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 § 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.
1. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to story generation without significantly more. The claims 1, 8, and 12 recite steps of “a plurality of identification objects, each identifying a narrative element” (i.e., a data gathering step), at least one sensor to sense and distinguish between the identification objects, to determine selected identification objects by a user (i.e., a data analysis/evaluation step), a story generator to generate a story based on the narrative elements associated with the selected identification objects (i.e., a data analysis/evaluation step), a player to present the story (i.e., a post solutional step of generating output), corresponding to steps achievable by a human in manually/mentally identifying objects identifying characters, distinguishing among objects, generating a story and outputting the story, and as a result, correspond to the mental processes category of abstract ideas. This judicial exception is not integrated into a practical application because the claims are directed to an abstract idea with additional generic computer elements, where the generically recited computer elements (system, player, sensor, processor, memory, program product, readable medium) do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer; The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because steps “a story generator to generate a story based on the narrative elements associated with the selected identification objects” and “a player to present the story” correspond to well-understood, routine, conventional computer functions of generating and providing output (i.e. a post solutional activity) as recognized by the court decisions listed in MPEP § 2106.05 and as provided by reference Lewis (PTO 892 form).
The dependent claims also recite mental processes and do not add significantly more than the abstract idea and are as such similarly rejected.
2. Claims 19 is further rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because it recites “a computer program product comprising computer code embodied in a computer readable medium” i.e., it is directed to a signal per se (see MPEP § 2106, subsection I). The Broadest reasonable interpretation of a machine-readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). The rejection can be rectified by amending the claim to be directed to a “non-transitory computer readable medium”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
3. Claims 1-5, 8-14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis et al US 2015/0133023 A1 (“Lewis”)
Per claim 1, Lewis discloses an interactive story generation and presentation system comprising:
a plurality of identification objects, each identifying a narrative element (fig. 1A; fig. 1B; fig. 1D; Assembler device 101 also comprises one or more blocks 150 usable for specifying story elements (e.g., main character, plot, setting, theme, sidekick, adversary, objects or props, or other story attributes) …, para. [0031]; For example, a set of blocks could be associated with a movie, such as Disney's Toy Story, wherein one block is for specifying a main character of the story based on a selected block-face (e.g., Woody, Buzz, etc.) …, para. [0034]);
at least one sensor to sense and distinguish between the identification objects, to determine selected identification objects by a user (an embodiment of block-information identification component(s) 1018 determines that a particular block 150 is in receptacle 120 and further determines the orientation of the particular block 150, such as which side of the block is the top and facing out to the user …, para. [0042]-[0043]; block information comprises information usable for identifying a particular block, which can be used to differentiate one block, such as a main character block type, from another block type …, para. [0044]);
a story generator to generate a story based on the narrative elements associated with the selected identification objects (Continuing this example, story assembler 101 can determine via processor component 1014, the story cue information (Woody as main character) based on the block information determined by identification components 1018, thereby enabling the story cue information to be used for assembling a story …, para. [0043]);
a player to present the story (Based on the selection (and in some embodiments, the arrangement) of blocks inserted into the receptacle, the story assembler determines each of the story parts and assembles the parts into a story. The story can then be played back audibly (as sound) or audio-visually …, para. [0048]).
Per claim 2, Lewis discloses the system of claim 1, wherein the identification objects comprise cards encoded with data which the system can use to distinguish between cards (para. [0071]).
Per claim 3, Lewis discloses the system of claim 1, wherein the identification objects comprise figurines (fig. 1D).
Per claim 4, Lewis discloses the system of claim 1, wherein each identification object is marked, or shaped, with a representation of its associated narrative element (fig. 1D).
Per claim 5, Lewis discloses the system of claim 1, wherein the narrative elements comprise one or more of: characters, locations, acts, times, or types of story (fig. 1D).
Per claim 8, Lewis discloses an interactive story device, comprising:
at least one sensor to sense and distinguish between a plurality of identification objects, to determine selected identification objects by a user, wherein each identification object is associated with a different narrative element (an embodiment of block-information identification component(s) 1018 determines that a particular block 150 is in receptacle 120 and further determines the orientation of the particular block 150, such as which side of the block is the top and facing out to the user …, para. [0042]-[0043]; block information comprises information usable for identifying a particular block, which can be used to differentiate one block, such as a main character block type, from another block type …, para. [0044]);
a story generator to generate a story based on the narrative elements associated with the selected identification objects (Continuing this example, story assembler 101 can determine via processor component 1014, the story cue information (Woody as main character) based on the block information determined by identification components 1018, thereby enabling the story cue information to be used for assembling a story …, para. [0043]); and
a player to present the story (Based on the selection (and in some embodiments, the arrangement) of blocks inserted into the receptacle, the story assembler determines each of the story parts and assembles the parts into a story. The story can then be played back audibly (as sound) or audio-visually …, para. [0048]).
Per claim 9, Lewis discloses the device of claim 8, wherein the device comprises a container with walls defining a cavity to store the plurality of identification objects (fig. 1A; fig. 1B).
Per claim 10, Lewis discloses the device of claim 9, wherein the container comprises a closure to close the cavity (fig. 1A; fig. 3A-3C).
Per claim 11, Lewis discloses the device of claim 8, further comprising a housing to store electronic components of the device (fig. 1A; fig. 1E; para. [0031]).
Per claim 12, Lewis discloses an interactive story generation and presentation method, comprising:
sensing one or more selected identification objects using at least one sensor, the selected identification object(s) having been selected by a user (an embodiment of block-information identification component(s) 1018 determines that a particular block 150 is in receptacle 120 and further determines the orientation of the particular block 150, such as which side of the block is the top and facing out to the user …, para. [0042]-[0043]; block information comprises information usable for identifying a particular block, which can be used to differentiate one block, such as a main character block type, from another block type …, para. [0044]);
determining one or more selected narrative elements associated with the selected identification object(s) (Continuing this example, story assembler 101 can determine via processor component 1014, the story cue information (Woody as main character) based on the block information determined by identification components 1018 …, para. [0043]);
generating a story based on the selected narrative elements (Continuing this example, story assembler 101 can determine via processor component 1014, the story cue information (Woody as main character) based on the block information determined by identification components 1018, thereby enabling the story cue information to be used for assembling a story …, para. [0043]); and
presenting the story (Based on the selection (and in some embodiments, the arrangement) of blocks inserted into the receptacle, the story assembler determines each of the story parts and assembles the parts into a story. The story can then be played back audibly (as sound) or audio-visually …, para. [0048]).
Per claim 13, Lewis discloses the method of claim 12, wherein sensing the one or more selected identification objects comprises decoding data encoded on the identification objects (para. [0043]-[0044]).
Per claim 14, Lewis discloses the method of claim 13, wherein the identification objects are NFC or RFID cards (para. [0044]; para. [0071]).
Per claim 18, Lewis discloses a computer system comprising:
at least one sensor (an embodiment of block-information identification component(s) 1018 determines that a particular block 150 is in receptacle 120 and further determines the orientation of the particular block 150, such as which side of the block is the top and facing out to the user …, para. [0042]-[0043]; block information comprises information usable for identifying a particular block, which can be used to differentiate one block, such as a main character block type, from another block type …, para. [0044]);
a player (Based on the selection (and in some embodiments, the arrangement) of blocks inserted into the receptacle, the story assembler determines each of the story parts and assembles the parts into a story. The story can then be played back audibly (as sound) or audio-visually …, para. [0048]);
a processor (para. [0039]-[0040]); and
a memory in communication with the processor, comprising instructions directing the processor to perform any one of the methods of claims 12 to 17 (para. [0039]-[0040]).
Per claim 19, Lewis discloses a computer program product comprising computer code embodied in a computer readable medium that, when executed on at least one computing device, performs the method of claim 12 (para. [0039]-[0040]).
Per claim 20, Lewis discloses a non-transitory computer readable medium comprising instructions that direct at least one computing device to perform the method of claim 12 (para. [0039]-[0040]).
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.
4. Claims 6, 7, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis in view of Reale US 2024/0314260 A1 (“Reale”)
Per claim 6, Lewis discloses the system of claim 1,
Lewis does not explicitly disclose wherein the story generator comprises a large language model
However, this feature is taught by Reale (para. [0012]; para. [0036])
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Reale with the system of Lewis in arriving at the missing features of Lewis, because such combination would have resulted in improving conventional methods of storytelling as well as improving user experience (Reale, para. [0031]; para. [0036])
Per claim 7, Lewis discloses the system of claim 1, wherein the player comprises an audio speaker (fig. 1D; para. [0040])
Lewis does not explicitly disclose the system further comprising a text-to-speech engine, and wherein the text-to-speech engine converts a text of the story generated by the story generator into audio to be played by the audio speaker
However, this feature is taught by Reale (para. [0044]; para. [0071])
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Reale with the system of Lewis in arriving at the missing features of Lewis, because such combination would have resulted in improving conventional methods of storytelling as well as improving user experience (Reale, para. [0031]; para. [0036]).
Per claim 15, Lewis discloses the method of claim 12,
Lewis does not explicitly disclose the system further comprising converting a text of the story into spoken audio using a text-to-speech engine, and wherein presenting the story comprises playing the spoken audio
However, this feature is taught by Reale (para. [0044]; para. [0071])
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Reale with the system of Lewis in arriving at the missing features of Lewis, because such combination would have resulted in improving conventional methods of storytelling as well as improving user experience (Reale, para. [0031]; para. [0036]).
Per claim 16, Lewis discloses the method of claim 12,
Lewis does not explicitly disclose wherein generating the story comprises preparing a prompt based on the one or more selected narrative elements, and providing the prompt to a large language model
However, this feature is taught by Reale (para. [0020]; para. [0054]-[0056])
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Reale with the system of Lewis in arriving at the missing features of Lewis, because such combination would have resulted in improving conventional methods of storytelling as well as improving user experience (Reale, para. [0031]; para. [0036]).
Per claim 17, Lewis in view of Reale discloses the method of claim 16,
Reale discloses wherein preparing the prompt comprises adding additional information based on a configuration for the story (para. [0054]-[0056]; para. [0073]-[0074]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUJIMI A ADESANYA whose telephone number is (571)270-3307. The examiner can normally be reached Monday-Friday 8:30-5:00pm.
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, Richemond Dorvil can be reached at 571-272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OLUJIMI A ADESANYA/Primary Examiner, Art Unit 2658
Prosecution Insights