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 .
About the Claimed Invention
The Amendment received 12/4/2025 has been entered and carefully considered. Claims 1-2 & 4-21 are presented for examination & pending in the application.
Response to Arguments
Applicant's arguments filed 12/4/2025 have been fully considered but they are not persuasive.
In response to the arguments regarding the official notice teaching reliance of the examiner, the examiner disagrees. As can be seen from the official notice details, the teachings of the prior art that the examiner relied upon are clear, precise, detailed and supported; therefore, the examiner believes that the requirement for the official notice has been met.
As for the rest of the arguments presented on pages 9-12, the examiner addressed the applicant’s arguments in the following modified rejections, based on the Broadest Reasonable Interpretation applied to the claimed invention.
Official Notice
After careful consideration & search of the claimed invention and a plurality of related applications/patents in the same field of the claimed invention (i.e., gaming application with accessory/peripheral input/output devices), the examiner notes that similar or functional equivalent types of data/conditions such as the claimed “status information” & “presentation features” were well-known at the time of the invention; moreover, the examiner further notes that the claimed “status information” & “presentation features” are types of game dependent to the designer (i.e., different types of game will inherently/obviously have different types/subjects of the “status information” & “presentation features”). As can be seen from the teachings of the gaming applications of the Prior art systems (i.e., Wii, PlayStation, Nintendo, Xbox etc.) & many other gaming related art teaches & motivates to display many different conditions, while playing games, that are functionally equivalent to the condition or information related to the status information (e.g., & the presentation features. More specifically, specific types of status information such as the health reading for an avatar associated with a user and presentation features are also well-known and commonly practiced in the art of gaming device. As can be seen from the examiner cited references CARGILL (US 2011/0086712 A1)-paragraph [0013], Backer et al. (US 2008/0318687 A1)-paragraph [0063] & Wyatt (US 2009/0227368 A1)-paragraph [0028].
In addition, Raynal (US 2011/0300944 A1)-paragraph [0055] teaches “enables the player to display information changes during game play based on signals received from the computer manager system 14…such as ammunition count, game objectives status, level of battery life, distance to the transceiver 15”; paragraph 59, “several icons 121, 122, 123, 124, 125, 126 that give information and status information of the current game or activity…121 illuminates each time the player needs to go back…125 illuminates each time the player runs out of ammunition and/or…to indicate how many life points the player has left…122 illuminates…the player’s batter supply…124 illuminates…with 126 indicate how may ammunition…number of bullets…”
Moreover, Bright et. (US 2009/0258700 A1) reference also teaches many of the functionally equivalent claimed recitations as follows:
Claims 1-20
Bright Ref. Teachings
1. A device comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations comprising:
Teachings of figures 1-2 with accompanying description
STATUS INFORMATION
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
PRESENTATION FEATURE
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
identifying a plurality of peripheral devices associated with a computing device;
Teachings of par. 33, “communicate with a variety of video game controller 113…115…117…119…different video game controllers may transmit signals to the video game console”
identifying status information for each peripheral device of the plurality of peripheral devices;
Teachings of par. 34, “the screenshot shows status windows 129 for each connected video game controller, displaying various current settings for each video game controller…variety of icons …133, for performing selected recording and playback functions”
identifying presentation features of each peripheral device of the plurality of peripheral devices, wherein the presentation features are adapted for a presentation that occurs on each peripheral device of the plurality of peripheral devices;
Teachings of par. 42-43; “the screen may represent an instrument configuration and recording feature…different features…number of different features…with first instrument panel 303…second…305…third…307…fourth 309; the examiner notes that many different features (i.e., presentation features) are taught by the panels throughout the reference
associating, in accordance with user input to the processing system,
Teachings of par. 35, “a sequence of inputs from each video game controller…associates with each input in the sequence to assign an audio output for each input, thereby generating an audio feature comprised of a sequence of audio outputs…”
the status information for each peripheral device of the plurality of peripheral devices with a respective selected presentation feature to obtain user-selected associations, each peripheral device of the plurality of peripheral devices thereby configured to provide the status information via the respective selected presentation feature;
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
wherein the user input identifies user- selected associations between the status information and the presentation features;
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
saving information regarding the associating to a user profile;
Teachings of par. 34, “saves each input sequence into memory”, “processes a sequence of inputs from each video game controller”, “processes information associated with each input in the sequence to assign an audio out for each input…”
receiving an update of the status information for a peripheral device of the plurality of peripheral devices, thereby obtaining updated status information; and
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
providing the update to the respective selected presentation feature associated with the status information for the peripheral device of the plurality of peripheral devices.
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
2. The device of claim 1, wherein the status information comprises a status of one peripheral device of the plurality of peripheral devices and wherein the associating comprises associating the status information of the one peripheral device of with an available presentation feature of the one peripheral device.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; par. 51 “audio feature…video feature when the recording function is active…a visual representation of the audio feature…a note track…other symbols corresponding to each of the inputs in a particular input sequence…configuration settings or audio parameters associated with one video game controller may be adjusted while other game controller are being played”; figures 5-12 with accompanying descriptions teachings” and The examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
3. The device of claim 1, further comprising: receiving status information for a peripheral device of the plurality of peripheral devices; determining the respective selected presentation feature of the peripheral device of the plurality of peripheral devices is unavailable; identifying an available presentation feature; and associating the status information with the available presentation feature.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
4. The device of claim 1, wherein the status information is obtained from and comprises a status of each peripheral device of the plurality of peripheral devices, and wherein the respective selected presentation feature comprises a backlighting color, a sound, a vibration, a display presentation, an e-paper presentation, or any combination thereof.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
5. The device of claim 1, wherein at least one peripheral device of the plurality of peripheral devices has a status information indicator for providing information indicative of a condition associated with the at least one peripheral device of the plurality of peripheral devices.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
6. The device of claim 5, wherein the status information indicator includes a battery level indicator, a low-level battery indicator, a connection status indicator, an ink level indication, a paper-jam indication, a vibration indicator, a camera operation indicator, an in- coming message indication, a button press indication, a trigger-pull indication, a voice-command receipt indication, or any combination thereof.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
7. The device of claim 5, wherein the condition is associated with a threshold, and wherein the update of the status information indicates that the threshold has been reached.
Teachings of: figure 7 with accompanying description where the game controllers with sensors are configured/set/modified to have lower & upper limit/threshold or reach the predefined area; see also figure 10 where the limit/thresholds are indicated/set/configured; par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
8. The device of claim 1, wherein the associating comprises associating the status information for a first selected peripheral device of the plurality of peripheral devices with a primary presentation feature of the first selected peripheral device and with an alternate presentation feature of a different second selected peripheral device.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
9. The device of claim 8, wherein the providing the update to the respective selected presentation feature further comprises: determining whether the primary presentation feature is available to present the updated status information; and responsive to the primary presentation feature not being available, providing the update to the alternate presentation feature.
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
10. The device of claim 1, wherein the computing device executes an accessory management software (AMS) application.
Teachings of figure 1 with accompanying description where accessories such as (113-119) are controlled within the game console (101)
11. A method comprising: identifying, by a processing system including a processor, a plurality of peripheral devices associated with a computing device;
Teachings of par. 33, “communicate with a variety of video game controller 113…115…117…119…different video game controllers may transmit signals to the video game console”
identifying, by the processing system, status information for each peripheral device of the plurality of peripheral devices;
Teachings of par. 34, “the screenshot shows status windows 129 for each connected video game controller, displaying various current settings for each video game controller…variety of icons …133, for performing selected recording and playback functions”
identifying, by the processing system, presentation features of each peripheral device of the plurality of peripheral devices, wherein the presentation features are adapted for presentation that occurs on each peripheral device of the plurality of peripheral devices;
Teachings of par. 42-43; “the screen may represent an instrument configuration and recording feature…different features…number of different features…with first instrument panel 303…second…305…third…307…fourth 309; the examiner notes that many different features (i.e., presentation features) are taught by the panels throughout the reference
associating, by the processing system, in accordance with user input to the processing system,
Teachings of par. 35, “a sequence of inputs from each video game controller…associates with each input in the sequence to assign an audio output for each input, thereby generating an audio feature comprised of a sequence of audio outputs…”
the status information for each peripheral device of the plurality of peripheral devices with an available one of the presentation features to obtain associations, each peripheral device of the plurality of peripheral devices thereby configured to provide the status information via the available one of the presentation features according to the associations, wherein the user input identifies user-selected associations between the status information and the presentation feature;
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
receiving, by the processing system, an update of the status information for a peripheral device of the plurality of peripheral devices, thereby obtaining updated status information; and
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
providing, by the processing system, the update to the available one of the presentation feature associated with the status information for the peripheral device of the plurality of peripheral devices.
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
12. The method of claim 11, further comprising saving, by the processing system, information regarding the associating to a user profile.
Teachings of par. 34, “saves each input sequence into memory”, “processes a sequence of inputs from each video game controller”, “processes information associated with each input in the sequence to assign an audio out for each input…”
13. The method of claim 11, wherein the associating comprises associating the status information for each peripheral device of the plurality of peripheral devices with the available presentation feature of a selected different peripheral device of the plurality of peripheral devices.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; par. 51 “audio feature…video feature when the recording function is active…a visual representation of the audio feature…a note track…other symbols corresponding to each of the inputs in a particular input sequence…configuration settings or audio parameters associated with one video game controller may be adjusted while other game controller are being played”; figures 5-12 with accompanying descriptions teachings” and The examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
14. The method of claim 11, wherein the presentation feature comprises a backlighting color, a sound, a vibration, a display presentation, an e-paper presentation, or any combination thereof.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; par. 51 “audio feature…video feature when the recording function is active…a visual representation of the audio feature…a note track…other symbols corresponding to each of the inputs in a particular input sequence…configuration settings or audio parameters associated with one video game controller may be adjusted while other game controller are being played”; figures 5-12 with accompanying descriptions teachings” and The examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
15. The method of claim 11, wherein at least one peripheral device of the plurality of peripheral devices has a status information indicator for providing information indicative of a condition associated with the at least one peripheral device of the plurality of peripheral devices. and wherein the status information indicator includes a battery level indicator, a low-level battery indicator, a connection status indicator, an ink level indication, a paper-jam indication. a vibration indicator, a camera operation indicator, an in-coming message indication, a button press indication, a trigger-pull indication, a voice-command receipt indication, or any combination thereof.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
16. A machine-readable medium comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations comprising:
Teachings of figures 1-2 with accompanying description
identifying a plurality of peripheral devices associated with a computing device,
Teachings of par. 34, “the screenshot shows status windows 129 for each connected video game controller, displaying various current settings for each video game controller…variety of icons …133, for performing selected recording and playback functions”
each of the plurality of peripheral devices having a status information indicator for providing status information indicative of a condition associated with that peripheral device;
Teachings of par. 34, “the screenshot shows status windows 129 for each connected video game controller, displaying various current settings for each video game controller…variety of icons …133, for performing selected recording and playback functions”
identifying presentation features of each device of the plurality of devices, wherein the presentation features are adapted for a presentation that occurs on each peripheral device of the plurality of peripheral devices;
Teachings of par. 42-43; “the screen may represent an instrument configuration and recording feature…different features…number of different features…with first instrument panel 303…second…305…third…307…fourth 309; the examiner notes that many different features (i.e., presentation features) are taught by the panels throughout the reference
associating, in accordance with user input to the processing system,
Teachings of par. 35, “a sequence of inputs from each video game controller…associates with each input in the sequence to assign an audio output for each input, thereby generating an audio feature comprised of a sequence of audio outputs…”
the status information indicator for each peripheral device of the plurality of peripheral devices with an available one of the presentation features to obtain an association, each peripheral device of the plurality of peripheral devices thereby configured to provide the status information for that peripheral device via the available one of the presentation features according to the association;
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
receiving an update of the status information for a device of the plurality of peripheral devices, thereby obtaining updated status information; and
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
providing the update to the available one of the presentation feature associated with the status information for the peripheral device of the plurality of peripheral devices.
Teachings of par. 45 “timeline…to track the progress of recording of a song, and to indicate the instruments being played at particular times in the song…specific information on recorded button depressions and additional time stamps”; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
17. The machine-readable medium of claim 16, wherein the operations further comprise saving information regarding the associating to a user profile.
Teachings of par. 34, “saves each input sequence into memory”, “processes a sequence of inputs from each video game controller”, “processes information associated with each input in the sequence to assign an audio out for each input…”
18. The machine-readable medium of claim 16, wherein the presentation feature comprises a backlighting color, a sound, a vibration, a display presentation, an e-paper presentation, or any combination thereof.
Teachings of: par. 34, “screenshot shows status windows for each connected video game controller, displaying various current settings for each video game controller…a timeline 131 and a variety of icons, …various similar editing…”; par. 35, “sequence of inputs from each video game controller”; par. 42, “instrument configuration and recording feature…number of different features included in a music/rhythm video game…associated with music recording and editing…includes a backdrop of an entertainment system“; par. 44-“simulated instruments…root note, and scale settings for each simulated guitar…simulated drums…”; par. 46-“playback and editing functions…features may include general playback functions…pause 323, stop 325, and recording 327, …functions may be user specific, while other functions are applied to the entire band or compilation”; par. 48-“output sounds associated…for each video game controller…a drum set, a lead guitar, a bass guitar … microphone…keyboard, turntables, and various midi capable instruments…adjust audio output parameters of each simulated instrument…configuration adjustments … different cord sets and octave levels of the chord sets, find tuning …pitch and adding various effects of the audio output”; par. 49-“Sequences of inputs…configuration settings associated with each video game controller…audio parameters…”; the teachings of figures 5-12 with accompanying descriptions; and the examiner notes that the combinations above teachings and/or all icons shown (i.e., every single detailed) in figures 1 & 3 or the entire specification descriptions.
19. The machine-readable medium of claim 16, wherein the status information is related to a game program executing on a computing device, and wherein the status information is provided to a presentation feature of a user device other than the computing device.
Teachings of figure 1 with accompanying description where accessories such as (113-119) are controlled within the game console (101)
20. The machine-readable medium of claim 19, wherein the computing device executes an accessory management software (AMS) application.
Teachings of figure 1 with accompanying description where accessories such as (113-119) are controlled within the game console (101)
In addition to the above teachings, the additional support for the above well-known teachings can be easily found on the US Patent Database file, the examiner gives official notice on above discussed well-known teachings and the teachings of the “status information” & “presentation features” in the art of gaming device.
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.
Claim 19 is 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.
In claim 19, the “peripheral device” lacks proper and clear antecedent basis.
Claim Rejections - 35 USC § 103
Claims 1-2 & 4-21 are rejected under 35 U.S.C. 103 as being unpatentable over Rom et al. (US 9,387,395).
Before discussing the teachings of the recited claimed invention, the examiner notes that, due to the broadness of the recited claimed invention, the examiner can have more than one interpretation for the recited claimed invention (i.e., the interpretations and utilizations, in the context of the claimed invention, of the recited claimed “status information” & “presentation features”). Consequently, the examiner applies more than one interpretation for this rejection.
The teachings of the Rom et al. reference will be referred to as Rom reference; the examiner relies on the entire teachings of the Rom reference, Raynal reference & Bright reference for this rejection. The applicant should carefully read the entire teachings of the Rom, Raynal & Bright references
to better understand the following description of the rejection.
In addition, the examiner give Official Notice based on the teachings of the Raynal reference teachings (i.e., see the above official notice discussions) & Bright reference figures 1-17 is accompanied by the corresponding descriptions further details extremely abundant operational teachings of the gaming device operations of figures 1-17 which show status/presentation windows with so many operational possibilities; however, the examiner can only provide limited number of teaching details for this rejection to best covers the exemplary teachings of the recited claimed invention. The official notice relies on the entire teachings of the operational teachings (i.e., there can be so many possibilities of operational teachings) of the recited claimed invention. The examiner also notes that he Raynal & Bright reference teachings are closely related to the well-known Nintendo console system (i.e., Wii); therefore, the examiner takes official notice on the well-known teachings of the Wii as being very well-known teachings that applies to the claimed invention.
The Rom reference teaches the recited claimed invention as follows:
CLAIMS 1-2 & 4-21
ROM REF. TEACHINGS
16.A non-transitory machine-readable medium comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations comprising:
Teachings of fig 1A with accompanying description
identifying presentation features of each peripheral device of a plurality of peripheral devices associated with a gaming console,
Col 4, line 47, “AMS application can proceed to step 432 to determine if the user desires to apply a color mapping scheme to either of the accessories 118 & 120”; examiner notes that the color mapping scheme teaches the “presentation features” identified by the user
wherein each of the plurality of peripheral devices has a status information indicator for providing status information indicative of a condition associated with that peripheral device,
Col 5, line 4, “Scale 182 can depict depletion of ammunition with the emission of red light, and a restoration of ammunition with the emission of green light…”; examiner notes that changing color teaches “status information indicator” and “updated status” as well.
wherein the presentation features are adapted to present locally on each peripheral device of the plurality of peripheral devices, and
Fig 1B & 1C with accompanying description; examiner notes that all the teachings are local on peripheral devices
wherein the status information is related to a game program executing on the gaming console;
Col 4, line 67, “user can associate to one or more aspects of a gaming application such as a video game…user can associate color scale 182 with a particular aspect of a video game”
associating, in accordance with user input to the processing system, the status information indicator for each peripheral device with a selected one of the presentation features to obtain an association, wherein each peripheral device is thereby configured to provide the status information for that peripheral device via the selected one of the presentation features according to the association; and
Col 4, line 46, “Once the associations have been recorded in the profile, the AMS application…if the user desires to apply a color mapping scheme…the user can associate color scale 182 with a particular aspect of a video game…Scale 182 can depict a depletion of ammunition with the emission of red light, and restoration of ammunition with the emission of green light…”
wherein the status information includes at least two types of status associated with the selected one of the presentation features, the at least two types of status corresponding to different operational parameters
Col 5, line 4, “can depict a depletion of ammunition with the emission of read light…the health of the player…”; the examiner notes that more or less presentations & statuses can be associated depending on types of games chosen by the player
providing updated status information to a peripheral device of the plurality of peripheral devices, wherein the updated status information is an update for the peripheral device of the status information
Col 5, line 4, “Scale 182 can depict depletion of ammunition with the emission of red light, and a restoration of ammunition with the emission of green light…”; examiner notes that changing color teaches “status information indicator” and changed color like green light teaches “updated status”; see also col 6, line 46, “aspects of the game can be a tactical condition such as a level of ammunition…state of health of the player, proximity of an enemy …sate of damage…The status information can represent a color map…”
wherein the selected one of the presentation features is actuated according to the updated status information to provide a presentation of the updated status information via the selected one of the presentation features locally on the peripheral device.
Col 5, line 4, “can depict a depletion of ammunition with the emission of red light…the health of the player…”; the examiner notes that more or less presentations & statuses can be associated depending on types of games chosen by the player
17. The non-transitory machine-readable medium of claim 16, wherein the operations further comprise saving the association to a user profile, and wherein the presentation features are adapted to present one of a light, a sound or a vibration.
Col 5, line 33, “Once a user has selected and associated one or more color mappings with aspects of a gaming application, the association can be recorded in a profile…until the user no longer has any further associations to make with the accessories chosen GUI widows 118 & 120”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
18. The non-transitory machine-readable medium of claim 17, wherein the presentation features are further adapted to present one of a backlighting color, a display presentation, an e-paper presentation, or any combination thereof.
Fig 1A, 1B & 1C with accompanying description; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
19. The non-transitory machine-readable medium of claim 16, wherein the status information is provided to a user device other than the peripheral device.
Fig 1B & 1C with accompanying description, col 6, “status information can be distributed to the appropriate accessory according to the color mapping assigned”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication (e.g., one or other accessory device)
20. The non-transitory machine-readable medium of claim 19, wherein the gaming console executes an accessory management software (AMS) application.
Col 2, line 10, “GUI) generated by an Accessory Management Software (AMS) application according to the present disclosure”
21. (New) The non-transitory machine-readable medium of claim 17, wherein the user profile is managed by an accessory management software (AMS) application operating on a server remote from the gaming console.
This is well-known & commonly practiced teachings of the prior art from the same assignee/applicant (STEELSERIES apS), the examiner advise the applicant to search the well-known teachings (i.e., US patent references) from the same assignee/applicant.
1.Claim 1
The teachings of the claims 16-17 are similarly applied, due to the similarity between the claim 1 & 17
in response to determining the user-selected presentation feature of the peripheral device is unavailable,
Col 6, line 7, “The AMS …can receive an identity from the keyboard or the operating system which is not known in the AMS application’; the examiner notes that the detection of unknown teaches the determination of the unavailable feature
identifying an available presentation feature of the peripheral device different from the user-selected presentation feature; and
Col 6, line 12, “user providing direction as to the type of accessory (by selecting for example a drop-down menu) …in combination with the user instructions, the AMS application can determine…instructions can come from a user who defines each input function individually or respond to inquiries provided by the AMS application”
causing presentation of the updated status information via the available presentation feature.
Col 6, line 25, “Once the AMS application has been provided instructions…can create an accessory identify…can present a depiction of the new accessory with its identity along with the other selectable accessories
2. The device of claim 1, wherein the peripheral device comprises a gaming input device, and wherein the associating comprises associating the status of the peripheral device with an available presentation feature of the plurality of presentation features.
Obvious teachings of Col 6, line 57, “Portions of the status information can be distributed to the appropriate accessory according to the color mapping…associated with ammunition…associated proximity…to the mouse only”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
4. The device of claim 1, wherein the user-selected presentation feature comprises a backlighting color, a sound, a vibration, a display presentation, an e-paper presentation, or any combination thereof.
Obvious teachings of Fig 1A, 1B & 1C with accompanying description; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
5. The device of claim 1, wherein the peripheral device has a status information indicator for providing information indicative of a condition associated with the peripheral device.
Obvious teachings of Col 4, line 46, “Once the associations have been recorded in the profile, the AMS application…if the user desires to apply a color mapping scheme…the user can associate color scale 182 with a particular aspect of a video game…Scale 182 can depict a depletion of ammunition with the emission of red light, and restoration of ammunition with the emission of green light…”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
6. The device of claim 5, wherein the status information indicator includes a battery level indicator, a low-level battery indicator, a connection status indicator, an ink level indicator, a paper-jam indicator, a vibration indicator, a camera operation indicator, an in-coming message indicator, a button press indicator, a trigger-pull indicator, a voice-command receipt indicator, or any combination thereof.
Well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
7. The device of claim 5, wherein the condition is associated with a threshold.
Obvious from col 6, line 46, “tactical condition such as level of ammunition …a health of the player…a proximity of an enemy…state of damage…just to mention a few”; also well-known in the art of gaming industry; therefore, one skill in the art can easily add such features for more information indication; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
8. The device of claim 7, wherein the update of the status information occurs responsive to the status information crossing the threshold, indicating that the threshold has been reached.
Obvious from col 6, line 46, “tactical condition such as level of ammunition …a health of the player…a proximity of an enemy…state of damage…just to mention a few”; also well-known in the art of gaming industry; therefore, one skill in the art can easily add such features for more information indication; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
9. The device of claim 1, wherein the computing device executes an accessory management software (AMS) application.
Col 2, line 10, “GUI) generated by an Accessory Management Software (AMS) application according to the present disclosure”
10. The device of claim 1, wherein the status information further comprises program-originated status information of a program associated with the computing device.
“The tactical conditions retrieved from the gaming application can be processed by the AMS application and converted to status information”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
11.Claim 11
The teachings of the claims 16-17 are similarly applied, due to the similarity between the claim 11 & 17
wherein the first status information is user-selectable via the user input and includes at least one of the following operation states of the peripheral device; a battery level, a connection status, a vibration mode, or a camera status
This is common practices in the industry as evidenced by the well-known prior art teachings such as Raynal reference teachings discussed above in the official notice
12. The method of claim 11, further comprising saving, by the processing system, the user-selected association to a user profile.
Col 5, line 33, “Once a user has selected and associated one or more color mappings with aspects of a gaming application, the association can be recorded in a profile…until the user no longer has any further associations to make with the accessories chosen GUI widows 118 & 120” ; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
13. The method of claim 11, wherein the associating further comprises associating second status information for a second peripheral device of the plurality of peripheral devices with a second available one of a plurality of presentation features of the second peripheral device.
Col 5, line 33, “Once a user has selected and associated one or more color mappings with aspects of a gaming application, the association can be recorded in a profile…until the user no longer has any further associations to make with the accessories chosen GUI widows 118 & 120” ; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
14. The method of claim 11, wherein the presentation features comprise a backlighting color, a sound, a vibration, a display presentation, an e-paper presentation, or any combination thereof.
Obvious teachings of Fig 1A, 1B & 1C with accompanying description; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
15. The method of claim 11, wherein: the first peripheral device has a status information indicator for providing information indicative of a condition associated with the first peripheral device locally on the first peripheral device; and
Col 4, line 46, “Once the associations have been recorded in the profile, the AMS application…if the user desires to apply a color mapping scheme…the user can associate color scale 182 with a particular aspect of a video game…Scale 182 can depict a depletion of ammunition with the emission of red light, and restoration of ammunition with the emission of green light…”; also well-known in the art, as also evidenced by the official notice teachings of gaming industry; therefore, one skill in the art can easily add such features for more information indication
the status information indicator includes a battery level indicator, a low-level battery indicator, a connection status indicator, an ink level indicator, a paper-jam indicator, a vibration indicator, a camera operation indicator, an in-coming message indicator, a button press indicator, a trigger-pull indicator, a voice-command receipt indicator, or any combination thereof.
Well-known in the art of gaming industry; therefore, one skill in the art can easily add such features for better or more information indication to the users
As can be seen from the above detailed teachings of the recited claimed invention, when the examiner applies one of the Broadest Reasonable Interpretations to the recited claimed invention, the ROM reference does not expressly use the term “presentation features”; however, the above not expressly disclosed or defined teachings are well-known common knowledge in the art of gaming system, and also the specific game type dependent criteria of the designer (e.g., a designer of the sports games such as tennis, soccer, football…etc. inherently/obviously utilizes sports game dependent status information & features; however, the war games will inherently/obviously utilizes different but inherent/obvious types of the type of game dependent status information & features…etc.) where the designer can easily utilizes different sets of the game type dependent status information & criteria according to the types of games. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to come up with the recited claimed invention from the teachings of the ROM reference by utilizing or substituting the game type dependent status & feature information that are, well-known & commonly practiced in the ar, appropriate for the corresponding game types.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2 & 4-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9.707,477. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (477) parent discloses the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent. As can be seen from the claimed invention, the added limitations regarding the “update” status/presentation are considered as required/inherent/obvious characteristics or features for proper operations/functions of the status information (e.g., representing old/stale or not updated status information would be considered improper function/operation of any status representations); therefore, the (477) parent inherently teaches the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Claims 1-2 & 3-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9,975,043. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (043) parent discloses the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent. As can be seen from the claimed invention, the added limitations regarding the “update” status/presentation are considered as required/inherent/obvious characteristics or features for proper operations/functions of the status information (e.g., representing old/stale or not updated status information would be considered improper function/operation of any status representations); therefore, the (043) parent inherently teaches the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Claims 1-2 & 4-21are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,207,179. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (179) parent discloses the claimed invention of the present claims 1-2 & 4-21that substantially identical or functionally equivalent. As can be seen from the claimed invention, the added limitations regarding the “update” status/presentation are considered as required/inherent/obvious characteristics or features for proper operations/functions of the status information (e.g., representing old/stale or not updated status information would be considered improper function/operation of any status representations); therefore, the (179) parent inherently teaches the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Claims 1-2 & 4-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,780,342. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (342) parent discloses the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent. As can be seen from the claimed invention, the added limitations regarding the “update” status/presentation are considered as required/inherent/obvious characteristics or features for proper operations/functions of the status information (e.g., representing old/stale or not updated status information would be considered improper function/operation of any status representations); therefore, the (342) parent inherently teaches the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Claims 1-2 & 4-21are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,701,577. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (577) parent discloses the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Claims 1-2 & 4-21are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,109,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the (485) parent discloses the claimed invention of the present claims 1-2 & 4-21 that substantially identical or functionally equivalent.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER B SHIN whose telephone number is (571)272-4159. The examiner can normally be reached on 8:00-4:00 PM.
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/CHRISTOPHER B SHIN/Primary Examiner, Art Unit 2181