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 .
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,118,846. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations claimed within the current claims are already covered by the patented claims. Examiner has produced a comparison below between the patented claims and the current pending claims.
U.S. Patent No. 12,118,846
Current Claims
1. A gaming device comprising:
a gesture input device to detect non-contact gesture inputs performed by a user;
a processor circuit; and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to:
receive a first gesture input value from the gesture input device and that corresponds to a user-specific gesture that the user performs,
wherein the user-specific gesture comprises a non-contact hand motion;
associate the first gesture input value with a first gaming device operation to be performed by the gaming device;
receive the first gesture input value that is associated with the first gaming device operation; and
responsive to receiving the first gesture input value that is associated with the first gaming device operation, cause the gaming device to perform the first gaming device operation; and
provide, to the user, a game that prompts the user to provide the user-specific gesture as input to the gesture input device to train the device to associate the first gesture input value with the first gaming device operation,
wherein providing the personalized gesture training output further cause the processor circuit to provide, to the user, a sequence of gesture instructions that prompts the user to perform the user-specific gesture,
wherein the sequence of instructions comprises the game that the user plays, and
wherein the user-specific gesture comprises a hand motion that corresponds to a data graphic that represents a property of operation of the gaming device,
wherein a first portion of the plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device, and
wherein a second portion of the plurality of gesture input values are interpreted to respective ones of the different gesture input data formats in response to a request from the gaming device.
2. The gaming device of claim 1,
wherein the instructions further cause the processor circuit to generate a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming device operation.
3. The gaming device of claim 2, wherein the personalized gesture library comprises user identification data that is associated with corresponding ones of the plurality of gesture input values and the plurality of gaming device operations.
11. The gaming device of claim 1, wherein the hand motion is performed using a 3D gesture input sensor.
12. The gaming device of claim 1, wherein the hand motion is performed using an image capture device.
4. The gaming device of claim 1, wherein the instructions further cause the processor circuit to perform a user identification operation to determine an identity of the user, wherein performing the user identification operation comprises using the first gesture input value and receiving at least one other input corresponding to the user.
5. The gaming device of claim 1, wherein the instructions further cause the processor circuit to provide a personalized gesture training output to the user to prompt the user to perform the user-specific gesture that corresponds to the first gesture input value and the first gaming device operation that is associated with the first gesture input value.
6. The gaming device of claim 5, wherein the instructions to provide the personalized gesture training output further cause the processor circuit to provide, to the user, suggested gestures to be the user-specific gesture.
7. The gaming device of claim 1, wherein the user-specific gesture causes the data graphic to be modified to adjust the property of operation of the gaming device.
8. The gaming device of claim 7, wherein the data graphic comprises a pay table curve, wherein the property of operation of the gaming device comprises game volatility, and wherein the user-specific gesture comprises the first gesture input value that causes the game volatility to be modified.
9. The gaming device of claim 7, wherein the data graphic comprises an environmental property corresponding to the gaming device, and wherein the user-specific gesture comprises the first gesture input value that causes the environmental property to be modified.
10. The gaming device of claim 1, wherein the instructions that cause the processor circuit to receive the first gesture input value further cause the processor circuit to detect a plurality of gesture inputs that comprise multiple occurrences of a sequence of user-specific gestures, wherein, responsive to detecting the sequence of user-specific gestures, the processor circuit is further caused to provide a message to the user that comprises a suggestion to define the sequence of user-specific gestures as a single gesture.
13. A system comprising:
a gesture input device to detect a first gesture by a user of a gaming device and to generate a first gesture input value based on the first gesture;
processor circuit; and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to:
receive the first gesture input value from the gesture input device, the first gesture input value corresponding to a user-specific gesture that the user performs and that is associated with a first gaming operation of the gaming device;
responsive to receiving the first gesture input value, cause the gaming device to perform the first gaming operation; and
provide, to the user, a calibration output that prompts the user to provide calibration inputs corresponding to the first gesture input value, wherein the calibration inputs comprise updates to the first gesture input value; and
a data repository that comprises a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value, and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming operation,
wherein the user-specific gesture comprises a non-contact hand motion,
wherein a first portion of the plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device, and
wherein a second portion of the plurality of gesture input values are interpreted to respective ones of the different gesture input data formats in response to a request from the gaming device.
14. The system of claim 13, wherein the first gesture input device comprises an image capture device that is remotely located from the gaming device.
15. The system of claim 13, wherein the gaming device comprises one of a plurality of gaming devices,
wherein responsive to receiving the first gesture input value, the instructions further cause the processing circuit to cause the plurality of gaming devices to each perform the first gaming operation.
16. The system of claim 13, wherein ones of the plurality of gesture input values comprise different gesture input data formats corresponding using different types of gesture input devices on different gaming devices, and
wherein the personalized library further comprises different gesture input values corresponding to the user-specific gesture for each of the different gesture input data formats.
17. The system of claim 13, wherein the data repository is located remote from the gaming device,
wherein the first gesture input value is sent to the personalized gesture library, and wherein the first gaming operation that is associated with the first gesture input value is provided to the gaming device.
18. A method comprising:
detecting, by a non-contact gesture input device of a gaming device, a first gesture by a user of the gaming device;
generating, by the non-contact gesture input device, a first gesture input value based on the first gesture that is a user-specific gesture;
associating the first gesture input value with a first gaming device operation to be performed by the gaming device responsive to receiving the first gesture;
responsive to receiving the first gesture input value that is associated with the first gaming device operation, causing the gaming device to perform the first gaming device operation;
causing the first gesture input value, an identification of the first gaming device operation and user-specific data to be stored in a personalized gesture library that is accessible to other gaming devices, wherein the personalized gesture library comprises a persistent store of the first gesture input value, an identification of the first gaming device operation and user-specific data;
providing, to the user, a game that prompts the user to provide the user-specific gesture input to the gesture input device to train the system to associate the first gesture input value with the first gaming device operation; and
providing, to the user and after training occurs, a calibration output that prompts the user to provide calibration inputs corresponding to the first gesture input value,
wherein the calibration inputs comprise updates to the first gesture input value,
wherein a first portion of the plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device, and
wherein the user-specific gesture comprises a hand motion that corresponds to a data graphic,
wherein a second portion of the plurality of gesture input values are interpreted to respective ones of the different gesture input data formats in response to a request from the gaming device.
1. A gaming device comprising:
a gesture input device to detect gesture inputs performed by a user;
a processor circuit; and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to:
receive a first gesture input value from a first gesture input device and that corresponds
to a user-specific gesture that the user performs;
associate the first gesture input value with a first gaming device operation to be performed by the gaming device;
receive the first gesture input value that is associated with the first gaming device operation; and
responsive to receiving the first gesture input value that is associated with the first gaming device operation, cause the gaming device to perform the first gaming device operation; and
provide, to the user, a game that prompts the user to provide the user-specific gesture
as input to the gesture input device to train the device to associate the first gesture input value with the first gaming device operation,
wherein providing a personalized gesture training output further causes the processor
circuit to provide, to the user, a sequence of gesture instructions that prompts the user to
perform the user-specific gesture, and
wherein the sequence of instructions comprises the game that the user plays.
2. The gaming device of claim 1,
wherein a second portion of a plurality of gesture input values are interpreted to respective ones of different gesture input data formats in response to a request from the gaming device.
3. The gaming device of claim 1,
wherein the instructions further cause the
processor circuit to generate a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming device operation.
4. The gaming device of claim 3, wherein the personalized gesture library comprises user identification data that is associated with corresponding ones of the plurality of gesture input values and the plurality of gaming device operations.
5. The gaming device of claim 1, wherein a hand motion is performed using a 3D gesture input sensor.
6. The gaming device of claim 1, wherein a hand motion is performed using an image capture device.
7. The gaming device of claim 1, wherein the instructions further cause the processor circuit to perform a user identification operation to determine an identity of the user, wherein performing the user identification operation comprises using the first gesture input value and receiving at least one other input corresponding to the user.
8. The gaming device of claim 1, wherein the instructions further cause the processor circuit to provide a personalized gesture training output to the user to prompt the user to perform the user-specific gesture that corresponds to the first gesture input value and the first gaming device operation that is associated with the first gesture input value.
9. The gaming device of claim 8, wherein the instructions to provide the personalized gesture training output further cause the processor circuit to provide, to the user,
suggested gestures to be the user-specific gesture.
10. The gaming device of claim 1, wherein the user-specific gesture causes a data graphic to be modified to adjust a property of operation of the gaming device.
11. The gaming device of claim 10, wherein a data graphic comprises a pay table curve, wherein the property of operation of the gaming device comprises game volatility, and
wherein the user-specific gesture comprises the first gesture input value that causes the game volatility to be modified.
12. The gaming device of claim 10, wherein a data graphic comprises an environmental property corresponding to the gaming device, and wherein the user-specific gesture comprises the first gesture input value that causes the environmental property to be
modified.
13. The gaming device of claim 1, wherein the instructions that cause the processor
circuit to receive the first gesture input value further cause the processor circuit to detect a
plurality of gesture inputs that comprise multiple occurrences of a sequence of user-specific gestures, wherein, responsive to detecting the sequence of user-specific gestures, the processor circuit is further caused to provide a message to the user that comprises a suggestion to define the sequence of user-specific gestures as a single gesture.
14. A system comprising:
a gesture input device to detect a first gesture by a user of a gaming device and to
generate a first gesture input value based on the first gesture;
processor circuit; and
a memory coupled to the processor circuit, the memory comprising machine-readable
instructions that, when executed by the processor circuit, cause the processor circuit to:
receive the first gesture input value from the gesture input device, the first gesture input value corresponding to a user-specific gesture that the user performs and that is associated with a first gaming operation of the gaming device;
responsive to receiving the first gesture input value, cause the gaming device to perform
the first gaming operation; and
provide, to the user, a calibration output that prompts the user to provide calibration
inputs corresponding to the first gesture input value, wherein the calibration inputs comprise
updates to the first gesture input value; and
a data repository that comprises a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value, and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming operation,
wherein a first portion of the plurality of gesture input values are interpreted to
respective ones of different gesture input data formats prior to a request from the gaming
device.
15. The system of claim 14, wherein the first gesture input device comprises an image capture device that is remotely located from the gaming device.
16. The system of claim 14, wherein the gaming device comprises one of a plurality
of gaming devices,
wherein responsive to receiving the first gesture input value, the instructions further
cause the processing circuit to cause the plurality of gaming devices to each perform the first gaming operation.
17. The system of claim 15, wherein ones of the plurality of gesture input values comprise different gesture input data formats corresponding using different types of gesture
input devices on different gaming devices, and
wherein the personalized library further comprises different gesture input values corresponding to the user-specific gesture for each of the different gesture input data formats.
18. The system of claim 14, wherein the data repository is located remote from the
gaming device,
wherein the first gesture input value is sent to the personalized gesture library, and wherein the first gaming operation that is associated with the first gesture input value is provided to the gaming device.
19. A method comprising:
detecting, by a gesture input device of a gaming device, a first gesture by a user of the
gaming device;
generating, by the gesture input device, a first gesture input value based on the first
gesture that is a user-specific gesture;
associating the first gesture input value with a first gaming device operation to be performed by the gaming device responsive to receiving the first gesture;
responsive to receiving the first gesture input value that is associated with the first
gaming device operation, causing the gaming device to perform the first gaming device
operation;
causing the first gesture input value, an identification of the first gaming device
operation and user-specific data to be stored in a personalized gesture library that is accessible to other gaming devices, wherein the personalized gesture library comprises a persistent store of the first gesture input value, an identification of the first gaming device operation and user-specific data;
providing, to the user, a game that prompts the user to provide the user-specific gesture
input to the gesture input device to train a system to associate the first gesture input value with the first gaming device operation; and
providing, to the user and after training occurs, a calibration output that prompts the
user to provide calibration inputs corresponding to the first gesture input value,
wherein the calibration inputs comprise updates to the first gesture input value,
wherein a first portion of a plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device.
20.The method according to claim 19, wherein the user-specific gesture comprises a
hand motion that corresponds to a data graphic, and
wherein a second portion of a plurality of
gesture input values are interpreted to respective ones of different gesture input data formats in response to a request from the gaming device.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to at least one of abstract idea groupings, according to the 2019 Revised Patent Subject Matter Guidelines (Mathematical Concepts, Mental Processes and/or Certain Methods of Organizing Human Activity). Further, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
More specifically, regarding Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a system and/or process, which is are statutory categories of invention.
Step 2A-1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Independent claim 1 recites the following, with the abstract ideas highlighted in bold, including an indication as to the abstract idea grouping(s) to which the indicated limitations belong to, according to the 2019 Revised Patent Subject Matter Guidelines. Independent claims 14 and 19, having substantially similar features, were also analyzed and to which the following conclusion is also applicable:
1. A gaming device comprising:
a gesture input device to detect gesture inputs performed by a user;
a processor circuit; and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to:
receive a first gesture input value from a first gesture input device and that corresponds to a user-specific gesture that the user performs (Certain Methods of Organizing Human Activity);
associate the first gesture input value with a first gaming device operation to be performed by the gaming device (Mental Processes);
receive the first gesture input value that is associated with the first gaming device operation (Certain Methods of Organizing Human Activity); and
responsive to receiving the first gesture input value that is associated with the first gaming device operation (Mental Processes), cause the gaming device to perform the first gaming device operation (Certain Methods of Organizing Human Activity); and
provide, to the user, a game that prompts the user to provide the user-specific gesture as input to the gesture input device to train the device to associate the first gesture input value with the first gaming device operation (Certain Methods of Organizing Human Activity),
wherein providing a personalized gesture training output further causes the processor circuit to provide, to the user, a sequence of gesture instructions that prompts the user to perform the user-specific gesture, and wherein the sequence of instructions comprises the game that the user plays (Certain Methods of Organizing Human Activity).
The limitations in claim 1 (as well as claim(s) 14 and 19) recite an abstract idea included in the groupings of Certain Methods of Organizing Human Activity and/or Mental Processes, connected to technology only through application thereof using generic computing elements (e.g., a gesture input device, a processor circuit, a memory, etc.) and/or insignificant extra-solution activity.
According to the 2019 Revised Patent Subject Matter Guidelines:
Mental Processes include concepts performed in the human mind (including an observation, evaluation, judgement, opinion); and
Certain Methods of Organizing Human Activity include:
1. Fundamental Economic Principles or Practices (including hedging (i.e., wagering), insurance, mitigating risk);
2. Commercial or Legal Interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations);
3. Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions). The interaction encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping.
Specifically, the instant claims include functions/limitations, as highlighted in the independent claim above, that constitute at least:
A. Rules for managing player interactions and game behavior (e.g., “wherein providing a personalized gesture training output further causes the processor circuit to provide, to the user, a sequence of gesture instructions that prompts the user to perform the user-specific gesture, and wherein the sequence of instructions comprises the game that the user plays”), which falls squarely within the Managing Personal Behavior or Relationships or Interactions Between People grouping. These limitations describe following a prescribed sequence of steps, conditions and outcomes that govern the player's interaction with the gaming system. The Federal Circuit has held that such game related rules and player interaction logic constitute abstract ideas. See In re Smith, 815 F.3d 816 (Fed. Cir. 2016). Accordingly, the claim limitations directed to steps that govern gameplay are properly categorized as Certain Methods of Organizing Human Activities, as they merely recite the rules and instructions for conducting the game and managing player behavior, implemented utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity, as set forth in the claims; and/or
B. Concepts performed in the human mind (e.g., “associate the first gesture input value with a first gaming device operation to be performed by the gaming device”), which is an abstract idea included in the grouping of Mental Processes. These limitations are interpreted as at least Mental Processes insomuch as the claim limitations are directed to performing the concepts in the human mind, while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims.
Regarding dependent claims 2-13, 15-18 and 20:
Each claim is dependent either directly or indirectly from the independent claim identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claim further describes additional aspects of the abstract idea, i.e., additional aspects to the Mental Processes and/or Methods of Organizing Human Activity. For example, some dependent claims merely provide additional Mental Processes and/or Methods of Organizing Human Activity to be performed and/or additional insignificant extra-solution activity, without anything more significant to establish eligibility under 35 U.S.C. 101.
Step 2A-2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using 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 - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 clearly do not improve the functioning of a computer, as they only incorporate generic computing elements, do not effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Similarly, there is no improvement to a technical field. In addition the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way. The claimed invention does not suggest improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05 (a)).
This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (MPEP 2106.05 (h)). The claimed computer components are recited at a level of generality and are merely invoked as tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of “a gesture input device, a processor circuit, a memory”, etc. used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility. These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer,’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
Further, the claims would require structure that is beyond generic, such as structure that can be interpreted analogous to a general purpose structure and general purpose computing elements in that they represent well-understood, routine, conventional elements that do not add significantly more to the claims. See Alice Corp. v. CLS Bank International, 134 S. Ct. at 2358-59. The elements of a gesture input device, a processor circuit, and a memory are well known conventional devices used to electronically implement a game as evidence by U.S. 2024/0046735, which discloses that a conventional gaming machine comprises elements such as a gesture input device (¶2), a processor circuit (¶52, Fig. 2B), and a memory (¶52, Fig. 2B) to control the overall operation of the gaming machine. See Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018).
The dependent claims do not add “significantly more” for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provide additional limitations to further expand the abstract idea of the independent claims, without adding anything which would establish eligibility under 35 U.S.C. 101.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, 8-10, 12, 14-16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (US 2018/0043246).
In Regards to claim 1, Chang discloses:
a gaming device (¶22, computing device (e.g., gaming console)) comprising:
a gesture input device to detect gesture inputs performed by a user (¶18, ¶22, physical gesture input device 110 which monitors a user’s physical movement in three-dimensional space);
a processor circuit (¶48, Fig. 5, computing system 500 includes one or more processors 510, 515); and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions (¶48, Fig. 5, computing system 500 includes memory 520, 525 storing computer executable instructions) that, when executed by the processor circuit, cause the processor circuit to:
receive a first gesture input value from a first gesture input device and that corresponds to a user-specific gesture that the user performs (¶25, the user 130 performs a physical gesture);
associate the first gesture input value with a first gaming device operation to be performed by the gaming device (¶25-26, the received physical gesture is associated with a software application command);
receive the first gesture input value that is associated with the first gaming device operation (¶25-26, the user later performs the physical gesture);
responsive to receiving the first gesture input value that is associated with the first gaming device operation, cause the gaming device to perform the first gaming device operation (¶25-26, when the user later performs the gesture, the associated command is initiated);
provide, to the user, a game that prompts the user to provide the user-specific gesture as input to the gesture input device to train the device to associate the first gesture input value with the first gaming device operation (¶24, during video game set up process the software application prompts the user to perform a physical gesture to assign to an identified command);
wherein providing a personalized gesture training output further causes the processor circuit to provide, to the user, a sequence of gesture instructions that prompts the user to perform the user-specific gesture, wherein the sequence of instructions comprises the game that the user plays (¶40-41, the user is provided a game to play using the physical gestures).
In Regards to claim 14, Chang discloses that which is discussed above, and further discloses:
a system (¶22, computing device (e.g., gaming console)) comprising:
a gesture input device to detect a first gesture by a user of a gaming device and to generate a first gesture input value based on the first gesture (¶18, ¶22, physical gesture input device 110 which monitors a user’s physical movement in three-dimensional space);
processor circuit (¶48, Fig. 5, computing system 500 includes one or more processors 510, 515); and
a memory coupled to the processor circuit, the memory comprising machine-readable instructions (¶48, Fig. 5, computing system 500 includes memory 520, 525 storing computer executable instructions) that, when executed by the processor circuit, cause the processor circuit to:
receive the first gesture input value from the gesture input device, the first gesture input value corresponding to a user-specific gesture that the user performs and that is associated with a first gaming operation of the gaming device (¶25, the user 130 performs a physical gesture);
responsive to receiving the first gesture input value, cause the gaming device to perform the first gaming operation (¶25-26, when the user later performs the gesture, the associated command is initiated); and
provide, to the user, a calibration output that prompts the user to provide calibration inputs corresponding to the first gesture input value, wherein the calibration inputs comprise updates to the first gesture input value (¶45, the user is prompted to repeat the physical gesture one or more times to ensure the physical gesture is properly performed, wherein a default physical gesture is selected as the physical gesture is the user is unable to consistently perform the physical gesture); and
a data repository that comprises a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value, and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming operation (¶25-26, ¶58, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier),
wherein a first portion of the plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device (¶42-44, the system provides the user with default physical gesture inputs prior to the user configuring the physical inputs).
In Regards to claim 19, Chang discloses that which is discussed above, and further discloses:
detecting, by a gesture input device of a gaming device, a first gesture by a user of the gaming device (¶25, the user 130 performs a physical gesture);
generating, by the gesture input device, a first gesture input value based on the first gesture that is a user-specific gesture (¶18, ¶22, physical gesture input device 110 which monitors a user’s physical movement in three-dimensional space);
associating the first gesture input value with a first gaming device operation to be performed by the gaming device responsive to receiving the first gesture (¶25-26, the received physical gesture is associated with a software application command);
responsive to receiving the first gesture input value that is associated with the first gaming device operation, causing the gaming device to perform the first gaming device operation (¶25-26, when the user later performs the gesture, the associated command is initiated);
causing the first gesture input value, an identification of the first gaming device operation and user-specific data to be stored in a personalized gesture library that is accessible to other gaming devices (¶25-26, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier), wherein the personalized gesture library comprises a persistent store of the first gesture input value, an identification of the first gaming device operation and user-specific data (¶25-26, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier);
providing, to the user, a game that prompts the user to provide the user-specific gesture input to the gesture input device to train a system to associate the first gesture input value with the first gaming device operation (¶24, during video game set up process the software application prompts the user to perform a physical gesture to assign to an identified command); and
providing, to the user and after training occurs, a calibration output that prompts the user to provide calibration inputs corresponding to the first gesture input value, wherein the calibration inputs comprise updates to the first gesture input value, wherein a first portion of a plurality of gesture input values are interpreted to respective ones of different gesture input data formats prior to a request from the gaming device (¶45, the user is prompted to repeat the physical gesture one or more times to ensure the physical gesture is properly performed, wherein a default physical gesture is selected as the physical gesture is the user is unable to consistently perform the physical gesture).
In Regards to claim 3, Chang discloses that which is discussed above, and further discloses that:
the instructions further cause the processor circuit to generate a personalized gesture library that comprises a plurality of gesture input values that includes the first gesture input value and that are associated with respective ones of a plurality of gaming device operations that includes the first gaming device operation (¶25-26, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier).
In Regards to claim 4, Chang discloses that which is discussed above, and further discloses that:
the personalized gesture library comprises user identification data that is associated with corresponding ones of the plurality of gesture input values and the plurality of gaming device operations (¶25-26, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier).
In Regards to claim 5, Chang discloses that which is discussed above and further discloses that:
a hand motion is performed using a 3D gesture input sensor (¶18, ¶22, physical gesture input device 110 which monitors a user’s physical movement in three-dimensional space).
In Regards to claim 6, Chang discloses that which is discussed above, and further discloses that:
a hand motion is performed using an image capture device (¶18, ¶22, physical gesture input device 110 which monitors a user’s physical movement in three-dimensional space).
In Regards to claim 8, Chang discloses that which is discussed above, and further discloses that:
the instructions further cause the processor circuit to provide a personalized gesture training output to the user to prompt the user to perform the user-specific gesture that corresponds to the first gesture input value and the first gaming device operation that is associated with the first gesture input value (¶24, during video game set up process the software application prompts the user to perform a physical gesture to assign to an identified command).
In Regards to claim 9, Chang discloses that which is discussed above, and further discloses that: the instructions to provide the personalized gesture training output further cause the processor circuit to provide, to the user, suggested gestures to be the user-specific gesture (¶42-44, default physical gestures may be provided to the player for selection).
In Regards to claim 10, Chang discloses that which is discussed above, and further discloses that:
the user-specific gesture causes a data graphic to be modified to adjust a property of operation of the gaming device (¶41, for example operation of a video game command physical gesture causes a user’s avatar to fire a weapon).
In Regards to claim 12, Chang discloses that which is discussed above, and further discloses that:
the data graphic comprises an environmental property corresponding to the gaming device (¶41, the graphics of the gaming environment which is provided by the gaming device), and
the user-specific gesture comprises the first gesture input value that causes the environmental property to be modified (¶41, for example operation of a video game command physical gesture causes a user’s avatar to fire a weapon).
In Regards to claim 15, Chang discloses that which is discussed above, and further discloses that:
first gesture input device comprises an image capture device that is remotely located from the gaming device (Fig. 1A, reference character 110).
In Regards to claim 16, Chang discloses that which is discussed above, and further discloses that:
the gaming device comprises one of a plurality of gaming devices (¶42, physical gestures are received from multiple users using the same software application),
wherein responsive to receiving the first gesture input value, the instructions further cause the processing circuit to cause the plurality of gaming devices to each perform the first gaming operation (¶25-26, when a user later performs the gesture, the associated command is initiated, for example when each of the multiple users perform the gesture the associated command is initiated for that user).
In Regards to claim 18, Chang discloses that which is discussed above, and further discloses that:
the data repository is located remote from the gaming device (¶25-26, ¶58, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier, storage of physical gesture data may be via a cloud computing server),
wherein the first gesture input value is sent to the personalized gesture library (¶25-26, ¶58, physical gestures are stored in a configuration profile associated with the physical gestures, the associated commands, and a user identifier, storage of physical gesture data may be via a cloud computing server), and
wherein the first gaming operation that is associated with the first gesture input value is provided to the gaming device (¶25, the user 130 performs a physical gesture via physical gesture input device 110).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 7, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 2018/0043246) in view of Zhang et al (2011/0093820).
In Regards to claim 2, Chang discloses that which is discussed above, however, does not specifically disclose that:
a second portion of a plurality of gesture input values are interpreted to respective ones of different gesture input data formats in response to a request from the gaming device.
Zhang teaches that:
a personalized library further comprises different gesture input values corresponding to a user-specific gesture for each of different gesture input data formats (¶57, ¶74, the user’s gesture profile includes gesture information which is utilized in a format which is based on the computing environment configuration which is being utilized).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the gesture profiles as taught by Zang into the gaming system as taught by Chang in order to allow the user to configure the input in the manner that the user desires or in the manner which is most efficient for the user (Chang, ¶2).
In Regards to claim 7, Chang discloses that which is discussed above, however, does not specifically disclose that:
the instructions further cause the processor circuit to perform a user identification operation to determine an identity of the user, wherein performing the user identification operation comprises using the first gesture input value and receiving at least one other input corresponding to the user.
Zheng teaches:
a gesture-based game system (abstract), wherein a gesture profile is generated and stored for a user (¶3), wherein a user identification operation is performed to determine an identity of the user (¶55, the personalized gesture profile is activated by the user logging on to the gaming device), wherein the user identification operation comprises using the first gesture input value (¶56, identification of the user may be accomplished by recognition of a previous gesture), and receiving at least one other input corresponding to the user (¶29, for example a player accesses their personalized gesture profile with a first previous gesture and then performs the game and utilizes a second previous gesture).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the physical gesture profile as taught by Zhang into the system as taught by Chang in order to allow players to access their personalized gestures at a second location without requiring the system to relearn the personalized gestures (Zhang, ¶3)
In Regards to claim 20, Chang discloses that which is discussed above, and further discloses that:
the user-specific gesture comprises a hand motion that corresponds to a data graphic (¶25, for example the user can move the user’s right hand up and down to associate with a software command which causes a display of a specific action during gameplay).
However, Chang does not specifically disclose that:
a second portion of a plurality of gesture input values are interpreted to respective ones of different gesture input data formats in response to a request from the gaming device.
Zhang teaches that:
a personalized library further comprises different gesture input values corresponding to a user-specific gesture for each of different gesture input data formats (¶57, ¶74, the user’s gesture profile includes gesture information which is utilized in a format which is based on the computing environment configuration which is being utilized).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the gesture profiles as taught by Zang into the gaming system as taught by Chang in order to allow the user to configure the input in the manner that the user desires or in the manner which is most efficient for the user (Chang, ¶2).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 2018/0043246) in view of Stewart et al (US 2013/0273997).
In Regards to claim 11, Chang discloses that which is discussed above, however, does not specifically disclose that:
a data graphic comprises a pay table curve, wherein the property of operation of the gaming device comprises game volatility, or
the user-specific gesture comprises the first gesture input value that causes the game volatility to be modified.
Stewart teaches:
a gaming system which executes on a game console device (¶28), wherein a data graphic of the game comprises a pay table curve (¶67, dynamic pay-table displayed on the screen), wherein the property of operation of the gaming device comprises game volatility, and wherein the user-specific gesture comprises the first gesture input value that causes the game volatility to be modified (¶47, a player input may modify the volatility of the gaming device).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the video games and associated graphics as taught by Steward into the gaming system as taught by Chang in order to allow the user to configure the input in the manner that the user desires or in the manner which is most efficient for the user (Chang, ¶2).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 2018/0043246) in view of Wolff-Petersen et al (US 2013/0196765).
In Regards to claim 13, Chang discloses that which is discussed above, however, does not specifically disclose that:
the instructions that cause the processor circuit to receive the first gesture input value further cause the processor circuit to detect a plurality of gesture inputs that comprise multiple occurrences of a sequence of user-specific gestures, wherein, responsive to detecting the sequence of user-specific gestures, the processor circuit is further caused to provide a message to the user that comprises a suggestion to define the sequence of user-specific gestures as a single gesture.
Wolff-Petersen teaches:
instructions that cause the processor circuit to receive the first gesture input value further cause the processor circuit to detect a plurality of gesture inputs that comprise multiple occurrences of a sequence of user-specific gestures, and responsive to detecting the sequence of user specific gestures, the processor circuit is further caused to provide a message to the user that comprises a suggestion to define the sequence of user-specific gestures as a single gesture (¶49, the AMS application can determine that a key combination can be reassigned to a macro and can suggest creating the macro).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the macro creation as taught by Wolff-Petersen into the gaming system as taught by Chang in order to allow the user to configure the input in the manner that the user desires or in the manner which is most efficient for the user (Chang, ¶2).
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Applicant is directed to the attached "Notice of References Cited" for additional relevant prior art. The Examiner respectfully requests the Applicant to fully review each reference as potentially teaching all or part of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
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/Jason Pinheiro/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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