DETAILED ACTION
This action is in response to the initial filing filed on December 30, 2024 Claims 1-8 have been examined in this application.
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) filed on 12/30/2024, 2/6/2026, and 5/20/2026, have been acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Step 1: Claims 1-6 and 8 are drawn to a device (i.e., a manufacture), and claim 7 is drawn to a method. As such, claims 1-8 are drawn to one of the statutory categories of invention (Step 1: YES).
Under Step 2A Prong 1, the claims are analyzed to determine whether the claims recite any judicial exceptions including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity such as a fundamental economic practice, or mental processes).
Claims 1, 7, and 8, recite a non-transitory computer readable medium storing a program causing a computer to execute: a process for allowing a player to select a nurturing- completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied; a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player; and a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character, wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player. If claim limitations, under their broadest reasonable interpretation, include a mental process and/or certain methods of organizing human activity, the limitations fall under the abstract ideas judicial exception and therefore recite ineligible subject matter. Accordingly, claims 1, and 12 recite abstract ideas.
Representative Claim 1: A non-transitory computer readable medium storing a program causing a computer to execute: a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied; a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player; and a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character, wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player.
Representative Claim 7: An information processing method executed by at least one computer that executes: a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied; a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player; and a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character, wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player.
Representative Claim 8: A game device comprising at least one computer that executes: a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied; a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player; and a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character, wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player.
(Examiner notes: The underlined claim terms above are interpreted as additional elements beyond the abstract idea and are further analyzed under Step 2A - Prong Two)
The additional elements are instructions for applying the judicial exceptions with a generic computing device as, under their broadest reasonable interpretation, the additional elements of a computer, and a non-transitory computer readable medium are generic computer components for performing the above method, per MPEP 2106.05(f). Under their broadest reasonable interpretation, the additional elements are generic components of a computing device used to apply the abstract idea.
Under their broadest reasonable interpretation, the recited steps of selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter, and increasing the upper limit of a predetermined parameter selected by the player (i.e., one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions), then it also falls within the “Mental Processes” subject matter grouping of abstract ideas. The recited steps are a simulation that applies an abstract idea, specifically mental processes (observation (selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, and increasing the upper limit of a predetermined parameter selected by the player), and/or evaluation (a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter)). If claim limitations, under their broadest reasonable interpretation, include a mental process and/or certain methods of organizing human activity (CMOHA), the limitations fall under the abstract ideas judicial exception and therefore recite ineligible subject matter. Accordingly, claims 1, 7, and 8 recite abstract ideas.
Dependent Claims 2-6 further narrow the abstract ideas of selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter, and increasing the upper limit of a predetermined parameter selected by the player (i.e., one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions), then it also falls within the “Mental Processes” and is an abstract idea and then it also falls within the “Organizing Human Processes” subject matter grouping of abstract ideas and then also falls within the “Organizing Human Processes” subject matter grouping of abstract ideas.
Independent claim(s) 1, 7, and 8 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
As such, the Examiner concludes that claims 1, 7, and 8 recite an abstract idea (Step 2A – Prong One: YES).
Under Step 2A Prong 2 the claims are analyzed to determine whether the claims recite additional elements that integrate the judicial exception into a practical application.
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using “selecting a game medium that is used in a game to which predetermined information is tied”, “updating at least one parameter tied to a character and a process based on the game medium selected by the player”, “a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter”, and “increasing the upper limit of a predetermined parameter selected by the player” etc. (Claims 1, 7, and 8) are equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer.
Similarly, the limitations of applying “selecting a game medium that is used in a game to which predetermined information is tied”, “updating at least one parameter tied to a character and a process based on the game medium selected by the player”, “a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter”, and “increasing the upper limit of a predetermined parameter selected by the player” etc. Independent Claim(s) 1, 7, and 8, and dependent claims 2-6 are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components in a vehicle. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to computerized environments (e.g., selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter, and increasing the upper limit of a predetermined parameter selected by the player etc.). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
The recited additional element(s) of selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter, and increasing the upper limit of a predetermined parameter selected by the player (Claim(s) 1, 7, and 8), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application. (See MPEP 2106.05(g)).
Dependent claims 2-6 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself.
As discussed above in “Step 2A – Prong 2”, the identified additional elements in independent claim(s) 1, 7, and 8, and dependent claims 2-6 are equivalent to adding the words “apply it” on a generic computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
The recited additional element(s) of selecting a game medium that is used in a game to which predetermined information is tied, updating at least one parameter tied to a character and a process based on the game medium selected by the player, a process for creating and storing, the game medium in which the information includes specific information for increasing an upper limit of the at least one parameter, and increasing the upper limit of a predetermined parameter selected by the player (Claim(s) 1, 7, and 8), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea) i.e. selecting users (i.e. using a user interface) is similar to “Receiving or transmitting data over a network, e.g., using the Internet to gather data”, is a well-understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here) (See MPEP 2106.05(d) (II)).
This conclusion is based on a factual determination. Applicant’s own disclosure in paragraphs [0023], [0399], and [0407] acknowledges that “Note that the configurations and functions of the CPU 1010, the memory 1012, the bus 1014, the input/output interface 1016, the storage unit 1018, the communication unit 1020, the input unit 1022, and the output unit 1024 of the server 1000 are substantially the same as those of the CPU 10, the memory 12, the bus 14, the input/output interface 16, the storage unit 18, the communication unit 20, the input unit 22, and the output unit 24, respectively, of the player terminal”, “More specifically, the CPU 10 runs the information setting processing program 700, thereby causing the computer to function as the information setting processing unit 700a. Similarly, the CPU 10 runs the nurturing game execution program 701 and the nurturing-at-completion processing program 702, thereby causing the computer to function as the nurturing game execution unit 701a and the nurturing-at-completion processing unit 702a, respectively”, and “More specifically, the CPU 1010 runs the information setting processing program 1100, thereby causing the computer to function as the information setting processing unit 1100a. Similarly, the CPU 1010 runs the nurturing game execution program 1101 and the nurturing game end processing program 1102, thereby causing the computer to function as the nurturing game execution unit 1101a and the nurturing game end processing unit 1102a, respectively” (i.e. conventional nature of using a computer and/or computer program). This additional element therefore does not ensure the claim amounts to significantly more than the abstract idea.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
The dependent claims 2-6 are dependent from claim 1, and include all the limitations of the independent claims, but fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). Therefore, the dependent claims recite the same abstract idea. The limitations of the dependent claims fail to amount to significantly more than the judicial exception. For example:
The limitations of claims 2, 3, 4, 5, and 6 recite clarifications of the parameter has a base value set where playing the game can increase the upper limit of the parameter and different displays are shown when the parameter is in a range above or below a base value, there are a plurality of different types of inheritance information a player can select and tie to a character, an increase value of the predetermined parameter is tied to specific inheritance information, and the at least one parameter has a base value set that can be increased to an upper limit based on a first or second update condition. Such clarifications, under their broadest reasonable interpretation, are merely defining/selecting a type of data to be manipulated which, per MPEP 2106.05(g), is insignificant extra-solution activity. Therefore, the limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amount to significantly more than the judicial exception. For this reason, the analysis performed on the independent claims is also applicable on these claims.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 1-8 are not eligible subject matter under 35 USC 101.
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.
Claims 1-5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Akitsu et al. (WO 2022/014453 A1) in view of Yamaguchi et al. (US 2015/0151204 A1).
Regarding Claim 1, Akitsu discloses a non-transitory computer readable medium storing a program causing a computer to execute ([0006] A program according to one aspect of the present invention is a program that executes a game in which a player trains a game medium used in the main game in the training game, wherein the program comprises a training game medium receiving means that receives a training game medium to be trained in the training game, selected by the player, [0106] In other embodiments of the present invention, the present invention may also include a program that implements the functions of the embodiments of the present invention described above and the information processing shown in the flowchart, as well as a computer-readable storage medium that stores the program):
a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied ([0006] a successor game medium receiving means that receives a trained game medium (nurturing-completed game medium) selected by the player from a group of trained game mediums including a plurality of trained game mediums that have been trained in the training game, as a successor game medium; and a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0027] The source game medium is the electronic data that forms the basis of the training game medium that is the target of training in the training game, and is associated with a unique ID, an image of the character displayed on the display device 13, a character ID that uniquely identifies the character, and characteristic information (predetermined inheritance information is tied));
a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, [0052] pressing the training command button R51 by the player increases the training parameter of the same type as that button R51. For example, pressing the speed training command button R51 will increase the training parameter indicating speed by a predetermined amount (updating at least one parameter tied to a nurturing-target character)); and
a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0070] In one example, the trained game medium addition unit 23d adds the trained game medium to the group of trained game mediums (creating and storing) so that the trained game medium generated after the nth training game is completed can be set as the inherited game medium in the (n+1)th training game and subsequent training games).
However, Akitsu is not relied upon teaching wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and
the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player.
Yamaguchi teaches wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter ([0072] evolutionary fusion increases the upper limit values of the parameters configured in the base character prior to fusion and the parameter values are reconfigured in the base character generated after fusion such that they can be increased beyond the upper limits, Abstract if the second selection operation input is received, then the character is configured as a source material character used to enable the parameter values configured in the base character to be increased beyond the upper limit), and
the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player ([0094] the game progress processing unit 215 increases the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the base character and, at the same time, increases the Upper Attack Power Limit, Upper Defense Power Limit, and Upper Physical Power Limit (current upper limit values of the capability parameters) of the base character, [0111] if it is determined that the evolutionary condition has been satisfied…[0107] configures the character used as a selectable object as a source material character used for evolutionary fusion (S204)).
Akitsu and Yamaguchi are both considered to be analogous to the claimed invention, because they are in the same field of mobile/video-game programs in which a player selects one or more characters in order to enhance the parameters of another character. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying a non-transitory computer readable medium storing a program, as disclosed by Akitsu, further including wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player, as taught by Yamaguchi for the purpose of increasing the base stats of the base character thereby making them stronger (increasing physical strength) (Yamaguchi, [0094]).
Regarding Claim 2, Akitsu discloses wherein the at least one parameter includes a plurality of parameters ([0032] Characteristic information includes, for example, basic ability parameters such as speed, stamina, power, tenacity, and intelligence, as well as aptitude parameters including track suitability, distance suitability, and running style suitability).
However, Akitsu is not relied upon disclosing a base value set in common among the plurality of parameters is provided, the process for executing the nurturing game can increase the upper limit of the predetermined parameter to a value larger than the base value in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player, and the program causes the computer to execute a process for performing different displays between in the case where the parameter is updated in a range below the base value and in the case where the parameter is updated so as to exceed the base value.
Yamaguchi teaches a base value set in common among the plurality of parameters is provided ([0078] For each parameter, the displayed upper limit value is “100” points (base value) and the current value is “80” points),
the process for executing the nurturing game can increase the upper limit of the predetermined parameter to a value larger than the base value in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player ([0085] the displayed upper limit value has increased to “200” points and the current value has increased to “110” points), and
the program causes the computer to execute a process for performing different displays between in the case where the parameter is updated in a range below the base value and in the case where the parameter is updated so as to exceed the base value ([0085] Namely, it is shown that not only the current values but also the upper limit values of the capability parameters configured in the base character 52 have increased as a result of the evolutionary fusion).
Regarding Claim 3, Akitsu discloses the program causes the computer to execute a process for allowing the player to select, from among a plurality of characters to which any of the plurality of kinds of specific inheritance information is tied, a character that is set as the nurturing-target character ([0006] a successor game medium receiving means that receives a trained game medium selected by the player from a group of trained game mediums including a plurality of trained game mediums that have been trained in the training game, as a successor game medium, [0027] a unique ID, an image of the character displayed on the display device 13, a character ID that uniquely identifies the character, and characteristic information. Characteristic information is information that indicates the characteristics of the source game medium, such as parameters that show the abilities and skills of the source game medium (character)), and
the process for creating and storing the nurturing-completed game medium ties, to the nurturing-completed game medium, the specific inheritance information tied to the character set as the nurturing-target character ([0035] the character IDs of the source game medium, the training game medium, and the trained game medium are the same).
However, Akitsu is not relied upon disclosing wherein the inheritance information includes a plurality of kinds of the specific inheritance information that differ from one another in terms of at least either the parameter the upper limit of which increases or an increase value of the upper limit.
Yamaguchi teaches wherein the inheritance information includes a plurality of kinds of the specific inheritance information that differ from one another in terms of at least either the parameter the upper limit of which increases or an increase value of the upper limit ([0049] Initial Upper Attack Power Limit, Initial Upper Defense Power Limit, and Initial Upper Physical Strength Limit (plurality of kinds of specific inheritance information that differ from one another) of the character are upper limit values (maximum values) initially configured for each parameter, [0091] the higher the values of the capability parameters of the source material character, the greater the increase in the values of the capability parameters of the base character (indicating inheritance))).
Regarding Claim 4, Akitsu discloses wherein an increase value of the predetermined parameter is further tied to inheritance information ([0058] the definite-expression information parameter modification unit 231 adds the effect amount (speed addition amount) determined based on the speed parameter of the inherited game medium to the training parameter indicating speed).
However, Akitsu is not relied upon disclosing wherein an increase value of the predetermined parameter is further tied to the specific inheritance information.
Yamaguchi teaches wherein an increase value of the predetermined parameter is further tied to the specific inheritance information ([0094] Then, based on the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the source material character selected by the player, the game progress processing unit 215 increases the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the base character (specific inheritance information) and, at the same time, increases the Upper Attack Power Limit, Upper Defense Power Limit, and Upper Physical Power Limit (current upper limit values of the capability parameters) of the base character and reconfigures the new capability parameters obtained after the increase in the base character).
Regarding Claim 5, Akitsu discloses wherein an increase value of the predetermined parameter is further tied to inheritance information ([0058] the definite-expression information parameter modification unit 231 adds the effect amount (speed addition amount) determined based on the speed parameter of the inherited game medium to the training parameter indicating speed).
However, Akitsu is not relied upon disclosing wherein an increase value of the predetermined parameter is further tied to the specific inheritance information.
Yamaguchi teaches wherein an increase value of the predetermined parameter is further tied to the specific inheritance information ([0094] Then, based on the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the source material character selected by the player, the game progress processing unit 215 increases the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the base character (specific inheritance information) and, at the same time, increases the Upper Attack Power Limit, Upper Defense Power Limit, and Upper Physical Power Limit (current upper limit values of the capability parameters) of the base character and reconfigures the new capability parameters obtained after the increase in the base character).
Regarding Claim 7, Akitsu discloses an information processing method executed by at least one computer that executes ([0007] One aspect of the present invention is a method for an electronic device to execute a game in which a player cultivates a game medium to be used in the main game, comprising: a cultivation game medium reception step of receiving a cultivation game medium selected by the player to be cultivated in the cultivation game):
a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied ([0006] a successor game medium receiving means that receives a trained game medium selected by the player from a group of trained game mediums including a plurality of trained game mediums that have been trained in the training game, as a successor game medium; and a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0027] The source game medium is the electronic data that forms the basis of the training game medium that is the target of training in the training game, and is associated with a unique ID, an image of the character displayed on the display device 13, a character ID that uniquely identifies the character, and characteristic information);
a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, [0052] pressing the training command button R51 by the player increases the training parameter of the same type as that button R51. For example, pressing the speed training command button R51 will increase the training parameter indicating speed by a predetermined amount); and
a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0070] In one example, the trained game medium addition unit 23d adds the trained game medium to the group of trained game mediums so that the trained game medium generated after the nth training game is completed can be set as the inherited game medium in the (n+1)th training game and subsequent training games).
However, Akitsu is not relied upon disclosing wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player.
Yamaguchi teaches wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter ([0072] evolutionary fusion increases the upper limit values of the parameters configured in the base character prior to fusion and the parameter values are reconfigured in the base character generated after fusion Such that they can be increased beyond the upper limits, Abstract if the second selection operation input is received, then the character is configured as a source material character used to enable the parameter values configured in the base character to be increased beyond the upper limit), and
the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player ([0094] the game progress processing unit 215 increases the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the base character and, at the same time, increases the Upper Attack Power Limit, Upper Defense Power Limit, and Upper Physical Power Limit (current upper limit values of the capability parameters) of the base character, [0111] if it is determined that the evolutionary condition has been satisfied…[0107] configures the character used as a selectable object as a source material character used for evolutionary fusion (S204)).
Regarding Claim 8, Akitsu discloses a game device comprising at least one computer that executes ([0008] the user terminal or the server functions as a successor game medium receiving means for receiving a cultivated game medium, [0009] An electronic device according to one aspect of the present invention is an electronic device that executes a game in which a player cultivates a game medium to be used in the main game):
a process for allowing a player to select a nurturing-completed game medium that is used in a nurturing game and to which predetermined inheritance information is tied ([0006] a successor game medium receiving means that receives a trained game medium selected by the player from a group of trained game mediums including a plurality of trained game mediums that have been trained in the training game, as a successor game medium; and a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0027] The source game medium is the electronic data that forms the basis of the training game medium that is the target of training in the training game, and is associated with a unique ID, an image of the character displayed on the display device 13, a character ID that uniquely identifies the character, and characteristic information);
a process for executing the nurturing game, the process including at least a process for updating at least one parameter tied to a nurturing-target character and a process based on the nurturing-completed game medium selected by the player ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, [0052] pressing the training command button R51 by the player increases the training parameter of the same type as that button R51. For example, pressing the speed training command button R51 will increase the training parameter indicating speed by a predetermined amount); and
a process for creating and storing, on the basis of completion of the nurturing game, the nurturing-completed game medium in which the at least one parameter and the inheritance information are tied to the nurturing-target character ([0006] a training game execution means that executes the training game with the training game medium as the training target, changes training parameters that fluctuate in the training game based on one or more characteristic pieces of information possessed by the successor game medium, and generates the trained game medium by associating the character ID contained in the training game medium with the training parameters upon completion of the training game, [0070] In one example, the trained game medium addition unit 23d adds the trained game medium to the group of trained game mediums so that the trained game medium generated after the nth training game is completed can be set as the inherited game medium in the (n+1)th training game and subsequent training games).
However, Akitsu is not relied upon disclosing wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter, and the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player.
Yamaguchi teaches wherein the inheritance information includes specific inheritance information for increasing an upper limit of the at least one parameter ([0072] evolutionary fusion increases the upper limit values of the parameters configured in the base character prior to fusion and the parameter values are reconfigured in the base character generated after fusion Such that they can be increased beyond the upper limits, Abstract if the second selection operation input is received, then the character is configured as a source material character used to enable the parameter values configured in the base character to be increased beyond the upper limit), and
the process for executing the nurturing game increases the upper limit of a predetermined parameter in the case where the specific inheritance information is tied to the nurturing- completed game medium selected by the player ([0094] the game progress processing unit 215 increases the Attack Power, Defense Power, and Physical Strength (current values of the capability parameters) of the base character and, at the same time, increases the Upper Attack Power Limit, Upper Defense Power Limit, and Upper Physical Power Limit (current upper limit values of the capability parameters) of the base character, [0111] if it is determined that the evolutionary condition has been satisfied…[0107] configures the character used as a selectable object as a source material character used for evolutionary fusion (S204)).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Akitsu et al. (WO 2022/014453 A1) in view of Yamaguchi et al. (US 2015/0151204 A1), and in further view of Lap Full of Crumbs, Elden Ring: Guide to Soft Caps & Attribute Scaling [online], April 16, 2022 [retrieved on 2026-06-25]. Retrieved from the Internet <URL: https://lapfullofcrumbs.net/2022/04/16/elden-ring-guide-to-soft-caps-attribute-scaling/>, hence forth referred to as Crumbs.
Regarding Claim 6, Akitsu discloses wherein the at least one parameter includes a plurality of parameters ([0032] Characteristic information includes, for example, basic ability parameters such as speed, stamina, power, tenacity, and intelligence, as well as aptitude parameters including track suitability, distance suitability, and running style suitability).
However, Akitsu is not relied upon disclosing a base value set in common among the plurality of parameters is provided, the process for executing the nurturing game can increase the upper limit of the predetermined parameter to a value larger than the base value in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player, an update value of the parameter is decided according to a first update condition in the case where the parameter is updated in a range below the base value, and an update value of the parameter is decided according to a second update condition, which less readily increases the parameter than the first update condition, in the case where the parameter is updated so as to exceed the base value.
Yamaguchi teaches a base value set in common among the plurality of parameters is provided ([0078] For each parameter, the displayed upper limit value (base value) is “100” points and the current value is “80” points), and
the process for executing the nurturing game can increase the upper limit of the predetermined parameter to a value larger than the base value in the case where the specific inheritance information is tied to the nurturing-completed game medium selected by the player ([0085] The displayed upper limit value has increased to “200” points (larger than the base value of “100” points) and the current value has increased to “110” points).
However, Yamaguchi is not relied upon teaching an update value of the parameter is decided according to a first update condition in the case where the parameter is updated in a range below the base value, and an update value of the parameter is decided according to a second update condition, which less readily increases the parameter than the first update condition, in the case where the parameter is updated so as to exceed the base value.
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Crumbs teaches an update value of the parameter is decided according to a first update condition in the case where the parameter is updated in a range below the base value, and an update value of the parameter is decided according to a second update condition, which less readily increases the parameter than the first update condition, in the case where the parameter is updated so as to exceed the base value (Paragraphs 8-9 We can see from the chart above that your HP (health points – parameter) growth accelerates with each point that you put into it, ensuring that you can deal with most of the devastating blows dealt by the often disgusting creatures you’ll face in The Lands Between. However, when we reach level 40 (update condition), there is a sharp drop in the amount of HP that is gained each level you put in above that, hence the red line begins to level out. This is our first soft cap. When we hit level 60 (second update condition), we get our second soft cap, which nerfs the reward for each attribute point spent in here even further, up until the max of level 99).
Akitsu and Crumbs are both considered to be analogous to the claimed invention, because they are in the same field of video-game programs in which a player can enhance the parameters of a character. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying a non-transitory computer readable medium storing a program, as disclosed by Akitsu, further including an update value of the parameter is decided according to a first update condition in the case where the parameter is updated in a range below the base value, and an update value of the parameter is decided according to a second update condition, which less readily increases the parameter than the first update condition, in the case where the parameter is updated so as to exceed the base value, as taught by Crumbs for the purpose of ensuring players get the maximum benefit when leveling up and to ensure they are aware of suboptimal outputs if they exceed a certain level (Crumbs, Paragraph 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yokoi (US 2003/0216160 A1) is in the field of a breeding simulation apparatus for virtual creatures (Abstract).
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/HAMID TARIQ HAFIZ/
Examiner, Art Unit 3715
/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
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