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.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a shooting game system, comprising: a screen that is provided upright on a floor surface to be displayed with an image. The limitation of a screen that is provided upright on a floor surface to be displayed with an image, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “one or more processor,” nothing in the claim element precludes the step from practically being performed in the mind. For example, “provided” in the context of this claim encompasses a user mentally thinking of a screen with an image. Similarly, the limitations of: arranged and calculates are processes that, under their broadest reasonable interpretation, covers performance of the limitation in the mind. The same interpretation is applied to the remaining steps in claim 1. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – one or more processors. The one or more processors is recited at a high-level of generality (i.e., as a generic processor implementing a step) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using one or more processor amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Similar reasoning is applied to claims 2-12.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s provided prior art of Machine Translation of JP 2011-019745 to Hoshitani (hereinafter “Hoshitani”).
Concerning claim 1, Hoshitani discloses a shooting game system, comprising: a screen that is provided upright on a floor surface to be displayed with an image; a plurality of markers that are arranged side by side on the floor surface; a plurality of shooting devices each provided with a camera that images the marker, the camera being set in a direction different from a shooting direction of the shooting device (Fig. 3, paragraphs [0013]-[0020]- multiple players use shooting devices with a camera that images different markers, set in different directions from the shooting device to provide input into the game); and
one or more processors, wherein the one or more processors calculates, for each of the plurality of shooting devices and based on an image of the marker that is imaged by the camera, coordinates in a virtual space corresponding to an intersection point between the shooting direction of the shooting device corresponding to a position and a direction of the camera and the screen, and makes the shooting game be executed using operation inputs of respective shooting devices and the coordinates of the virtual space (paragraphs [0021]-[0027] – calculations are made for each of the shooting devices based on an image of the marker and determining intersection points between the direction and device to determine coordinates in the virtual space).
Concerning claim 2, Hoshitani discloses further comprising a setting place that the shooting device is set, wherein the plurality of markers are located between the screen and the setting place (Fig. 3, paragraphs [0013]-[0020] – markers are located between screen and the setting place).
Concerning claim 3, Hoshitani discloses wherein the shooting device comprises a barrel portion, and the camera is arranged inside a tip end of the barrel portion, facing diagonally downward from the shooting device (Fig. 3, paragraphs [0013]-[0020] – shooting device has barrel which has camera).
Concerning claim 4, Hoshitani discloses wherein the barrel portion has a shape that an upper side is projected ahead compared with a lower side, in the tip end of the barrel portion (Fig. 3, paragraphs [0013]-[0020] – barrel has upper side projected ahead of lower side).
Concerning claim 5, Hoshitani discloses further comprising a plurality of light emitting devices that are arranged above the markers and emit light toward the markers, wherein the markers reflect the light emitted from the light emitting devices (paragraphs [0021]-[0027] – markers reflect light emitted).
Concerning claim 6, Hoshitani discloses wherein the one or more processors selectively sets, based on an image that is imaged by the camera, a shooting device selectin mode that allows the player to select one shooting device from a plurality of types of shooting devices that the cameras are being activated and a shooting game mode that allows the player to perform the shooting game in a state where the camera of the a selected shooting device is being activated, and lowers a frame rate of the camera in the shooting device selection mode than a frame rate of the camera in the shooting game mode (paragraphs [0021]-[0027] – camera of selected device is activated with lower frame rate).
Concerning claim 7, Hoshitani discloses wherein after an end of the shooting game mode, the one or more processors sets, based on the image that is imaged by the camera, a shooting device return mode that it is determined whether the shooting device is placed to a predetermined position in a state where the camera of the selected shooting device is being activated, and lowers a frame rate of the camera at a time of the shooting device return mode than the frame rate of the camera at the time of the shooting game mode (paragraphs [0021]-[0027] – camera of selected device is activated with lower frame rate).
Concerning claim 8, Hoshitani discloses wherein the one or more processors displays on the screen, based on an image of the markers that is imaged by the camera, an image that allows the player to select one shooting device when the plurality of shooting devices are turned to the screen in the shooting device selection mode (paragraphs [0021]-[0027] – shooting devices is selected from plurality).
Concerning claim 9, Hoshitani discloses wherein the light emitted from the light emitting device is an infrared light, and the marker includes a plate-like substrate that is arranged on the floor surface and reflects the infrared light, a first layer that is formed on the substrate and transmits the infrared light, a second layer that is formed on the substrate to be adjacent to the first layer and absorbs the infrared light, and a third layer that is formed on the first layer and the second layer and transmits the infrared light (paragraphs [0021]-[0027] – marker has plate like substrate).
Concerning claim 10, Hoshitani discloses wherein the first layer and the second layer of the marker are formed same or almost same height (paragraphs [0021]-[0027] – markers are same height).
Concerning claim 11, Hoshitani discloses further comprising a projector that projects an image on the screen, and the screen is arranged in a curved shape in a longitudinal direction (paragraphs [0021]-[0027] –image projected on screen arranged in curved shape).
Concerning claim 12, see the rejection of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715
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