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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the adjustment” in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 2-4 depend from claim 1 and are therefore rejected on the same grounds.
Claim 5 recites the limitation “the adjustment” in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “the adjustment” in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuko Ando (US 20150157941 A1; hereinafter Ando) in view of Hearthstone (video game made by Blizzard Entertainment) as evidenced by Hearthstone Wiki (https://web.archive.org/web/20210325211224/https://hearthstone.fandom.com/wiki/Gameplay; hereinafter Hearthsone).
Claim 1, Ando discloses a non-transitory computer readable medium storing a program causing a computer to execute (“Provided is a computer-readable, non-transitory medium storing a computer program, wherein the computer program causes a computer executing a game, to execute a process” (recited in at least: Ando paragraph [0020])): processing for executing a first game including a first battle game against other players by using a game medium; processing for making the adjustment of the game medium executable in the first game processing for saving, in the case in which an ending condition for the first game is met, the game medium used in the first game as a usable game medium; (“a player executes a game provided by a server by using a portable device. The server executes a battle (fight) against an enemy character using a game content possessed by the player as an event in the provided game. The enemy character in the battle is a game content possessed by another player or a non-player character. The game content refers to electronic data used in a game and includes, for example, a card, an item, a character, and an avatar. Further, the game content is electronic data able to be retrieved, held, used, managed, replaced, synthesized, strengthened, sold, discarded, and/or donated in the game by a player according to the progress of the game, but a usage form of the game content is not limited to those expressed by the present specification” (recited in at least: Ando paragraph [0046]); “In this game, a battle point for executing a battle is provided for the player. The battle point is consumed every time a battle is executed, and when the battle point falls below a needed value for executing a battle, the battle cannot be executed. Every time a certain period of time elapses, the battle point is recovered by a predetermined value, and further, the battle point is also recovered by using a specific recovery item. In the game system of the present embodiment, it is also possible that the player executes setting so as to automatically recover the battle point by using a recovery item possessed by the player when the battle point falls below the needed value for executing a battle. Thereby, even when the battle point falls below the needed value for executing a battle, the player can continue the battle without an operation for recovering the battle point by using the specific recovery item and therefore, it is possible to maintain a continuing motivation of the player for the game” (recited in at least: Ando paragraph [0047])).
Ando does not explicitly disclose processing for executing a second game including a second battle game against a computer-controlled battle opponent by using the usable game medium.
Hearthstone teaches processing for executing a second game including a second battle game against a computer-controlled battle opponent by using the usable game medium. Page 9 of the attached NPL shows that users can play different modes and in one mode or a second game would allow users to go against a computer-controlled battle opponent and use their used decks that they have set together as explained on page 8 of the attached NPL.
It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have included the game modes of Hearthstone into the game of Ando for the added benefit of using preset or saved “used” objects in a game against a computer-controlled battle opponents for practice, auto farming materials or to not try different strategies and not ruin Elo or their rating system.
Claim 2, Ando in view of Hearthstone teach the claimed matter as stated above, and Hearthstone further teaches processing for determining ranking of a player on the basis of a result of the first battle game, wherein the processing for making the adjustment of the game medium executable is executable between the start and the end of the first battle game (“Players can choose to play Casual 'friendly' games, or take part in Ranked play, earning ranks and special rewards to reflect their skill and standing within the community” (recited in at least: page 9 of the attached NPL)). It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the ranking of a player changed on the results of a game battle and the use of the game mediums or decks or any in game object would be used between the start and the end of the game.
Claim 3, Ando in view of Hearthstone teach the claimed matter as stated above, and Ando further teaches wherein the usable game medium is usable only once (“As information on the recovery item, with respect to each type of recovery item, an item name of the recovery item, a possessed number, an automatically usable number, a used number, and the like are stored by being associated with each other. As information on the recovery point, a possessed value, an automatically usable value, a used value, and the like are stored. The recovery point is, for example, in-game currency, and a player can retrieve a recovery item by consuming the recovery point.” (recited in at least: Ando paragraph [0070])). A user using their recovery point which is considered an in game medium, it has been consumed thereby being used once.
Claim 4, Ando in view of Hearthstone teach the claimed matter as stated above, and Hearthstone further teaches wherein the processing for making the adjustment of the game medium executable makes it possible to perform at least one of changing the game medium to be used and changing a parameter of the game medium on the basis of an operation by the player (“During their turn, each player can choose to play any of their cards, use their Hero Power, command their minions to attack targets, or even have their hero attack directly if they have a weapon equipped” (recited in at least: Hearthstone page 3 of the attached NPL)).
Claim 5, Ando discloses an information processing method executed by at least one computer, wherein the at least one computer (“Provided is a computer-readable, non-transitory medium storing a computer program, wherein the computer program causes a computer executing a game, to execute a process” (recited in at least: Ando paragraph [0020])) executes: steps similar in scope to independent claim 1.
Claim 6, Ando discloses an information processing system including at least one computer, wherein the at least one computer (“Provided is a computer-readable, non-transitory medium storing a computer program, wherein the computer program causes a computer executing a game, to execute a process” (recited in at least: Ando paragraph [0020])) executes steps similar in scope to independent claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SELWA A ALSOMAIRY whose telephone number is (703)756-5323. The examiner can normally be reached M-F 7:30AM to 5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at (571) 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SELWA A ALSOMAIRY/Examiner, Art Unit 3715
/Jay Trent Liddle/Primary Examiner, Art Unit 3715
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