DETAILED ACTION
Information Disclosure Statement
In accordance with MPEP 609.02, all references cited in IDS document of parent application(s) have been considered in this application. If Applicant would like the references in the parent IDS document(s) to be printed in this published patent (if allowed), then the IDS documents need to be submitted in this application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 6, 8, and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-17, 19 and 20 of U.S. Patent No. 11,745,103. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the reference patent anticipate the features recited in the current claims (see detailed analysis in below table).
Current Application
18/824,249
Reference Document
U.S. Patent No. 11,745,103
Similarities &
Differences
Claim 1. A method, comprising:
providing a virtual gaming environment on a touch screen display device, the touch screen display device receiving touch-based user input comprising at least one swipe on the touch screen display device to create a customized camera viewing experience of a gameplay event of interest involving a target,
the customized camera viewing experience comprising an entire event from discharging, traveling, and hitting of the target by a projectile;
during the traveling of the projectile, receiving the touch-based user input on the touch screen display device; providing a customized camera view of the gameplay event of interest based on the touch-based user input; and
rotating a camera angle of the customized camera view corresponding to a direction of the at least one swipe of the touch-based user input.
Claim 15. A method, comprising:
displaying a customized camera view of a gameplay event of interest based on touch-based user input received on a touch screen display device during traversal of an object to a target,
the customized camera view having a focal point of the object, wherein the customized camera view comprises an event sequence involving the object;
rotating a camera angle of the customized camera view based on a swipe action received during the event sequence; and
allowing a user to perform any of pausing, rewinding, and editing the customized camera view of the gameplay event of interest.
Claim 20. The method according to claim 15, further comprising placing projectile tracer effect into the customized camera view.
There are minor word choice and feature order differences (emphasized).
‘249 is a little wordier, but overall concept is anticipated by the ‘103.
Both recited the customized camera view. ‘249
‘249 requires a projectile that is recited in claim 20 of ‘103.
Both create a customized camera view based on a touch-input. ‘249 recites the rotating feature in the next clause.
Both require rotating a camera angle based on user swipe input.
‘103 recites a projectile in claim 20 to match the projectile features lacking from claim 15 of ‘103.
Claim 6. The method according to claim 1, further comprising placing a path highlight effect into the customized camera view.
Claim 17. The method according to claim 16, further comprising placing a path highlight effect into the customized camera view.
Same.
Claim 8. The method according to claim 1, wherein the customized camera view comprises a camera angle that is provided from the target’s perspective.
Claim 19. The method according to claim 15, wherein a point of view of the customized camera view is from a perspective of the target.
Same.
Claim 9. The method according to claim 1, further comprising imposing a passive tutorial on the customized camera view that instructs the user to swipe to create the customized camera view.
Claim 16. The method according to claim 15, further comprising imposing a passive tutorial on the customized camera view that instructs the user in adjusting the customized camera view.
Very similar, ‘249 mentions a swipe input here and ‘103 mentions adjusting, but ‘103 earlier mentions swipe in claim 15.
Claims 1 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 9 of U.S. Patent No. 11,077,371. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the reference patent anticipate the features recited in the current claims (see detailed analysis in below table).
Current Application
18/824,249
Reference Document
U.S. Patent No. 11,077,371
Similarities &
Differences
Claim 1. A method, comprising:
providing a virtual gaming environment on a touch screen display device, the touch screen display device receiving touch-based user input comprising at least one swipe on the touch screen display device to create a customized camera viewing experience of a gameplay event of interest involving a target, the customized camera viewing experience comprising an entire event from discharging, traveling, and hitting of the target by a projectile;
during the traveling of the projectile, receiving the touch-based user input on the touch screen display device; providing a customized camera view of the gameplay event of interest based on the touch-based user input; and
rotating a camera angle of the customized camera view corresponding to a direction of the at least one swipe of the touch-based user input.
Claims 1. A method, comprising:
providing a virtual gaming environment on a touch screen display device, the touch screen display device receiving touch-based user input comprising any of a swipe, tap or pinch on the touch screen display device to create a customized camera viewing experience of a gameplay event of interest involving a target, wherein the customized camera viewing experience comprises an entire event from discharging, traveling, and hitting of the target by a projectile;
during the traveling of the projectile, receiving the touch-based user input on the touch screen display device; providing a customized camera view of the gameplay event of interest based on the touch-based user input; and
detonating explosive props within the virtual gaming environment when the target is impacted.
Claim 5. The method according to claim 1, wherein when the touch-based user input comprises a swipe action within the touch screen display device, a rotation of camera angle of the customized camera view occurs.
Very similar, with additional features recited in ‘371.
Rotation feature of ‘249 is recited in claim 5 of ‘371.
Claim 8. The method according to claim 1, wherein the customized camera view comprises a camera angle that is provided from the target’s perspective.
Claims 9. The method according to claim 1, wherein the customized camera view comprises a camera angle that is provided from the target's perspective
Same.
Conclusion
The prior art fails to disclose all of the recited features of claims 1 and 11, including providing a customized camera view of a traveling projectile by changing a camera angle of the customized camera view corresponding to a direction of at least a swipe of a touch-based user input.
NPL by Hothead Games, Kill Shot (cited in parent applications, including 16/814,773) discloses a camera view change during the shooting of a projectile, but fails to disclose by changing a camera angle of the customized camera view corresponding to a direction of at least a swipe of a touch-based user input.
NPL for the video game Falcon 4.0 (cited in parent applications, including 16/814,773) discloses creating a custom view with a focal point of the projectile, but fails to disclose changing a camera angle of the customized camera view corresponding to a direction of at least a swipe of a touch-based user input.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2017/0319961 to Dunn discloses zoom controls for a first-person shooter.
U.S. Patent Application Publication No. 2014/0118563 to Mehta discloses a touch-based view customization (e.g., see Fig. 1)
U.S. Patent Application Publication No. 2017/0282076 to Tsui discloses changing camera views in a shooting game (e.g., see Figs. 6 and 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S MCCLELLAN whose telephone number is (571)272-7167. The examiner can normally be reached Monday-Friday (8:30AM-5:00PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/James S. McClellan/Primary Examiner, Art Unit 3715
Prosecution Insights