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 1-21 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.
Claim 1 recites the limitation "the user" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the user" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the user" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the user" in line 8. There is insufficient antecedent basis for this limitation in the claim.
All dependent claims inherit the deficiencies of the claim(s) from which they depend and are similarly rejected for the same reason.
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 an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-21 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
An information processing system comprising:
one or more processors; and
one or more memories storing a program that, when executed, causes the information processing system to perform operations including:
controlling a player character’s action based on a user’s input;
arranging a first object associated with the player character, at a position in a virtual space based on the user’s input with reference to a position of the player character; and
setting, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the first object is arranged, the region including a position related to the horizontal direction of the first object, as a first region related to the user, the region being a two-dimensional or three-dimensional region, wherein the controlling the player character’s action includes controlling the player character’s action such that a predetermined action has a form varying depending on whether or not the player character is located in the first region.
Claim 19 recites:
A non-transitory computer-readable storage medium having stored therein a program that, when executed, causes one or more processors of an information processing apparatus to execute information processing comprising:
controlling a player character’s action based on a user’s input;
arranging a first object associated with the player character, at a position in a virtual space based on the user’s input with reference to a position of the player character; and
setting, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the first object is arranged, the region including a position related to the horizontal direction of the first object, as a first region related to the user, the region being a two-dimensional or three-dimensional region, wherein the controlling the player character’s action includes controlling the player character’s action such that a predetermined action has a form varying depending on whether or not the player character is located in the first region.
Claim 20 recites:An information processing apparatus comprising:
one or more processors; and
one or more memories storing a program that, when executed, causes the information processing apparatus to perform operations including:
controlling a player character’s action based on a user’s input;
arranging a first object associated with the player character, at a position in a virtual space based on the user’s input with reference to a position of the player character; and
setting, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the first object is arranged, the region including a position related to the horizontal direction of the first object, as a first region related to the user, the region being a two-dimensional or three-dimensional region, wherein the controlling the player character’s action includes controlling the player character’s action such that a predetermined action has a form varying depending on whether or not the player character is located in the first region.
Claim 21 recites:An information processing method for causing one or more processors of an information processing system to at least:
control a player character’s action based on a user’s input;
arrange a first object associated with the player character, at a position in a virtual space based on the user’s input with reference to a position of the player character; and
set, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the first object is arranged, the region including a position related to the horizontal direction of the first object, as a first region related to the user, the region being a two-dimensional or three-dimensional region, wherein the controlling the player character’s action includes controlling the player character’s action such that a predetermined action has a form varying depending on whether or not the player character is located in the first region.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "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." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: controlling a player character’s action based on a user’s input; arranging a first object associated with the player character, at a position in a virtual space based on the user’s input with reference to a position of the player character; and setting, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the first object is arranged, the region including a position related to the horizontal direction of the first object, as a first region related to the user, the region being a two-dimensional or three-dimensional region, wherein the controlling the player character’s action includes controlling the player character’s action such that a predetermined action has a form varying depending on whether or not the player character is located in the first region.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 19-21 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: one or more processors, one or more memories
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Jaffe et al., US 20240075392 discloses that it is well known that a player can make input for controlling a player character in a game (paragraph 4).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-18 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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