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.
Step 1 (What is the statutory category?):
Claims 1-12 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A method performed by a computing device including one or more processors, the method comprising:
providing an item selection page displaying a plurality of selectable items to a plurality of users when at least one round ends in a game mode in which game characters of the plurality of users engage in battle over a plurality of rounds;
obtaining item selection information for at least one item among the plurality of selectable items from each of the plurality of users; and
applying an effect of an item selected by each of the plurality of users to each of the game characters of the plurality of users in a round subsequent to the at least one round.
Claim 7 recites:
A computing device comprising: one or more processors; and
a memory storing one or more programs executed by the one or more processors, wherein the one or more processors are configured to:
provide an item selection page displaying a plurality of selectable items to a plurality of users when at least one round ends in a game mode in which game characters of the plurality of users engage in battle over a plurality of rounds;
obtain item selection information for at least one item among the plurality of selectable items from each of the plurality of users; and
apply an effect of an item selected by each of the plurality of users to each of the game characters of the plurality of users in a round subsequent to the at least one round.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a computing device) in which rules or instructions for the gaming machine is being implemented (ie: providing an item selection page displaying a plurality of selectable items to a plurality of users when at least one round ends in a game mode in which game characters of the plurality of users engage in battle over a plurality of rounds, obtaining item selection information for at least one item among the plurality of selectable items from each of the plurality of users, and applying an effect of an item selected by each of the plurality of users to each of the game characters of the plurality of users in a round subsequent to the at least one round.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1 and 7 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: one or more processors, memory
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Fujimaki et al., US 20140114890 discloses that it is well known to one of ordinary skill in the art that a computer includes an input device, a central processing unit (CPU), a storage device (for example, a RAM) for storing data, a program memory (for example, a ROM) for storing a program, and an output device (paragraph 50);
Saffari, US 20030050111, discloses a conventional gaming machine (system) comprising an input device used to play a game, processor to implement the game, memory device, and/or display are used to allow a player to play a game to a determined outcome (paragraph 2).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-6, 8-12 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
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.
Claims 1-2, 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YouTube video of “Co-Op Roguelite Deckbuilder! | Across the Obelisk: 4 Player Co-Op | 1 | ft. The Wholesomeverse” (https://www.youtube.com/watch?v=rbAylgJsHN0) (YouTube)
Regarding Claim 1. YouTube discloses a method performed by a computing device including one or more processors, the method comprising:
providing an item selection page displaying a plurality of selectable items to a plurality of users when at least one round ends in a game mode in which game characters of the plurality of users engage in battle over a plurality of rounds (13:44-1:39:21. A plurality of players, 4 players in the case, engage in co-op game play in which they engage in a plurality of battles throughout the video. At the conclusion of each battle, each individual player is provided with a selection of items from which to choose. Depictions can be found down below.);
obtaining item selection information for at least one item among the plurality of selectable items from each of the plurality of users (20:20-1:39:21. When a player is provided with selectable items (ie: three possible selections from which to choose), selection information of each of those selectable items is provide for each respective player. Depictions can be found down below.); and
applying an effect of an item selected by each of the plurality of users to each of the game characters of the plurality of users in a round subsequent to the at least one round (21:05-1:39:21. When a respective player selects a respective item, the effects of the respective selected item is applied to the respective player. In this case, when a player selects a card, that card is applied to the player’s card deck which could be used for subsequent rounds. Depictions can be found down below.)
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The image above depicts game world in which there are a plurality of rounds in which player would engage in battle against enemy characters when entering those rounds
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The image above depicts 4 players playing in co-op mode (ie: the player character on the left side) in which they engage in a battle (ie: enemy characters on the right side)
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The image depicts how each player is provided with a respective item from which to choose.
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The image above depicts how each of the plurality of selectable items provide information which could be used for enhancing each respective player.
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The image above depicts how only one set of selectable items remained. This is because three of the four players had selected their respective selectable item that correspond to their respective characters.
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The image above depicts how, upon selecting one of the items, the item and its corresponding effect is applied to the player that selected said item.
Regarding Claim 2. YouTube discloses the method of claim 1, wherein the providing comprises determining an item to be provided through the item selection page based on a round progress situation for the plurality of rounds (20:15-1:39:21. Items provided for selection is based on round progress. In this case, when the round (ie: battle) had progressed to its completion, this is when a determination is made in which a set of selectable items are provided to each respective player.)
Regarding Claim 7. YouTube discloses a computing device comprising:
one or more processors (0:00-1:39:21. The game is played on a computer. A computer has one or more processors.); and
a memory storing one or more programs executed by the one or more processors (0:00-1:39:21. The game is played on a computer. A computer utilizes memory for storing and executing the game.), wherein the one or more processors are configured to:
provide an item selection page displaying a plurality of selectable items to a plurality of users when at least one round ends in a game mode in which game characters of the plurality of users engage in battle over a plurality of rounds (13:44-1:39:21. A plurality of players, 4 players in the case, engage in co-op game play in which they engage in a plurality of battles throughout the video. At the conclusion of each battle, each individual player is provided with a selection of items from which to choose. Depictions can be found up above.);
obtain item selection information for at least one item among the plurality of selectable items from each of the plurality of users (20:20-1:39:21. When a player is provided with selectable items (ie: three possible selections from which to choose), selection information of each of those selectable items is provide for each respective player. Depictions can be found up above.); and
and apply an effect of an item selected by each of the plurality of users to each of the game characters of the plurality of users in a round subsequent to the at least one ound (21:05-1:39:21. When a respective player selects a respective item, the effects of the respective selected item is applied to the respective player. In this case, when a player selects a card, that card is applied to the player’s card deck which could be used for subsequent rounds. Depictions can be found up above.)
Regarding Claim 8. YouTube discloses the computing device of claim 7, wherein the one or more processors are firther configured to determine an item to be provided through the item selection page based on a round progress situation for the plurality of rounds (20:15-1:39:21. Items provided for selection is based on round progress. In this case, when the round (ie: battle) had progressed to its completion, this is when a determination is made in which a set of selectable items are provided to each respective player.)
Examiner’s Remarks
Claims 3-6, 9-12 have no prior art rejection but currently stands rejected under USC § 101.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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