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 .
Response to Arguments
Claims 1-20 are pending and the examiner agrees that the prior art doesn’t teach:
when the first virtual character moves in the virtual environment, move the message notification graphical element with the first virtual character such that the message notification graphical element remains at the target location that is relative to the location of the first virtual character; and in response to detecting a user input directed to the message notification graphical element, while the virtual environment is output for display, switch from the output of the message notification graphical element to output of content of the received message at the target location.
The examiner doesn’t agree that the 101 rejection has been overcome, because the applicant has amended claim 1 to recite: the outputting is performed by processing circuitry, however the receiving, outputting, moving and switching haven’t been amended as the outputting mentioned supra. Therefore, the examiner is maintaining the 101 rejection to claims 1-17.
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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because:
Claim 1 is directed to a method for previewing messages in a virtual environment comprising the steps of receiving, outputting, moving and switching which are nothing more than software instructions. Software instructions are non-statutory under 35 U.S.C. 101.
Claims 2-17 depend from claim 1 and comprise further steps, for example claims 2 comprises the steps of canceling and displaying, therefore claims 2-17 are rejected under the same rationale as claim 1.
Allowable Subject Matter
Claims 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 18, the prior art doesn’t teach:
processing circuitry configured to:
output for display a plurality of virtual characters in a virtual environment, each virtual character of the plurality of virtual characters being movable in the virtual environment;
receive a message associated with a first virtual character of the plurality of virtual characters;
when the message associated with the first virtual character is received output for display a message notification graphical element at a target location that is based on a location of the first virtual character in the virtual environment;
when the first virtual character moves in the virtual environment, move the message notification graphical element with the first virtual character such that the message notification graphical element remains at the target location that is relative to the location of the first virtual character;
and in response to detecting a user input directed to the message notification graphical element, while the virtual environment is output for display, switch from the output of the message notification graphical element to output of content of the received message at the target location.
Regarding claim 20, the prior art doesn’t teach:
outputting for display a plurality of virtual characters in a virtual environment, each virtual character of the plurality of virtual characters being movable in the virtual environment;
receiving a message associated with a first virtual character of the plurality of virtual characters;
when receiving the message associated with the first virtual character outputting for display a message notification graphical element at a target location that is based on a location of the first virtual character in the virtual environment;
when the first virtual character moves in the virtual environment, moving the message notification graphical element with the first virtual character such that the message notification graphical element remains at the target location that is relative to the location of the first virtual character; and
in response to detecting a user input directed to the message notification graphical element, while the virtual environment is output for display, switching from outputting the message notification graphical element for display to outputting content of the received message for display at the target location.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HARRISON (US2008/0215994A1) discloses
Abstract
Methods and systems for rendering an interactive virtual environment for communication is provided. The interactive virtual environment is depicted from images to be displayed on a display and the interactive virtual environment is generated by a computer program that is executed on at least one computer of a computer network system. The interactive virtual environment includes one or more virtual user avatars controlled by real-world users. The method further includes controlling a virtual user avatar to move about a virtual space and generating an interface for composing a message to be displayed as a virtual message within the virtual space. The virtual message is posted to an interactive space within the virtual space. The method further includes associating permissions to the virtual message, such that the permissions define which of the one more virtual user avatars are able to view the virtual message that is posted to the interactive space. The virtual message is one of a plurality of virtual message posted to the interactive space, and the permissions prevent viewing of the virtual message by virtual user avatars that do not have permission to view the virtual message. The permissions may be based on one of buddy lists, game familiarity relative to other real-world users, skill level of other real-world users, and combinations thereof. In some embodiments, the avatars can be computer controlled bots, thus not requiring a real-world user to dictate control.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
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