining to organizing human activity.
This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (particularly the technological environment of a gaming device and/or gaming system) (MPEP 2106.05 (h)). The claimed computer components (“game-providing device”, “memory”, “processor”, “server”, “user terminal”, “non-transitory computer-readable recording medium” and/or “computer”) are recited at a level of generality and are merely invoked as a tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. The recitations of utilization of “game-providing device”, “memory”, “processor”, “server”, “user terminal”, “non-transitory computer-readable recording medium” and/or “computer” are recited at a level of generality and are merely invoked as tool to perform the used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility (the use of a computing device and/or generic components is merely illustrating the environment in which the abstract idea is practiced). These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. Taking the physical elements individually and in combination, the computer-based components perform purely generic computer-based functions that are silent in regards to clearly indicating how a computer aids method, device, server, terminal, and/or medium or to which a computer performs/implements the method, device, server, terminal, and/or medium. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer, ’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
It is settled law that adding physical elements to an abstract idea will not amount to an “inventive concept" if the physical elements are well-known, routine and conventional elements and they perform their well-known, routine and conventional functions. TLI Communications LLC v. AV Automotive, L.L.C. (Fed Cir 2016):
Turning to the second step in our analysis, we find that the claims fail to recite any elements that individually or as an ordered combination transform the abstract idea of classifying and storing digital images in an organized manner into a patent-eligible application of that idea. It is well-settled that mere recitation of concrete, tangible components is insufficient to confer patent eligibility to an otherwise abstract idea. Rather, the components must involve more than performance of “‘well understood, routine, conventional activit[ies]’ previously known to the industry.” Alice, 134 S. Ct. at 2359 (quoting Mayo, 132 S.Ct. at 1294). We agree with the district court that the claims’ recitation of a “telephone unit,” a “server”, an “image analysis unit,” and a “control unit” fail to add an inventive concept sufficient to bring the abstract idea into the realm of patentability. (Emphasis added by Examiner.)
On the question of preemption, the Federal Circuit has stated in Ariosa Diagnostics, Inc., V. Sequenom, Inc., (Fed Cir. June 12, 2015):
The Supreme Court has made clear that the principle of preemption is the basis for the judicial exceptions to patentability. Alice, 134 S. Ct at 2354 (“We have described the concern that drives this exclusionary principal as one of pre-emption”). For this reason, questions on preemption are inherent in and resolved by the § 101 analysis. The concern is that “patent law not inhibit further discovery by improperly tying up the future use of these building blocks of human ingenuity.” Id. (internal quotations omitted). In other words, patent claims should not prevent the use of the basic building blocks of technology—abstract ideas, naturally occurring phenomena, and natural laws. While preemption may signal patent ineligible subject matter, the absence of complete preemption does not demonstrate patent eligibility. In this case, Sequenom’s attempt to limit the breadth of the claims by showing alternative uses of DNA outside of the scope of the claims does not change the conclusion that the claims are directed to patent ineligible subject matter. Where a patent’s claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot. (Emphasis added.)
Nor do the dependent claims 2-9 and 11-18 add “significantly more” since they merely add to the claimed concepts relating to managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) pertaining to organizing human activity. The dependent claims failing to place the claimed invention into a practical applicant or additional generic components of the dependent claims failing to amount to “significantly more” for the same reasons noted above.
Consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claim are not patent-eligible under 35 USC §101.
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.
Claim(s) 1-2 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamada (US 2005/0282634).
Claims 1 and 10: A method, performed by a game-providing device comprising: a memory storing instructions; and at least one processor functionally connected to the memory and configured to execute instructions, wherein the at least one processor (¶ 52-55), of providing a game service, the method (provided via execution of the instructions) comprising: obtaining enhancement information indicating information associated with enhancement of an equipment item (information of the kind or type of the equipment item and what it can be matched with, the equipment item is the item to be enhanced on a remote users game device) that is to be enhanced from among items in a game (¶ 71, 77-79, for example information on items stored in a first user’s device); identifying a first input for enhancing the equipment item (selection of items to be matched, ¶ 109); and generating, based on the enhancement information and the first input, a first auxiliary item (combined item is formed) for enhancing the equipment item by reflecting a result of enhancing the equipment item (¶ 91, 99, 111-113).
Claims 2 and 11: Yamada teaches wherein the generating of the first auxiliary item comprises: in response to the first input being identified from a user (selection of items to be matched, ¶ 109), performing enhancement with respect to the equipment item independently of whether the user possesses the equipment item (¶ 72, 76-77, information of the kind or type of the equipment item and what it can be matched with, the equipment item is the item to be enhanced on a remote users game device e.g. independent of whether the user main gaming device possesses the item (in the this case the main user doesn’t possess the item)); and generating the first auxiliary item based on a successful execution of the enhancement with respect to the equipment item (¶ 91, 111-113).
Claim(s) 1, 3-4, 9-10, 12-13, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MapleStory – Spell Trace and Starforce Guide (2018)( https://www.youtube.com/watch?v=_DyA9vuX8B4 ), herein MapleStory.
Claims 1, 10, and 20: MapleStory describes a game-providing device or user terminal device for comprising: a user interface configured to receive a user input; a memory storing instructions; and at least one processor functionally connected to the user interface and memory and configured to execute instructions, wherein the at least one processor is configured to execute the instructions to (video illustrates video game playable via a user interface configured to receive user input on an electronic device that inherently has a memory and processor to execute the game or perform gaming logic): obtaining enhancement information indicating information associated with enhancement of an equipment item (weapon) that is to be enhanced from among items in a game (time 4:00-7:24, the information being based on selection of a particular scroll); identifying a first input for enhancing the equipment item (time 4:00-7:24, scrolls are used to enhance an item, wherein each scroll is associated with a percentage of success for enhancement and stats of the item that will change due to enhancement, the user picks a scroll and that scroll is used to enhance the weapon, the user enhances the weapon by pressing the enhance banner/button until the weapon is enhanced, the last successful press of the enhance banner/button is representative of “the first input”); and generating, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item (after successful result the weapon is enhanced to an auxiliary item (represented in the star force tap item with “0 star > 1 star”)).
Claims 3 and 12: MapleStory teaches identifying a second input for enhancing the first auxiliary item; and generating, based on the enhancement information (percentages of success and/or stats) and the second input, a second auxiliary item for enhancing the equipment item by reflecting a result of enhancing the first auxiliary item (time 7:08-8:51, the second input being the user clicking on the enhance banner/button, wherein previous stats are changed or improved from the first auxiliary (representative of 0 Star > 1 Star) item changing to the second auxiliary item (representative of 1 Star > 2 Star)).
Claims 4 and 13: MapleStory teaches wherein the first auxiliary item and the second auxiliary item ensure the enhancement of the equipment item, and the second auxiliary item is different from the first auxiliary item (time 7:08-8:51, second auxiliary item at the “1 Star > 2 Star” level and corresponding stats is different in terms of being upgraded from the first auxiliary item at the “0 Star > 1 Star” Star level and corresponding stats).
Claims 9 and 18: MapleStory teaches enhancing the equipment item by applying the first auxiliary item to the equipment item (time 4:00-7:24, Star force (0 Star > 1 Star) item is applied to the equipment item, basically giving the item the ability to be enhanced via star force).
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.
Claim(s) 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over MapleStory – Spell Trace and Starforce Guide (2018)( https://www.youtube.com/watch?v=_DyA9vuX8B4 ), herein MapleStory in view of Yeo (US 2021/0035139).
Claim 19: MapleStory discloses a game-providing device or user terminal device for providing a game service comprising: a user interface configured to receive a user input; a memory storing instructions; and at least one processor functionally connected to the user interface and memory and configured to execute instructions, wherein the at least one processor is configured to execute the instructions to (video illustrates video game playable via a user interface configured to receive user input on an electronic device that inherently has a memory and processor to execute the game or perform gaming logic): obtaining enhancement information indicating information associated with enhancement of an equipment item (weapon) that is to be enhanced from among items in a game (time 4:00-7:24, the information being based on selection of a particular scroll); identifying a first input for enhancing the equipment item (time 4:00-7:24, scrolls are used to enhance an item, wherein each scroll is associated with a percentage of success for enhancement and stats of the item that will change due to enhancement, the user picks a scroll and that scroll is used to enhance the weapon, the user enhances the weapon by pressing the enhance banner/button until the weapon is enhanced, the last successful press of the enhance banner/button is representative of “the first input”); and generating, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item (after successful result the weapon is enhanced to an auxiliary item (represented in the star force tap item with “0 star > 1 star”)).
MapleStory teaches the above, but fails to teach a server, comprising: a memory storing instructions; and at least one processor functionally connected to the memory and configured to execute the instructions, wherein the at least one processor is configured to execute the instructions for the game service as described above. However, an analogous art of Yeo teaches that gaming services and/or processes thereof can be implemented via a server, comprising: a memory storing instructions; and at least one processor functionally connected to the memory and configured to execute the instructions to provide a game service (¶ 50, 182-183, 192-195, 195 – “That is, all of the above-described steps may also be performed by the server 1100, may also be performed by the user terminal 1200, or may also be performed by the server 1100 and the user terminal 1200 separately. In addition, at least one configuration included in the server 1100 may perform the embodiments described with reference to FIGS. 1 to 10.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the game service device of MapleStory such that the game service device is a server as taught by Yeo because such a modification would have yielded predictable results, namely, a means of providing a game service to a user in which at least MapleStory is intended (see above). Such a modification would have been considered mere routine to one of ordinary skill in the art in terms of providing a game service on a server vs an individual gaming device/console. Furthermore, such a modification would provide an improved game item provision system for maintaining the interest of a user and increasing sales and convenience of game service providers (Yeo - ¶ 7).
Claim 21: MapleStory discloses a computer readable recording medium for providing a game service having a program, which, when executed by a computer, performs a method of providing a game service, the method comprising (video illustrates video game (program) executing via a electronic device e.g. the program being stored on a medium that is executed by a computer): obtaining enhancement information indicating information associated with enhancement of an equipment item (weapon) that is to be enhanced from among items in a game (time 4:00-7:24, the information being based on selection of a particular scroll); identifying a first input for enhancing the equipment item (time 4:00-7:24, scrolls are used to enhance an item, wherein each scroll is associated with a percentage of success for enhancement and stats of the item that will change due to enhancement, the user picks a scroll and that scroll is used to enhance the weapon, the user enhances the weapon by pressing the enhance banner/button until the weapon is enhanced, the last successful press of the enhance banner/button is representative of “the first input”); and generating, based on the enhancement information and the first input, a first auxiliary item for enhancing the equipment item by reflecting a result of enhancing the equipment item (after successful result the weapon is enhanced to an auxiliary item (represented in the star force tap item with “0 star > 1 star”)).
MapleStory teaches the above, but fails to the medium being a non-transitory medium. However, an analogous art of Yeo teaches that gaming services and/or processes thereof can be implemented via a non-transitory computer-readable recording medium having recorded thereon a program, which, when executed by a computer, performs a method of providing a game service (¶ 50, 182-183, 192-194). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the medium of MapleStory a non-transitory medium as taught by Yeo because such a modification would have yielded predictable results, namely, a means of providing a game service to a user in which at least MapleStory is intended (see above). Such a modification would have been considered mere routine to one of ordinary skill in the art for purposes of executing a gaming program. Furthermore, such a modification would provide an improved game item provision system for maintaining the interest of a user and increasing sales and convenience of game service providers (Yeo - ¶ 7).
Claim(s) 7-8 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over MapleStory – Spell Trace and Starforce Guide (2018)( https://www.youtube.com/watch?v=_DyA9vuX8B4 ), herein MapleStory in view of Lee (KR 20130064573 A)(please refer to KR20130064573A English translation found at https://translationportal.epo.org/emtp/translate/?ACTION=description-retrieval&COUNTRY=KR&ENGINE=google&FORMAT=docdb&KIND=A&LOCALE=en_EP&NUMBER=20130064573&OPS=ops.epo.org/3.2&SRCLANG=ko&TRGLANG=en and attached as a PDF herein).
Claims 7 and 16: MapleStory teaches the above, but lacks explicitly suggesting further comprising setting, based on a time point when the first auxiliary item is generated, a first validity period indicating a period during which the user is able to possess the first auxiliary item for the first auxiliary item. However, an analogous art of Lee teaches setting, based on a time point when the first auxiliary item is generated, a first validity period indicating a period during which the user is able to possess the first auxiliary item for the first auxiliary item (¶ 7-8, 11-14, 35, 44-45, 47-50, 53, 68-69, 76, 79-83, 87, 99, 124). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to have modified the method and device of MapleStory with the validity period means of Lee because such a modification would have yielded predictable results, namely, a means of a means of allowing the user to possess and/or use the first auxiliary item in which at least MapleStory is intended (MapleStory – time 4:00-9:00). Such a modification allows improves the desire of a user to enhance items they possess (Lee - ¶ 4).
Claims 8 and 17: MapleStory in view of Lee teaches the above, but fails to teach updating, based on a time point when the second auxiliary item is generated, a second validity period indicating a period during which the user is able to possess the second auxiliary item in correspondence with generation of the second auxiliary item through enhancement on the first auxiliary item. MapleStory in view of Lee at least teaches generation of the second auxiliary item through enhancement on the first auxiliary item and setting, based on a time point when the first auxiliary item is generated, a first validity period indicating a period during which the user is able to possess the first auxiliary item for the first auxiliary item (see above). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method and/or device of MapleStory in view of Lee to additionally apply a validity period similar to one the applied to the first auxiliary item to the second auxiliary item since it has been held that mere duplication of the essential working parts/elements of a device only involves routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please see attached PTO-892.
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/TRAMAR HARPER/Primary Examiner, Art Unit 3715
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