Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim(s) 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mullen (US 2007 /0281766 A1) in view of Sweeney (US 6,722,984 B1).
1. Mullen discloses a server 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 [0060], [0122], (fig. 12):
based on a request from a player device to play a virtual game application in a virtual gaming space, obtaining boundary and topographical information for a physical space (i.e. a location-based gaming system in which a user’s physical location on a physical playfield is obtained via a locating device and mapped to control a virtual game character on a virtual playfield), [0045], [0109], (fig. 2);
mapping the boundary and topographical information for the physical space to a virtual structure within the virtual gaming space (i.e. correlating physical locations (including boundaries and impenetrable objects such as maze walls) to virtual locations and structures on the virtual playfield), [0015], [0070];
determining a position for a computer-generated player within the virtual gaining space (i.e. determining the location of a virtual character in the virtual playfield based on the physical location determined by the locating device), [0070], [0074];
transmitting, to the player device, information representative of the virtual gaining space, wherein the information relates to the virtual structure within the virtual gaming space and indicates the position of the computer-generated player within the virtual gaming space (i.e. displaying virtual indicia (including structures and character positions) on the player’s display device), [0069]-[0070].
Mullen does not expressly disclose receiving, from the player device, a plurality of input stimulations associated with the virtual game application; analyzing the plurality of input stimulations to determine a single input macro for generating a substitute stimulation; receiving a first input stimulation of the player device; retrieving the substitute stimulation for the first input stimulation according to the single input macro; and transmitting the substitute stimulation to the virtual game application.
Sweeney discloses game controller systems that support macro functionality, including the recording and playback of sequences of input stimulations. Programmable profiles in which multiple inputs can be captured and associated with a single trigger input allows the controller to substitute a complex sequence (macro) for a simpler single stimulation. This enables customized control schemes where a single button press or input can generate a series of substitute actions or stimulations delivered to the game application (Fig. 5a and 5b, col. 4, line 63 - col. 5, line 12).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the location-based virtual gaming system of Mullen to incorporate the macro recording, profile-based substitution, and single-input trigger functionality taught by Sweeney and would have been motivated to do so to enable players to simplify complex or repetitive control sequences into a single stimulation, improve accessibility for users with limited dexterity or mobility, reduce input errors during fast-paced gameplay, and allow customizable control schemes tailored to individual players or gaming accessories. This combination yields the predictable result of an enhanced, more user-friendly virtual gaming experience without altering the fundamental operation of the location-mapping and virtual environment rendering taught by Mullen.
2. Mullen and Sweeney discloses the server device of claim 1, Mullen expressly teaches obtaining and utilizing physical boundary and topographical data of a real-world playfield (via locating devices such as GPS/LPS) and mapping those physical features to virtual structures. In particular, Mullen discloses correlating physical locations that correspond to impenetrable objects (explicitly including “maze walls,” perimeters, and other physical barriers) so that contact with a real-world location that maps to a virtual wall produces game effects (stunning, point loss, life loss, or game-over), [0056], [0070]. The physical playfield itself is a “recognized reference location” defined by the user or system (origin + perimeter walked or set by the player), and the system obtains the wall/boundary locations as part of establishing the playfield. Mullen’s examples include parks, playgrounds, school grounds, and rocky fields [0014], [0082], [0103]— all recognized physical spaces whose walls, fences, buildings, or natural topography are used as the basis for the virtual maze walls and impenetrable structures.
Mullen does not explicitly teach or suggest “including one of an airport, a mall, a theme park, a museum, and a library” as the specific recognized reference location. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the location-based gaming system of Mullen so that the recognized reference location whose wall locations are obtained is one of an airport, a mall, a theme park, a museum, or a library; however, Mullen already teaches that the physical playfield can be any suitably sized outdoor or indoor area that can be mapped with locating devices and that possesses physical walls/barriers usable as impenetrable objects. Airports, malls, theme parks, museums, and libraries are classic, well-known public venues that possess precisely the structural features Mullen relies upon: clearly defined walls, corridors, open spaces, and topography that can be readily mapped into virtual structures. Theme parks in particular are a natural fit for Mullen’s “actuality” games (e.g., a PACMAN-style maze overlaid on a theme-park pathway or indoor attraction). One of ordinary skill would have been motivated to choose these specific public venues because they (1) already attract large numbers of potential players, (2) provide pre-existing, easily mappable wall/topography data (often already digitized for wayfinding), (3) offer controlled environments ideal for multi-player remote or AR gaming, and (4) increase commercial viability of the location-based system. Deploying Mullen’s system inside a mall, airport, museum, library, or theme park requires only the predictable substitution of one recognized physical playfield for another, with no change in the underlying mapping, wall-correlation, or game-logic technology. The combination yields the predictable result of a server that obtains wall-location data from one of the listed public venues and maps those walls into the virtual gaming space.
3. Mullen and Sweeney discloses the server device of claim 2, wherein Mullen further discloses the operations further comprise: identifying an action of the player device within the recognized reference location; mapping the action of the player device to the virtual gaming space to generate a virtual action; determining a virtual effect of the virtual action; and transmitting, to the player device, information representative of the virtual effect, Mullen [0061], [0074], [0086], [0104], [0117].
4. Mullen and Sweeney discloses the server device of claim 1, wherein Mullen further discloses the operations further comprise: capturing position and orientation information for the player device, Mullen [0084], [0089], [0103].
5. Mullen and Sweeney discloses the server device of claim 1, wherein Mullen further discloses the player device comprises a gaming accessory, (Fig. 13).
6. Mullen and Sweeney discloses the server device of claim 1, wherein Mullen further discloses the operations further comprise: capturing first position and first orientation information for a first player of the virtual game application at a first physical location and second position and second orientation information for a second player at a second physical location, wherein the first physical location and the second physical location comprise remote locations; and mapping the first position and the first orientation information for the first player and the second position and the second orientation information for the second player to the virtual gaining space of the virtual game application to generate a first virtual player corresponding to the first player and a second virtual player corresponding to the second player, Mullen [0048], [0103].
7. Mullen and Sweeney discloses the server device of claim 6, wherein Mullen further discloses the operations further comprise: transmitting, to a first visual device of the first player, information representative of the second virtual player, Mullen [0048], [0103].
8. Mullen and Sweeney discloses the server device of claim 7, wherein Mullen further discloses the first visual device presents the second virtual player superimposed onto a transparent viewing apparatus for viewing of the virtual gaming space by the first player, Mullen [0015], [0018], [0083]-[0084], [0103].
9. Mullen and Sweeney discloses the server device of claim 1, wherein Mullen further discloses the operations further comprise: generating a plurality of virtual objects distributed within the virtual gaming space; and transmitting, to the player device, information representative of the plurality of virtual objects and indicating respective positions of the plurality of virtual objects within the virtual gaining space, Mullen [0015], [0018], [0083]-[0084], [0103].
10. Mullen and Sweeney discloses the server device of claim 1, wherein Sweeney further discloses the retrieving the substitute stimulation comprises: retrieving the substitute stimulation from an accessory management profile, Sweeney (Fig. 5a and 5b, col. 4, line 63 - col. 5, line 12)..
11-15. Mullen and Sweeney discloses a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, comprising: based on a request from a gaming accessory to play a virtual game application in a virtual gaming space, obtaining boundary and topographical information for a physical space; mapping the boundary and topographical information for the physical space to a virtual structure within the virtual gaming space; determining a position for a computer-generated player within the virtual gaining space; transmitting, to the gaining accessory, information representative of the virtual gaining space, wherein the information relates to the virtual structure within the virtual gaining space and indicates the position of the computer-generated player within the virtual gaining space; receiving, from the gaming accessory, a plurality of input stimulations associated with the virtual game application; analyzing the plurality of input stimulations to determine a single input macro for generating a substitute stimulation; receiving a first input stimulation of the gaming accessory; retrieving the substitute stimulation for the first input stimulation according to the single input macro; and transmitting the substitute stimulation to the virtual game application as similarly discussed above.
16-20. Mullen and Sweeney discloses a method, comprising: based on a request from a player device to play a virtual game application in a virtual gaining space, retrieving, by a processing system including a processor, boundary and topographical information for a physical space; mapping, by the processing system, the boundary and topographical information for the physical space to a virtual structure within the virtual gaming space; determining, by the processing system, a position for a computer-generated player within the virtual gaming space; transmitting, by the processing system and to the player device, information representative of the virtual gaming space, wherein the information relates to the virtual structure within the virtual gaining space and indicates the position of the computer-generated player within the virtual gaming space; deriving, by the processing system, a single input macro for generating a substitute stimulation, wherein the deriving is based on a plurality of input stimulations received from the player device in relation to the virtual game application; receiving, by the processing system, a first input stimulation of the player device; retrieving, by the processing system, the substitute stimulation for the first input stimulation according to the single input macro; and transmitting, by the processing system, the substitute stimulation to the virtual game application as similarly discussed above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 9,155,964 B2, claims 1-20 of U.S. Patent No. 9,861,893 B2 and claims 1-20 of U.S. Patent No. 10,512,844 B2, claims 1-20 of US 12115454 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they all are claiming similar invention relating to at least a method and/or server 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: based on a request from a player device to play a virtual game application in a virtual gaming space, obtaining boundary and topographical information for a physical space; mapping the boundary and topographical information for the physical space to a virtual structure within the virtual gaming space; determining a position for a computer-generated player within the virtual gaining space; transmitting, to the player device, information representative of the virtual gaining space, wherein the information relates to the virtual structure within the virtual gaming space and indicates the position of the computer-generated player within the virtual gaming space; receiving, from the player device, a plurality of input stimulations associated with the virtual game application; analyzing the plurality of input stimulations to determine a single input macro for generating a substitute stimulation; receiving a first input stimulation of the player device; retrieving the substitute stimulation for the first input stimulation according to the single input macro; and transmitting the substitute stimulation to the virtual game application.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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, Xuan Thai can be reached at (571) 272-7147. 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.
/Seng H Lim/Primary Examiner, Art Unit 3715
Prosecution Insights