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 .
Specification
No Brief Summary of the invention. Though not required it is recommended to include a brief summary describing the invention.
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 mental process without significantly more. As per steps 1 examiner recognizes that claims 11-20 recite apparatus or non-transitory medium on an apparatus performing the method steps. Therefore step 1 is met for claims 11-20. As per claims 1-10 examiner finds that the method claim recites computer assisted but does not recite machine elements performing the method claim steps. Computer assisted can still be directed towards mental functions of a user using a computer to assist them and it is unclear what steps are performed mentally or by a computer. Therefore step 1 is not met for claims 1-10. As per step 2A the claim(s) recite(s) “generating, for a battle of a turn-based chess game comprising a first-level store selling chess pieces used in the turn-based chess game and a second-level store selling chess pieces used in the turn-based chess game, a first store interface of the first-level store, wherein the first-level store corresponds to a first functional area combination and the second-level store corresponds to a second functional area combination, and wherein the first store interface displays the first functional area combination in an unlocked state, a difference between the second functional area combination and the first functional area combination in a locked state, and a prompt for upgrading the first-level store to unlock the difference; causing the first store interface to be output for display; generating a second store interface of the second-level store in response to receiving one or more user inputs resulting in an upgrade from the first-level store to the second-level store, the second store interface displaying the difference in the unlocked state; causing the second store interface to be output for display; receiving, via the second store interface, an operation to purchase a first chess piece; and causing to be output, for display and based on the receiving, the first chess piece in a chess piece candidate area of the battle of the turn-based chess game.” As being directed towards a battle chess game comprising pieces which are purchased from a store wherein the store is upgraded in order to modify whether or not only level one pieces are available or if level two would also be available. Further dependent claims indicate refresh probabilities for the store, further display steps, additional levels, and interfaces for purchasing another player’s pieces. Examiner recognizes that the claims are directed towards a series of rules with the battle chess game portion being directed generally to having pieces perform a battle on a playing field and rules for governing what is made available for use by a player via a store. Examiner finds that this reads on the mental steps of observation of a game state and a determination of what action to perform next based on established rules. For example as per the battle chess portion this reads on generally carrying out a game which can be done in the mind using established table top game rules for such games. For example commonly known games are chess which involves moving pieces without a computer to more complicated systems such as table top RPG like dungeon and dragons. Therefore a mental step is recited for the battle portion. As per the store these are directed towards rules of the game to govern what is made available and is another mental step commonly performed by gaming operators of a table top game without the aid of a computer. For example buying items in dungeon and dragon stores sold by a person running the game is known. Therefore what is made available and when is another rule that can be performed mentally as a determination step based on a state of a game. This judicial exception is not integrated into a practical application because the claims remain directed towards mental steps. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the rules are directed towards how to play a game and how units are made available for purchase which are rules for playing and not improvements to the function of a machine. For example what is made available in a store for play is a rule of play and does not modify the function of the machine beyond conventional methods of carrying out the game. No improvements to processing or memory requirements is recited for example.
As per step 2B examiner recognizes that limitation directed towards computer hardware and rendering of game characters and stores are directed towards the conventional feature of electronic video games. This includes the recitation of memory, processors, and displaying steps which are generically found in electronic gaming machine including the elements of the computer performing the steps of a game. See cited prior art Grand Mafia for the virtual store and cited prior art Ohashi at paragraph [0003] regarding conventional use of electronic games with maps for carrying out battles. As per the particular images and animations, such as governing how images are covered, this is directed towards the conventional step of outputting images in a computer game and extra solution activity regarding a theme of the game with the particular means of covering and uncovering being a theme for how this game is carried out. Therefore the steps of displaying and controlling of virtual objects and store is conventional to the art and do not provide significantly more.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6-7, 11-14, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Associates Facilities Guide The Grand Mafia Guide" (from www.appgamer.com)(11/25/2020)(hereinafter referred to as Grand Mafia) in view of Ohashi (US Pub. No. 2020/0061474 A1).
As per claims 1, 11, and 16, Grand Mafia teaches a game method, apparatus, and medium (page 1 and 7-8 shows a virtual game) comprising: generating, for a battle of a chess (examiner note: applicant’s disclosure shows that chess is used in terms of strategy and not the actual game of chess therefore examiner interprets the term chess as strategy. See Fig. 1 for example which shows characters on a grid layout but not chess pieces) game (page 1, paragraph [0001] “Sending out your Enforcers to attack in the city” teaches a game wherein characters battle other characters) comprising a first-level store selling chess pieces used in the game and a second-level store selling chess pieces used in the chess game (pages 1-8, Training Center “In order to get higher Tier associates. You can click the lock icon to see the upgrade requirements. One of the basics for unlocking is by getting the correct investment of crew through the Investment Center.” And “You can unlock up to Tier 4 Associates in the Investment Center, and then train them accordingly” with focus on drawings on pages 7-8 which shows a store which includes unlocked characters and locked characters (see greyed out with a lock over the character) with upgrading of shop functions unlocking the locked characters), a first store interface of the first-level store (pages 7-8 see character store with unlocked characters), wherein the first-level store corresponds to a first functional area combination and the second-level store corresponds to a second functional area combination (pages 7-8 which shows a store which includes unlocked characters and locked characters (see greyed out with a lock over the character)), and wherein the first store interface displays the first functional area combination in an unlocked state (pages 7-8 which shows a store which includes unlocked characters), a difference between the second functional area combination and the first functional area combination in a locked state (pages 7-8 which shows a store which includes unlocked characters and locked characters (see greyed out with a lock over the character)), and a prompt for upgrading the first-level store to unlock the difference (page 5, paragraph [0001] “In order to get higher Tier associates. You can click the lock icon to see the upgrade requirements.” Information is provided on click which informs a user how to upgrade the store to make available second level characters which acts in the form of a prompt); causing the first store interface to be output for display (pages 7-8); generating a second store interface of the second-level store in response to receiving one or more user inputs resulting in an upgrade from the first-level store to the second-level store, the second store interface displaying the difference in the unlocked state (pages 7-8 shows second tier as unlocked which is an example of second level units becoming available); causing the second store interface to be output for display (pages 7-8); receiving, via the second store interface, an operation to purchase a first chess piece (page 1, Training center and pages 7-8 players can hire characters with associated cost shown). Grand Mafia does not specifically teach a computer-assisted method using one or more processors and memory storing computer-readable instructions that when executed by the one or more processors, cause the apparatus performing the method to execute a battle of a turn-based chess game and causing to be output, for display and based on the receiving, the first chess piece in a chess piece candidate area of the battle of the turn-based chess game. However, Ohashi teaches a computer implement gaming method (abstract and paragraph [0007]) comprising a turn-based strategy game (paragraph [0067]) wherein characters are placed on a virtual field and moved to battle other characters (Figs. 4-7 and paragraphs [0068]-[0069] and [0071]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Grand Mafia with Ohashi, since the use of strategy turned based games with characters placed and battling on a grid is well-known and enjoyable type of game which combines elements of strategy, like chess, with the excitement of watching characters battle with each other.
As per claims 2, 12, and 17, Grand Mafia teaches a method, apparatus, and medium wherein: the first functional area combination comprises a first number of display positions, the second functional area combination comprises the first number of display positions and a second number of display positions, the difference comprises the second number of display positions, and the generating the second store interface comprises unlocking the second number of display positions on the first store interface to generate the second store interface of the second-level store (pages 7-8 which shows a store which includes unlocked characters and locked characters (see greyed out with a lock over the character)).
As per claims 3, 13, and 18, Grand Mafia teaches a method, apparatus, and medium wherein the unlocking comprises: based on a difference between the second functional area combination corresponding to the second-level store and a third functional area combination corresponding to a third-level store (Figs 7-8, see multiple tiers up to 4), unlocking the second number of display positions on the first store interface (Figs 7-8, see multiple tiers up to 4 with three shown as unlocked with tiers 2-3 would have been previously locked), and adding display of the difference between the second functional area combination and the third functional area combination (pages 7-8 see tiers indicated), wherein the first store interface further displays a prompt for upgrading the first-level store to unlock the difference between the second functional area combination and the third functional area combination (page 5, paragraph [0001] “In order to get higher Tier associates. You can click the lock icon to see the upgrade requirements.” Information is provided on click which informs a user how to upgrade the store to make available different locked tier characters which acts in the form of a prompt).
As per claims 4, 14, and 19, Grand Mafia teaches a method, apparatus, and medium wherein the method further comprises: based on the upgrade, causing to be output for display a refreshed first store interface (Figs. 7-8 as tiers become available they will be shown no longer locked).
As per claim 6, Grand Mafia teaches a method wherein before the causing to be output for display the second store interface, the method further comprises: highlighting the difference based on a determination that an upgrade progress of the upgrading reaches a first threshold (page 11, upgrade progress bar is displayed); or causing to be output for display an unlock progress bar in the difference indicating an upgrade progress of the upgrading (page 11, upgrade progress bar is displayed).
As per claim 7, Grand Mafia teaches a method wherein: the displaying a second number of display positions in a locked state comprises adding opaque masks to the second number of display positions to hide chess pieces displayed in the second number of display positions (Figs. 7-8, greyed out making locked characters more opaque), and the causing the second store interface to be output for display comprises: based on a determination that an upgrade progress of upgrading from the first-level store to the second-level store exceeds a second threshold, gradually modifying display of chess pieces in the second number of display positions by controlling opaqueness of the opaque masks to decrease with an increase of the upgrade progress (Figs. 7-8 as upgrades progress the opaqueness of the masks is modified by removing it from some of the characters in a gradual process. For example a certain opaqueness is achieved by having tiers 2-4 covered but this is reduced by gradually uncovering tiers as upgrade occurs); and based on a determination that the upgrade progress is complete, displaying chess pieces in the second number of display positions without the opaque masks (Figs. 7-8 when unlocked all characters are no longer covered).
Claim(s) 5, 8, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Associates Facilities Guide The Grand Mafia Guide" (from www.appgamer.com)(11/25/2020)(hereinafter referred to as Grand Mafia) and Ohashi (US Pub. No. 2020/0061474 A1) in view of "Heroes of Might and Magic II" by Kevin Jacobsen (07/02/2000)(hereinafter referred to as Heroes of Might and Magic).
As per claims 5, 15, and 20, Grand Mafia does not teach a method, apparatus, or medium wherein the method further comprises: generating the refreshed first store interface by refreshing, according to a first chess piece refresh probability corresponding to the first-level store, a chess piece sold by the first-level store; and generating a refreshed second store interface by refreshing, according to a second chess piece refresh probability corresponding to the second-level store, a chess piece sold by the second-level store, wherein an appearance probability of a first-grade chess piece based on the first chess piece refresh probability is lower than an appearance probability of the first-grade chess piece based on the second chess piece refresh probability, and wherein an appearance probability of a second-grade chess piece based on the first chess piece refresh probability is higher than an appearance probability of the second-grade chess piece based on the second chess piece refresh probability. However, Heroes of Might and Magic teaches a game comprising generating of units on a refresh rate set by a current building upgrade (pages 4-5 “C. Foundry Cost: 1,500 Gold + 5 Ore + 5 Wood Building Requirements: Habitat Growth: 4 Iron Golems per week D. Foundry Upgrade Cost: 1,500 Gold + 5 Mercury Building Requirements: Foundry, Well” and page 6 “Q. Well Cost: 500 Gold Effect: Increases creature production by 2 for each structure.” Which shows the production of certain buildings or upgrades of building modifies the rate, or chance, of a unit appearing each week of a certain amount. For example going from 4 Iron golems to 4 steel golems based on the upgrade). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Grand Mafia with Ohashi and Heroes of Might and Magic, since Grand Mafia is modifiable to use various game features including the feature of a certain number of units being made available on refresh, time basis such a the weekly feature of Heroes of Might and Magic, based on current upgrade level since this both encourages users to upgrade to achieve better units and better refresh rates and increases the users care for the units by limiting them to the refresh rate thereby enhancing the strategy element by making units not easy to replace. As per the use of a flat rate versus a percentage this is a design feature regarding how a developer wishes to implement when a unit refreshes and does not change the inventive concept of virtual store upgrades to have a percentage of units appearing or a flat rate since both are set by upgrading and a percentage is just another means to determine what appears.
As per claim 8, Grand Mafia does not teach a method wherein the method further comprises: in response to a store refresh operation, refreshing, according to a first chess piece refresh probability corresponding to the first-level store, chess pieces displayed in the first number of display positions; and refreshing, according to a second chess piece refresh probability corresponding to the second-level store, chess pieces displayed in the second number of display positions. However, Heroes of Might and Magic teaches a game comprising generating of units on a refresh rate set by a current building upgrade (pages 4-5 “C. Foundry Cost: 1,500 Gold + 5 Ore + 5 Wood Building Requirements: Habitat Growth: 4 Iron Golems per week D. Foundry Upgrade Cost: 1,500 Gold + 5 Mercury Building Requirements: Foundry, Well” and page 6 “Q. Well Cost: 500 Gold Effect: Increases creature production by 2 for each structure.” Which shows the production of certain buildings or upgrades of building modifies the rate, or chance, of a unit appearing each week of a certain amount. For example going from 4 Iron golems to 4 steel golems based on the upgrade). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Grand Mafia with Ohashi and Heroes of Might and Magic, since Grand Mafia is modifiable to use various game features including the feature of a certain number of units being made available on refresh, time basis such as the weekly feature of Heroes of Might and Magic, based on current upgrade level since this both encourages users to upgrade to achieve better units and better refresh rates and increases the users care for the units by limiting them to the refresh rate thereby enhancing the strategy element by making units not easy to replace. As per the use of a flat rate versus a percentage this is a design feature regarding how a developer wishes to implement when a unit refreshes and does not change the inventive concept of virtual store upgrades to have a percentage of units appearing or a flat rate since both are set by upgrading and a percentage is just another means to determine what appears.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Associates Facilities Guide The Grand Mafia Guide" (from www.appgamer.com)(11/25/2020)(hereinafter referred to as Grand Mafia) and Ohashi (US Pub. No. 2020/0061474 A1) in view of Condrey (US Pub. No. 2016/0158656 A1).
As per claim 9, Grand Mafia does not teach a method wherein at least one of the second number of display positions is associated with a store exchange card for sale, and the method further comprises: refreshing, in response to receiving an operation of purchasing the store exchange card, the second store interface to display a third store interface, wherein the third store interface is a store interface of an enemy user account and comprises second chess piece; and causing to be output for display the second chess piece in the chess piece candidate area of the turn-based chess game in response to receiving an operation of purchasing the second chess piece via the third store interface. However, Condrey teaches a multiplayer game (abstract) wherein a player is encouraged to buy an item used by an opponent when defeated by the opponent (paragraph [0089]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Grand Mafia with Ohashi and Condrey, since by providing a prompt, see Condrey, and store interface (if a game prompts to make a purchase providing the means to purchase in the same prompt would speed up the purchasing action) to allow a player to buy a character used by an opponent that defeated them the gaming operators encourage sales based on the frustration of a player losing at the time rather than waiting for later when the player may no longer be frustrated and unwilling to make a purchase.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Associates Facilities Guide The Grand Mafia Guide" (from www.appgamer.com)(11/25/2020)(hereinafter referred to as Grand Mafia) and Ohashi (US Pub. No. 2020/0061474 A1) in view of Condrey (US Pub. No. 2016/0158656 A1) and "Heroes of Might and Magic II" by Kevin Jacobsen (07/02/2000)(hereinafter referred to as Heroes of Might and Magic).
As per claim 10, Grand Mafia does not teach a method wherein the refreshing the second store interface to display a third store interface comprises: sending a store exchange request to a server, wherein the store exchange request comprises a request to exchange stores of two parties of the battle; receiving a store exchange instruction sent by the server, wherein the store exchange instruction comprises the third store interface of the enemy user account; and refreshing the second store interface to display the third store interface according to the store exchange instruction. However, Condrey teaches a multiplayer game (abstract) wherein a player is encouraged to buy an item used by an opponent when defeated by the opponent (paragraph [0089]) and Heroes of Might and Magic teaches a game comprising generating of units on a refresh rate set by a current building upgrade (pages 4-5 “C. Foundry Cost: 1,500 Gold + 5 Ore + 5 Wood Building Requirements: Habitat Growth: 4 Iron Golems per week D. Foundry Upgrade Cost: 1,500 Gold + 5 Mercury Building Requirements: Foundry, Well” and page 6 “Q. Well Cost: 500 Gold Effect: Increases creature production by 2 for each structure.” Which shows the production of certain buildings or upgrades of building modifies the rate, or chance, of a unit appearing each week of a certain amount. For example going from 4 Iron golems to 4 steel golems based on the upgrade). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Grand Mafia with Ohashi and Condrey, since by providing a prompt, see Condrey, and store interface (if a game prompts to make a purchase providing the means to purchase in the same prompt would speed up the purchasing action) to allow a player to buy a character used by an opponent that defeated them the gaming operators encourage sales based on the frustration of a player losing at the time rather than waiting for later when the player may no longer be frustrated and unwilling to make a purchase. Further Grand Mafia is modifiable to use various game features including the feature of a certain number of units being made available on refresh, time basis such as the weekly feature of Heroes of Might and Magic, based on current upgrade level since this both encourages users to upgrade to achieve better units and better refresh rates and increases the users care for the units by limiting them to the refresh rate thereby enhancing the strategy element by making units not easy to replace. As per the use of a flat rate versus a percentage this is a design feature regarding how a developer wishes to implement when a unit refreshes and does not change the inventive concept of virtual store upgrades to have a percentage of units appearing or a flat rate since both are set by upgrading and a percentage is just another means to determine what appears.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sakaguchi (US Pub. No. 2008/0125220 A1) teaches a virtual game comprising characters placed on a map in locations and moved.
Williams et al. (US Pub. No. 2017/0232335 A1) teaches a virtual store wherein a user can purchase upgrades for a virtual character.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 6/3/2026
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