Detailed Action
Double Patenting
The nonstatutory double patenting rejection is summarized as follows:
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 obviousness-type 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), and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of US 12,168,180 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and the application are claiming common subject matter, as follows:
18/960,393 (This application)
US 12,168,180 B2
1. A system configured to facilitate providing an individualized experience of offers for in-game resources that varies for users of an online game, the offers being presented using client computing platforms, wherein participation of the users in the online game is facilitated by executing actions in an instance of the online game, wherein the client computing platforms are networked through an electronic communication network, wherein the users include a first user and a second user, the system comprising: one or more physical processors configured by machine-readable instructions to: automatically determine, by the one or more physical processors, a first user metric that quantifies one or more aspects of the first user's participation within the online game; computing platform is associated with the first user, wherein the first user interface depicts user-selectable graphical user interface elements representing offers to obtain in-game resources, representing a first offer for a first set of one or more items, wherein the first set is determined based on the first user metric, second user-selectable graphical user interface
1. A system configured to facilitate providing an individualized experience of offers for in-game resources that varies for users of an online game, the offers being presented using client computing platforms, wherein participation of the users in the online game is facilitated by executing actions in an instance of the online game, wherein the client computing platforms are networked through an electronic communication network, wherein the users include a first user and a second user, the system comprising: one or more physical processors configured by machine-readable instructions to: automatically determine, by the one or more physical processors, a first user metric that quantifies one or more aspects of the first user's participation within the online game; automatically present to the first user, by the one or more physical processors, a first user interface on a first client computing platform, wherein the first client computing platform is associated with the first user, wherein the first user interface depicts user-selectable graphical user interface elements representing offers to obtain in-game resources, wherein the client computing platforms are networked through an electronic communication network, wherein the user-selectable graphical user interface elements include a first user-selectable graphical user interface element configured to be selected by the first user, wherein the offers include a first offer for a first set of one or more items, wherein the first set is determined based on the first user metric, and wherein the first user-selectable graphical user interface element corresponds to the first offer; automatically determine, by the one or more physical processors, a second user metric that quantifies one or more aspects of the second user's participation within the online game; and automatically present to the second user, by the one or more physical processors, a second user interface on a second client computing platform, wherein the second client computing platform is associated with the second user, wherein the second user interface depicts one or more user-selectable graphical user interface elements representing a second offer for the second user to obtain a second set of one or more items, wherein the second set is determined based on the second user metric, wherein, responsive to the first user metric being different than the second user metric, the first set is different than the second set, wherein the one or more user-selectable graphical user interface elements depicted in the second user interface are configured to be selected by the second user, and wherein the one or more user-selectable graphical user interface elements depicted in the second user interface correspond to the second offer.
2. The system of claim 1, wherein the one or more physical processors are further configured to: perform one or more transactions to complete the first offer and the second offer, such that the first set of one or more items is added to a first inventory associated with the first user, and further such that the second set of one or more items is added to a second inventory associated with the second user.
2. The system of claim 1, wherein the one or more physical processors are further configured to: perform one or more transactions to complete the first offer and the second offer, such that the first set of one or more items is added to a first inventory associated with the first user, and further such that the second set of one or more items is added to a second inventory associated with the second user.
3. The system of claim 1, wherein the first user metric is related to at least one of: (i) progress of the first user within the online game, (ii) a power level of the first user within the online game, (iii) a skill level of the first user within the online game, (iv) a level of virtual technology advancement of the first user within the online game, and/or (v) a success of the first user within the online game, and wherein the second user metric is related to at least one of: (i) progress of the second user within the online game, (ii) a power level of the second user within the online game, (iii) a skill level of the second user within the online game, (iv) a level of virtual technology advancement of the second user within the online game, and/or (v) a success of the second user within the online game.
3. The system of claim 1, wherein the first user metric is related to at least one of: (i) progress of the first user within the online game, (ii) a power level of the first user within the online game, (iii) a skill level of the first user within the online game, (iv) a level of virtual technology advancement of the first user within the online game, and/or (v) a success of the first user within the online game, and wherein the second user metric is related to at least one of: (i) progress of the second user within the online game, (ii) a power level of the second user within the online game, (iii) a skill level of the second user within the online game, (iv) a level of virtual technology advancement of the second user within the online game, and/or (v) a success of the second user within the online game.
4. The system of claim 1, wherein the first user metric quantifies a same aspect as the second user metric.
4. The system of claim 1, wherein the first user metric quantifies a same aspect as the second user metric.
6. The system of claim 1, wherein a first inventory is associated with the first user, wherein the one or more physical processors are further configured such that the first user metric is determined based on at least one of: resources in the first inventory, items in the first inventory, quests completed, alliances joined, and/or levels completed.
6. The system of claim 1, wherein a first inventory is associated with the first user, wherein the one or more physical processors are further configured such that the first user metric is determined based on at least one of: resources in the first inventory, items in the first inventory, quests completed, alliances joined, and/or levels completed.
12. The method of claim 6, further comprising: performing one or more transactions to complete the first offer and the second offer, such that the first set of one or more items is added to a first inventory associated with the first user, and further such that the second set of one or more items is added to a second inventory associated with the second user.
7. The method of claim 11, further comprising: performing one or more transactions to complete the first offer and the second offer, such that the first set of one or more items is added to a first inventory associated with the first user, and further such that the second set of one or more items is added to a second inventory associated with the second user.
13. The method of claim 6, wherein the first user metric is related to at least one of: (i) progress of the first user within the online game, (ii) a power level of the first user within the online game, (iii) a skill level of the first user within the online game, (iv) a level of virtual technology advancement of the first user within the online game, and/or (v) a success of the first user within the online game, and wherein the second user metric is related to at least one of: (i) progress of the second user within the online game, (ii) a power level of the second user within the online game, (iii) a skill level of the second user within the online game, (iv) a level of virtual technology advancement of the second user within the online game, and/or (v) a success of the second user within the online game.
8. The method of claim 11, wherein the first user metric is related to at least one of: (i) progress of the first user within the online game, (ii) a power level of the first user within the online game, (iii) a skill level of the first user within the online game, (iv) a level of virtual technology advancement of the first user within the online game, and/or (v) a success of the first user within the online game, and wherein the second user metric is related to at least one of: (i) progress of the second user within the online game, (ii) a power level of the second user within the online game, (iii) a skill level of the second user within the online game, (iv) a level of virtual technology advancement of the second user within the online game, and/or (v) a success of the second user within the online game.
14. The method of claim 11, wherein the first user metric quantifies a same aspect as the second user metric.
9. The method of claim 11, wherein the first user metric quantifies a same aspect as the second user metric.
6. A computer implemented method for providing an individualized experience of offers for in-game resources that varies for users of an online game, the offers being presented using client computing platforms, wherein participation of the users in the online game is facilitated by executing actions in an instance of the online game, wherein the client computing platforms are networked through an electronic communication network, wherein the users include a first user and a second user, the system comprising: one or more physical processors configured by machine-readable instructions to: automatically determine, by the one or more physical processors, a first user metric that quantifies one or more aspects of the first user's participation within the online game; representing a first offer for a first set of one or more items, wherein the first set is determined based on the first user metric, second user-selectable graphical user interface
11. A computer implemented method for providing an individualized experience of offers for in-game resources that varies for users of an online game, the offers being presented using client computing platforms, wherein participation of the users in the online game is facilitated by executing actions in an instance of the online game, wherein the client computing platforms are networked through an electronic communication network, wherein the users include a first user and a second user, the system comprising: one or more physical processors configured by machine-readable instructions to: automatically determine, by the one or more physical processors, a first user metric that quantifies one or more aspects of the first user's participation within the online game; automatically present to the first user, by the one or more physical processors, a first user interface on a first client computing platform, wherein the first client computing platform is associated with the first user, wherein the first user interface depicts user-selectable graphical user interface elements representing offers to obtain in-game resources, wherein the client computing platforms are networked through an electronic communication network, wherein the user-selectable graphical user interface elements include a first user-selectable graphical user interface element configured to be selected by the first user, wherein the offers include a first offer for a first set of one or more items, wherein the first set is determined based on the first user metric, and wherein the first user-selectable graphical user interface element corresponds to the first offer; automatically determine, by the one or more physical processors, a second user metric that quantifies one or more aspects of the second user's participation within the online game; and automatically present to the second user, by the one or more physical processors, a second user interface on a second client computing platform, wherein the second client computing platform is associated with the second user, wherein the second user interface depicts one or more user-selectable graphical user interface elements representing a second offer for the second user to obtain a second set of one or more items, wherein the second set is determined based on the second user metric, wherein, responsive to the first user metric being different than the second user metric, the first set is different than the second set, wherein the one or more user-selectable graphical user interface elements depicted in the second user interface are configured to be selected by the second user, and wherein the one or more user-selectable graphical user interface elements depicted in the second user interface correspond to the second offer.
Allowable Subject Matter
Claims 1-20 would be allowable if appropriate action is taken to overcome the rejection under the nonstatutory double-patenting doctrine set forth in this Office action.
Conclusion
The prior art considered pertinent to applicant's disclosure and not relied upon is made of record on the attached PTO-892 form.
Valz (US 20080154798 A1) discloses pricing digital content modules.
Cheng (US 20090247282 A1) discloses pricing offers to game players.
Walker et al (US 20120231891 A1) discloses pricing virtual goods.
Leydon et al (US 20120289330 A1) discloses incentivizing game play with virtual goods rewards.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715
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