DETAILED ACTION
Acknowledgements
This Office Action is in response to Applicant’s correspondence filed on 2/25/25.
The Examiner notes that citations to United States Patent Application Publication paragraphs are formatted as [####], #### representing the paragraph number.
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 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.
Status of Claims
Claims 1-21 are currently pending.
Claims 1-21 are rejected as set forth below.
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 § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
As per claim 3, the limitation “the game element of the first type is in a state that more greatly favors the progression of the competitive game in a case of the first appearance than in a case of the second appearance” renders the scope of the claim indefinite. Specifically, it is unclear how a progression of the competitive game is “more greatly favored”. Applicant is suggested to amend the claim to explicitly state how the progression of the game is affected by the character, i.e. the leader character’s power level changes, as described in the Specification.
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) 1-2, 4-11, 13-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Non-Patent Literature YouTube Video Title ‘Magic Spellslingers (Gameplay)’.
As per claim(s) 1, Magic teaches:
A non-transitory computer readable medium storing a program causing a computer to execute a display control process for controlling a display device to display a game screen containing a field, the computer executing an electronic game that progresses by placing game elements on the field, the display control process comprising: placing and displaying, among game elements associated with a player, a game element of a first type and a game element of a second type in visually different forms on the field, the game element of the first type and the game element of the second type having different roles in progression of the electronic game. (Page 1 of PDF, 20:30-21:02 of video, The game elements of the first type are the heroes in the bottom left and top right corners with a life counter that determine the outcome of the game. The game elements of the second type are the creatures played in the middle of the field that can attend and defend.)
As per claim(s) 2, Magic teaches:
wherein each of the game elements is associated with a character, during execution of the electronic game, in the display control process, the character associated with the game element of the second type placed on the field is displayed without any change in the character's appearance, and the character associated with the game element of the first type placed on the field is displayed, and its appearance changes in accordance with an action of the character in the electronic game. (Page 2 of PDF, 20:30-21:02 of video, The heroes perform an animation when they attack or take damage.)
As per claim(s) 4, Magic teaches:
wherein in the display control process, the game element of the first type is displayed in character form, and the game element of the second type is displayed in card form. (Page 1 of PDF, 20:30-21:02 of video)
As per claim(s) 5, Magic teaches:
wherein the electronic game is a competitive game that progresses between the player and an opponent, in the display control process, a game element associated with the player and a game element associated with the opponent are placed and displayed on a rectangular- shaped area in the field, the game element of the first type associated with the player and a game element of the first type associated with the opponent are placed on respective first areas distributed at different ends of the rectangular-shaped area, and the game element of the second type associated with the player and a game element of the second type associated with the opponent are placed on a second area different from the first area on the rectangular-shaped area. (Page 1 of PDF, 20:30-21:02 of video, The heroes are placed in their respective corners and the creatures are placed in the middle of the field.)
As per claim(s) 6, Magic teaches:
wherein the second area is distributed in such a manner that the second area is sandwiched between the two first areas on the rectangular-shaped area. (Page 1 of PDF, 20:30-21:02 of video)
As per claim(s) 7, Magic teaches:
wherein the two first areas are distributed at diagonal positions on the rectangular-shaped area. (Page 1 of PDF, 20:30-21:02 of video)
As per claim(s) 8, Magic teaches:
wherein the two first areas are distributed at positions that are farthest apart on the rectangular- shaped area. (Page 1 of PDF, 20:30-21:02 of video)
As per claim(s) 9, Magic teaches:
wherein in the display control process, each of the game elements of the second type on the second area is displayed such that it is possible to identify whether the game element of the second type on the second area is associated with the player or with the opponent. (Page 1 of PDF, 20:30-21:02 of video, The player’s creatures are displayed on the bottom half of the field while the opponent’s creatures are displayed on the top half of the field.)
As per claim(s) 10, Magic teaches:
wherein in the display control process, the game elements of the second type are displayed in an aligned manner on the second area. (Page 1 of PDF, 20:30-21:02 of video, The creatures are aligned in front of each other.)
As per claim(s) 11, Magic teaches:
wherein the game elements of the second type are placed on the second area in a standard orientation, for each of the game elements placed on the field, it is possible to specify an action related to the electronic game, and in a case where an action is specified for a game element among the game elements of the second type, the orientation of the game element of the second type is changed from the standard orientation to an orientation corresponding to the specified action, and the game element of the second type is displayed in the specified orientation in the display control process. (Page 3 of PDF, 20:30-21:02 of video, When a creature attacks, it performs a tilting animation.)
As per claim(s) 13, Magic teaches:
wherein the attribute information changes in accordance with the progression of the electronic game. (Page 2 of PDF, 20:30-21:02 of video, The life counter of the heroes and the power/toughness attributes of the characters change as the game progresses.)
As per claim(s) 14, Magic teaches:
wherein the attribute information includes a numerical value, and in a case where a numerical value of the attribute information of a game element among the game elements of the second type placed on the second area falls below a predetermined value, the game element of the second type is eliminated from the second area in the display control process. (Page 4 of PDF, 22:20-22:26 of video, The creature is eliminated when their toughness reaches 0 or below.)
As per claim(s) 15, Magic teaches:
wherein in the display control process, each of the game elements placed on the field is displayed differently in accordance with whether or not the game element is operable in the progression of the electronic game. (Page 5 of PDF, 20:30-21:02 of video, Cards that can perform an action such as attacking or defending are highlighted green.)
As per claim(s) 16, Magic teaches:
wherein for each of the game elements placed on the field and associated with the player, it is possible to specify an action related to the electronic game in response to an operation input made to the game element, and in a case where an operation input is made to the game element placed on the field and associated with the player, an action option that is possible to specify for the game element is displayed in the display control process. (Page 6 of PDF, 20:30-21:02 of video, An attack option is displayed when a creature is able to attack.)
As per claim(s) 17, Magic teaches:
wherein the action option that is possible to specify includes an option for specifying, as a target of the action, one of the game elements placed on the field and associated with the opponent, and in the display control process, a presentation effect is displayed that moves, in response to activation of the action, the game element for which the action is specified to a position of the game element serving as the target of the action and thereafter returns the game element for which the action is specified to a position at which the game element for which the action is specified was placed before the movement. (Page 7 of PDF, 21:42 -21:53 of video, The Ghitu Archer chooses the opponent’s hero as the target. The card performs a fire arrow animation which moves to the opponent’s hero’s position.)
As per claim(s) 18, Magic teaches:
wherein on a condition that an operation input has been made to a game element placed on the field, detailed information regarding the game element is displayed in the display control process. (Page 4 of PDF, 22:20-22:26 of video, When a creature blocks and take damage, information such as how much damage they received is displayed.)
As per claim(s) 19, Magic teaches:
wherein the game screen contains a preparation area that displays one or more game elements of the second type, which are not yet placed on the field, and in a case where a placement operation input is made to a game element of the second type placed on the preparation area, the game element is displayed moving from the preparation area onto the field in the display control process. (Page 1 of PDF, 20:30-21:02 of video, The cards in a player’s hand is the preparation area.)
As per claim(s) 20, Magic teaches:
wherein the field has an appearance representing a ground, and in the display control process, the field is displayed and its appearance changes in accordance with the progression of the electronic game. (Page 8 of PDF, 1:25:21-1:25:34 of video, When an opponent dies or leaves, the field is displayed as having black wispy clouds with a victory sign.)
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.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Non-Patent Literature YouTube Video Title ‘Magic Spellslingers (Gameplay)’ in view of Non-Patent Literature YouTube Video Title ‘Yugioh Duel Links – HOW to make Yuma and Astral become ZEXAL?’.
As per claim(s) 3, Magic teaches:
wherein in the display control process, the game element of the first type is displayed, and its appearance changes from a first appearance to a second appearance in accordance with the progression of the electronic game; (20:30-21:02 of video, The heroes perform an animation when they attack or take damage.)
Magic does not explicitly teach, but Yugioh teaches:
the game element of the first type is in a state that more greatly favors the progression of the competitive game in a case of the first appearance than in a case of the second appearance. (Page 1 of PDF, 2:15-2:57, The bottom hero transforms into ZEXAL which is more powerful.)
One of ordinary skill in the art would have recognized that applying the known technique of Yugioh to the known invention of Magic would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such video game features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the game elements of the first type so it can be in a state that more greatly favors the progression of the competitive game in a case of the first appearance than in a case of the second appearance in an improved invention because applying said technique allows the hero to transform into a more powerful state that can drastically affect the outcome of the game, thus improving the overall playability of the invention.
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Non-Patent Literature YouTube Video Title ‘Magic Spellslingers (Gameplay)’ in view of Non-Patent Literature YouTube Video Title ‘Learning the Game with the Gauntlet | Let's Play Eternal Card Game Part #1 | Blue Deck Gameplay’.
As per claim(s) 12, Magic teaches:
wherein each game element is associated with attribute information, and in the display control process for each of the game elements of the second type, the attribute information of the game element is displayed at a position that overlaps the game element. (Page 1 of PDF, 20:30-21:02 of video)
Magic does not explicitly teach, but Eternal teaches:
for each of the game elements of the first type, the attribute information of the game element is displayed at a position that is near but does not overlap the game element; (Page 1 of PDF, 3:30 of video, The life counter of 25 does not overlap with the hero’s portrait picture.)
One of ordinary skill in the art would have recognized that applying the known technique of Eternal to the known invention of Magic would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such video game features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the game elements of the first type so the attribute information of the game element is displayed at a position that is near but does not overlap the game element results in an improved invention because applying said technique allows the hero’s portrait picture to be more clearly displayed and seen, thus improving the overall clarity of the invention. Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the game element/attribute information positioning of Magic because the position of the attribute information relative to the game element is a matter of design choice. The different game element/attribute information positions perform the same function of displaying information/gameplay animations and achieve the same result of relaying information and improving the game experience to the user. The claim does not recite, and the specification does not attribute, any functional difference or unexpected result arising from the positioning of the game element/attribute information. In the absence of evidence that the claimed shape provides a functional advantage over the prior art configuration, positioning the attribute information so it does not overlap the game element would have been an obvious variation within the ordinary skill of the art. See MPEP § 2144.04(VI); see also In re Kuhle and In re Dailey.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication No. 20110237325 to Hawkins discloses systems and methods for providing online games, including trading card games played on a computer, and other mobile devices, are described using combinations of standard and non-standard digital tokens. The systems and methods provide the capability for games to allow users to acquire rights to digital tokens that have different functionality across a spectrum of computer-implemented games, and for computer-implemented games to combine variable-use digital tokens with other standard gaming tools and constructs, such as a standard 52 card deck.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY HUANG whose telephone number is (408)918-9799. The examiner can normally be reached 9:00a - 5:30p PT.
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/JAY HUANG/Primary Examiner, Art Unit 3619
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