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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 1-9 are pending in this Office Action.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 9 is objected to because of the following informalities:
In claim 9, the Examiner recommends to replace the comma with a semicolon at lines 6, 7, and 9 to improve from.
Claim Rejections - 35 USC § 112
Claims 4-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 4 recites the limitation “the remaining player characters constituting the team”. There is insufficient antecedent basis for this limitation in the claim. Further, it is not clear which player characters are “the remaining player characters” or how these characters constitute the team. Therefore, it is not clear what the scope of the claim is.
Claims 5 and 6 each recite “the set costumes of the identified player character”. This limitation does not appear to have sufficient antecedent basis in the claim because claim 1 recites “a player character whose set costume”, but does not recite that the character has “set costumes”. It is not clear if Applicant intended to recite “the set costume of the identified player character”. Therefore, it is not clear what the scope of these claims are.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18/925,398 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-9 are anticipated by the co-pending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application #18/927,515
Application #18/925,398
1. A non-transitory computer readable recording medium storing instructions for executing a multiplayer game, the instructions causing a computer to execute: setting a costume for two or more of a plurality of player characters, wherein the costume is selected by a player from among a plurality of costumes owned by the player; matching up the player characters whose costumes have been set; identifying, from among the matched up player characters, a player character whose set costume has a lower value than a predetermined value; and
giving a special reward to the player in response to a play evaluation of the player associated with the identified player character satisfying a game condition.
1. A non-transitory computer readable recording medium storing instructions for executing a multiplayer game, the instructions causing a computer to execute: setting a costume for two or more of a plurality of player characters, wherein the costume is selected by a player from among a plurality of costumes owned by the player; matching up the player characters whose costumes have been set; identifying, from among the matched up player characters, a player character whose set costume has a lower value than a predetermined value; …
6. … giving a special reward to the player in response to a play evaluation of the player associated with the identified player character satisfying a game condition.
2. The non-transitory computer readable recording medium according to claim 1, wherein the costume lacks a parameter advantageous to the game.
2. The non-transitory computer readable recording medium according to claim 1, wherein the costume lacks a parameter advantageous to the game.
3. The non-transitory computer readable recording medium according to claim 2, wherein the game is a cooperative game in which the player characters constituting a team cooperate with each other, and the player characters constituting the team are matched up.
3. The non-transitory computer readable recording medium according to claim 2, wherein the game is a cooperative game in which the player characters constituting a team cooperate with each other, and the player characters constituting the team are matched up.
4. The non-transitory computer readable recording medium according to claim 3, wherein the predetermined value is an average value of the set costumes of the remaining player characters constituting the team.
4. The non-transitory computer readable recording medium according to claim 3, wherein the predetermined value is an average value of the set costumes of the remaining player characters constituting the team.
5. The non-transitory computer readable recording medium according to claim 1, wherein the special reward is a special costume with a higher value than the set costumes of the identified player character.
7. The non-transitory computer readable recording medium according to claim 6, wherein the special reward is the special costume.
1. … changing the set costume of the identified player character to a special costume having a higher value than the lower value of the set costume.
6. The non-transitory computer readable recording medium according to claim 1, wherein the special reward is a right to purchase a special costume with a higher value than the set costumes of the identified player character.
8. The non-transitory computer readable recording medium according to claim 6, wherein the special reward is a right to purchase the special costume.
1. … changing the set costume of the identified player character to a special costume having a higher value than the lower value of the set costume.
7. The non-transitory computer readable recording medium according to claim 6, wherein the special reward is the right to purchase the special costume at a lower purchase price than usual.
9. The non-transitory computer readable recording medium according to claim 8, wherein the special reward is the right to purchase the special costume at a lower price than usual.
8. The non-transitory computer readable recording medium according to claim 1, wherein the special reward is given to the player in response to the player associated with the identified player character being a paying player during a specific period.
10. The non-transitory computer readable recording medium according to claim 6, wherein when determining that the player associated with the identified player character is a paying player during a specific period, the computer gives the special reward to the player.
9. An information processing device that executes a multiplayer game, the information processing device comprising: a central processing unit (CPU) that: sets a costume for two or more of a plurality of player characters, wherein the costume is selected by a player from among a plurality of costumes owned by the player, matches up the player characters whose costumes have been set, identifies, from among the matched up player characters, a player character whose set costume has a lower value than a predetermined value, and gives a special reward to the player in response to a play evaluation of the player associated with the identified player character satisfying a game condition.
1. A non-transitory computer readable recording medium storing instructions for executing a multiplayer game, the instructions causing a computer to execute: setting a costume for two or more of a plurality of player characters, wherein the costume is selected by a player from among a plurality of costumes owned by the player; matching up the player characters whose costumes have been set; identifying, from among the matched up player characters, a player character whose set costume has a lower value than a predetermined value; …
6. … giving a special reward to the player in response to a play evaluation of the player associated with the identified player character satisfying a game condition.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jarrett et al. (US 2021/0322876).
Regarding claims 1 and 9, Jarrett teaches: A non-transitory computer readable recording medium storing instructions and an information processing device for executing a multiplayer game [a computer game including a team run (abstract, par. 721 and 816)], the instructions causing a computer to execute:
setting a costume for two or more of a plurality of player characters, wherein the costume is selected by a player from among a plurality of costumes owned by the player [players can select a costume from their owned costumes (par. 962-1006, Fig. 22A-22D)]
matching up the player characters whose costumes have been set [characters are formed into a team including their current costumes (par. 831-832, Fig. 32)]
identifying, from among the matched up player characters, a player character whose set costume has a lower value than a predetermined value [team members may be identified by information about each member and their costume (par. 831-832, Fig. 32). Costumes may have different values, such as different rarities or differing amounts of bonus that are less than known values. For example, the player may set a costume with a 40% nitro type bonus, which is less than 100% (par. 964-1005)] and
giving a special reward to the player in response to a play evaluation of the player associated with the identified player character satisfying a game condition [if the player completes a game condition, they may be rewarded with a costume bonus or a special costume (par. 1004-1006)].
Regarding claim 2, Jarrett teaches the non-transitory computer readable recording medium according to claim 1; Jarrett further teaches: the costume lacks a parameter advantageous to the game [a costume may provide one or more bonus or no bonus at all (par. 964 and 977)].
Regarding claim 3, Jarrett teaches the non-transitory computer readable recording medium according to claim 2; Jarrett further teaches: the game is a cooperative game in which the player characters constituting a team cooperate with each other, and the player characters constituting the team are matched up [the players are matched according to which team or clan they are on (par. 721-726 and 814-817)].
Regarding claim 5, Jarrett teaches the non-transitory computer readable recording medium according to claim 1; Jarrett further teaches: the special reward is a special costume with a higher value than the set costumes of the identified player character [the costume may be provided after the player completes some criteria in the game (par. 1006). Costumes have different values, such as different rarities or differing amounts of bonus that are less than known values. Therefore, the costume may be higher rarity or higher bonus than the player’s set costume (par. 964-1005)].
Regarding claim 6, Jarrett teaches the non-transitory computer readable recording medium according to claim 1; Jarrett further teaches: the special reward is a right to purchase a special costume with a higher value than the set costumes of the identified player character [the costume may be provided after the player completes some criteria in the game and/or by buying them in the game store through an offer (par. 1006). Costumes have different values, such as different rarities or differing amounts of bonus that are less than known values. Therefore, the costume may be higher rarity or higher bonus than the player’s set costume (par. 964-1005)].
Regarding claim 8, Jarrett teaches the non-transitory computer readable recording medium according to claim 1; Jarrett further teaches: the special reward is given to the player in response to the player associated with the identified player character being a paying player during a specific period [the player may obtain the costume by being a paying player, such as by buying the costume in the in-game store or buying it through an offer, during the period they are for sale in the store (par. 990 and 1006)].
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jarrett et al. (US 2021/0322876) in view of Ochi et al. (JP 2019-058757).
Regarding claim 7, Jarrett teaches the non-transitory computer readable recording medium according to claim 6; Jarrett does not explicitly disclose: the special reward is the right to purchase the special costume at a lower purchase price than usual.
Ochi teaches: the special reward is the right to purchase the special costume at a lower purchase price than usual [giving the user a bonus item, such as discounting an item after satisfying the achievement condition, by reducing the amount of virtual currency required to acquire the item (page 10)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Jarrett and Ochi before the effective filing date of the claimed invention to modify the non-transitory computer readable recording medium of Jarrett by incorporating the teaching of Ochi, such that the special reward is the right to purchase the special costume at a lower purchase price than usual. The motivation for doing so would have been to provide a benefit or privilege to the user in a situation where the usual purchase amount of the item is high (Ochi – page 9-10). Therefore, it would have been obvious to combine the teachings of Jarrett and Ochi to obtain the invention as specified in the instant claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Boyd whose telephone number is (571) 270-0676. The examiner can normally be reached Monday - Friday 9am-5pm PST.
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/ALEXANDER BOYD/ Examiner, Art Unit 2424
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