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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/20/24 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant's claim for domestic priority benefit of Provisional Application no 62/571148, filed 10/11/17, is acknowledged.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. This application discloses and claims only subject matter disclosed in prior application no 16/846268, filed 4/10/20, prior application no 18/381128, filed 10/17/23, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
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 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 1-20 of U.S. Patent No. 11826653 and 12208333. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are merely broader in scope than that of U.S. Patent No. 11826653 and 12208333. Therefore, U.S. Patent No. 11826653 and 12208333 “invention” meets the limitations of the instant application.
Instant Application
U.S. Patent No. 11826653
U.S. Patent No. 12208333
1. A method for configuring a video game, the method comprising: receiving, by one or more processors, multi-parameter data from a plurality of client devices of a user group playing a video game; dividing, by the one or more processors, the plurality of client devices into one or more cohorts; detecting, by the one or more processors, an association between the multi-parameter data and at least one defined metric measuring a use of the video game for each of the one or more cohorts; selecting, by the one or more processors, at least one cohort of the one or more cohorts based on the association; and configuring, by the one or more processors, at least one parameter corresponding to the video game for the plurality of client devices of the at least one cohort.
1. A method for configuring a flexible video game, the method comprising: receiving, by one or more processors, multi-parameter data including at least game play data and device-level data from a plurality of clients playing a video game, wherein the device-level data comprises data objects indicating a physical state of a client device independent of any higher-level application for each of the plurality of clients; detecting, by the one or more processors, a statistically significant association between the multi-parameter data and a defined metric measuring use of the video game, using a machine-learning algorithm; predicting, by one or more processors, an effect of changing one or more video game parameters on the defined metric, based on the statistically significant association; and configuring, by one or more processors, the video game after initial publication thereof to improve the defined metric, based on the predicting; wherein the configuring comprises at least one of communicating updated data to an instance of the video game executable operating on a client device, automatically altering source code of the video game, or modifying a library of script modules.
3. further comprising associating, by one or more processors, records of the multi-parameter data with individual users, based on sources of the records.
5. further comprising dividing, by one or more processors, a user group corresponding to the plurality of clients into cohorts at least in part based on random selection or quasi-random selection, detecting, by one or more processors, the statistically significant association separately for each of the cohorts, and selecting, by one or more processors, one or more of the cohorts at least in part based on utility of the statistically significant association for the predicting.
8. wherein configuring the video game comprises automatically altering the one or more video game parameters in source code, producing a reconfigured video game executable by compiling the source code after the altering, and distributing the reconfigured video game executable to the plurality of clients.
1. A method for configuring a video game, the method comprising: detecting, by one or more processors, an association between (i) multi-parameter data comprising game play data and device-level data and (ii) a defined metric measuring use of the video game, wherein the device-level data comprises data objects indicating a physical state of a client device independent of any higher-level application; predicting, by the one or more processors and based on the association, an effect of changing one or more video game parameters on the defined metric; and configuring, by the one or more processors, the video game after initial publication thereof to improve the defined metric, based on the predicting.
5. wherein the device-level data is associated with a plurality of clients playing the video game, the method further comprising: dividing, by the one or more processors, device-level data into cohorts, the dividing based on a level of similarity between clients; detecting, by the one or more processors, the association separately for each of the cohorts; and selecting, by the one or more processors, one or more of the cohorts at least in part based on a utility of the association.
10. A system for configuring a video game, comprising: a processor, a non-transitory computer-readable medium coupled to the processor, wherein the non-transitory computer-readable medium comprises instructions that when executed by the processor, cause the processor to perform operations comprising: receiving, by one or more processors, multi-parameter data from a plurality of client devices of a user group playing a video game; dividing, by the one or more processors, the plurality of client devices into one or more cohorts; detecting, by the one or more processors, an association between the multi-parameter data and at least one defined metric measuring a use of the video game for each of the one or more cohorts; selecting, by the one or more processors, at least one cohort of the one or more cohorts based on the association; and configuring, by the one or more processors, at least one parameter corresponding to the video game for the plurality of client devices of the at least one cohort.
19. An apparatus for configuring a flexible video game, comprising: a processor, a memory coupled to the processor, and a stereoscopic display device coupled to the processor, wherein the memory holds instructions that when executed by the processor, cause the apparatus to perform: receiving multi-parameter data including at least game play data and device-level data from a plurality of clients playing a video game, wherein the device- level data comprises data objects indicating a physical state of a client device independent of any higher-level application the plurality of clients; detecting a statistically significant association between the multi- parameter data and a defined metric measuring use of the video game, using a machine-learning algorithm; predicting an effect of changing one or more video game parameters on the defined metric, based on the statistically significant association; and configuring the video game after initial publication thereof to improve the defined metric, based on the predicting; wherein the configuring comprises at least one of communicating updated data to an instance of the video game executable operating on a client device, automatically altering source code of the video game, or modifying a library of script modules.
3. further comprising associating, by one or more processors, records of the multi-parameter data with individual users, based on sources of the records.
5. further comprising dividing, by one or more processors, a user group corresponding to the plurality of clients into cohorts at least in part based on random selection or quasi-random selection, detecting, by one or more processors, the statistically significant association separately for each of the cohorts, and selecting, by one or more processors, one or more of the cohorts at least in part based on utility of the statistically significant association for the predicting.
8. wherein configuring the video game comprises automatically altering the one or more video game parameters in source code, producing a reconfigured video game executable by compiling the source code after the altering, and distributing the reconfigured video game executable to the plurality of clients.
8. A system for configuring a flexible video game, comprising: a processor, a non-transitory computer-readable medium coupled to the processor, wherein the non-transitory computer-readable medium comprises instructions that when executed by the processor, cause the processor to perform operations comprising: detecting, by one or more processors, an association between (i) multi-parameter data comprising game play data and device-level data and (ii) a defined metric measuring use of a video game, wherein the device-level data comprises data objects indicating a physical state of a client device independent of any higher-level application; predicting, by the one or more processors and based on the association, an effect of changing one or more video game parameters on the defined metric; and configuring, by the one or more processors, the video game after initial publication thereof to improve the defined metric, based on the predicting.
12. wherein the device-level data is associated with a plurality of clients playing the video game, wherein when executed by the processor, the instructions cause the processor to perform operations comprising: dividing, by the one or more processors, device-level data into cohorts, the dividing based on a level of similarity between clients; detecting, by the one or more processors, the association separately for each of the cohorts; and selecting, by the one or more processors, one or more of the cohorts at least in part based on a utility of the association.
17. A non-transitory computer readable medium having program instructions stored thereon, wherein when executed by a processor, cause the processor to perform operations comprising: receiving, by one or more processors, multi-parameter data from a plurality of client devices of a user group playing a video game; dividing, by the one or more processors, the plurality of client devices into one or more cohorts; detecting, by the one or more processors, an association between the multi-parameter data and at least one defined metric measuring a use of the video game for each of the one or more cohorts; selecting, by the one or more processors, at least one cohort of the one or more cohorts based on the association; and configuring, by the one or more processors, at least one parameter corresponding to the video game for the plurality of client devices of the at least one cohort.
20. An apparatus for configuring a flexible video game, comprising: means for receiving multi-parameter data including at least game play data and device-level data from a plurality of clients playing a video game, wherein the device-level data comprises data objects indicating a physical state of a client device independent of any higher-level application for each of the plurality of clients; means for detecting a statistically significant association between the multi-parameter data and a defined metric measuring use of the video game, using a machine-learning algorithm; means for predicting an effect of changing one or more video game parameters on the defined metric, based on the statistically significant association; and means for configuring the video game after initial publication thereof to improve the defined metric, based on the predicting; wherein the configuring comprises at least one of communicating updated data to an instance of the video game executable operating on a client device, automatically altering source code of the video game, or modifying a library of script modules.
3. further comprising associating, by one or more processors, records of the multi-parameter data with individual users, based on sources of the records.
5. further comprising dividing, by one or more processors, a user group corresponding to the plurality of clients into cohorts at least in part based on random selection or quasi-random selection, detecting, by one or more processors, the statistically significant association separately for each of the cohorts, and selecting, by one or more processors, one or more of the cohorts at least in part based on utility of the statistically significant association for the predicting.
8. wherein configuring the video game comprises automatically altering the one or more video game parameters in source code, producing a reconfigured video game executable by compiling the source code after the altering, and distributing the reconfigured video game executable to the plurality of clients.
15. A non-transitory computer readable medium having program instructions stored thereon, wherein when executed by a processor, cause the processor to perform operations comprising: detecting, by one or more processors, an association between (i) multi-parameter data comprising game play data and device-level data and (ii) a defined metric measuring use of a video game, wherein the device-level data comprises data objects indicating a physical state of a client device independent of any higher-level application; predicting, by the one or more processors and based on the association, an effect of changing one or more video game parameters on the defined metric; and configuring, by the one or more processors, the video game after initial publication thereof to improve the defined metric, based on the predicting.
19. wherein the device-level data is associated with a plurality of clients playing the video game, wherein when executed by a processor, the instructions cause the processor to perform operations comprising: dividing, by the one or more processors, device-level data into cohorts, the dividing based on a level of similarity between clients; detecting, by the one or more processors, the association separately for each of the cohorts; and selecting, by the one or more processors, one or more of the cohorts at least in part based on a utility of the association.
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.
In the instant application, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1-20 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1, 10, 17,
Prong 1 analysis:
The limitations of “receiving multi-parameter data from a plurality of client devices of a user group playing a video game; dividing the plurality of client devices into one or more cohorts; detecting an association between the multi-parameter data and at least one defined metric measuring a use of the video game for each of the one or more cohorts; selecting at least one cohort of the one or more cohorts based on the association; and configuring at least one parameter corresponding to the video game for the plurality of client devices of the at least one cohort”, are considered to fall within the mental processes grouping. The recited limitations, as drafted, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting generic computer elements, nothing in the claim element precludes the step from practically being performed in the mind.
Furthermore, dependent claims 2-9, 11-16, 18-20 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “one or more processors, a non-transitory computer-readable medium coupled to the processor, wherein the non-transitory computer-readable medium comprises instructions that when executed by the processor”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Graham teaches the recited additional elements (Fig 2-4, ¶¶0038, 0041-0045).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1-20, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, claim(s) 1-20 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON TAHAI YEN whose telephone number is (571)270-1777. The examiner can normally be reached on Mon - Fri 7am- 3pm PST.
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 on 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON T YEN/Primary Examiner, Art Unit 3715
Prosecution Insights