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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a grouping of abstract ideas without significantly more. The claims, as exemplified by independent Claim 1, recite a grouping of abstract ideas such as:
1. A computer-implemented method comprising:
determining, based at least in part on an execution of a video game application, a first media content of the video game application to be presented at a user interface to a user; - certain method of organizing human activity and/or mental process;
causing, while the execution of the video game application continues, a second media content to be generated based on an accessibility status of the user, wherein: -certain method of organizing human activity;
an artificial intelligence engine generates the second media content in real- time relative to the execution of the video game application based at least in part on the artificial intelligence engine receiving at least a portion of the first media content as an input; and
the artificial intelligence engine is trained to generate the second media content based at least in part on accessibility information associated with one or more accessibility statuses; and
causing the second media content to be outputted in lieu of the first media content at the user interface. -certain method of organizing human activity;
The limitations, as underlined above, are found to recite a certain method of organizing human activity because they recite managing a social activity including rules and/or instructions. Additionally, the limitations that have been identified as a mental process are found to recite an observation, judgement, evaluation, and/or opinion that is capable of being performed in the human mind. For at least these reasons, the claims are found to recite a grouping of abstract ideas under Step 2A-prong 1
This judicial exception is not integrated into a practical application because the additional limitations such as: “based at least in part on an execution of a video game application,” “while the execution of the video game application continues,” and “at the user interface” recite a desired functional result that amount to invoking a computer as a tool to implement the abstract idea, insignificant extra solution activity and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). Furthermore, the remaining limitations such as: “an artificial intelligence engine generates the second media content in real- time relative to the execution of the video game application based at least in part on the artificial intelligence engine receiving at least a portion of the first media content as an input;” and “the artificial intelligence engine is trained to” recite a desired functional result by performing general purpose functions of computer or generic artificial intelligence technology which amounts to mere instructions to apply the abstract idea and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) or(h)). For at least these reasons, the additional and remaining limitations are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as an artificial intelligence engine to generate media content are well-known, routine, and conventional to one of ordinary skill in the gaming arts (see MPEP 2106.05(f)-(h)). For instance, Balahura et al. (US 2005/0026697 A1) discloses multi-player gaming platforms implementing multi-play gaming to generate media content (e.g., a game with generating actions in the game of an AI player) includes a known artificial intelligence gaming engine (see Balahura, 0044). It follows that when viewed individually and/or as a collection of elements the claims, as exemplified by independent Claim 1, are similar to the findings of Alice v. CLS wherein the additional elements are not found to amount to significantly more than the abstract idea under Step 2B.
With respect to independent Claims 14 and 18, the claims recite substantially the same subject matter as independent Claim 1. The analysis above is incorporated herein. Independent Claims 14 and 18 are directed to one or more non-transitory computer-readable media and a system storing executable instructions. However, these additional elements such as “one or more non-transitory computer readable media of Claim 14 and a system comprising a memory, a processor configured to access memory and execute the computer-executable instructions do not change the analysis as discussed above but merely recite general purpose computer components that amount to invoking a computer as a tool to implement the abstract idea and/or provide a technological environment in which to perform the abstract idea similar to Alice v. CLS. For at least these reasons, independent Claims 14 and 18 are found to recite a grouping of abstract ideas without significantly more.
With respect to dependent claims 2-13, 15-17, and 19-20, the limitations have been reviewed and analyzed and were found to recite at least one of: i) additional limitations directed to a grouping of abstract ideas (see MPEP 2106.04(a)), invoking a computer as a tool to implement the abstract idea (see MPEP 2106.05(f)), insignificant extra solution activity (see MPEP 2106.05(g)), and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(h)). For at least these reasons, claims 1-20 are found to recite a grouping of abstract ideas 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 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brockett et al. (US 2023/0405468 A1).
Regarding claim 1, Brockett discloses a computer-implemented method comprising:
determining, based at least in part on an execution of a video game application (see Brockett, Fig. 1-7, 0022-0024), a first media content of the video game application to be presented at a user interface to a user (see Brockett, Fig. 1-7, 0022-0024, wherein the first media a selected game from the cloud service gaming platform);
causing, while the execution of the video game application continues, a second media content to be generated based on an accessibility status of the user (see Brockett, Fig. 1-7, 0042-0049), wherein:
an artificial intelligence engine generates the second media content in real-time relative to the execution of the video game application based at least in part on the artificial intelligence engine receiving at least a portion of the first media content as an input (see Brockett, Fig. 1-7, 0042-0048; and
the artificial intelligence engine is trained to generate the second media content based at least in part on accessibility information associated with one or more accessibility statuses (see Brockett, Fig. 1-3, 0042-0047, wherein the accessibility service is able to generate gameplay to aid players with particular impairments based upon the user); and
causing the second media content to be outputted in lieu of the first media content at the user interface (see Brockett, Fig. 1-7, 0042-0049, 0051-0055, wherein the accessibility service generate gameplay for a specific game to aid players with particular impairments)).
Regarding claim 2, Brockett discloses the computer-implemented method of claim 1, further comprising causing, while the execution of the video game application continues, a first element and a first output associated with first element to be identified (see Brockett, Fig. 1-7, 0037-0045, wherein the first element of the first output is in at least one embodiment a request by a user to generate a personalized agent as part of the game session playing the game), wherein: the artificial intelligence engine identifies the first element and the first output based at least in part on receiving the first media content as the input (see Brockett, Fig. 1-7, 0037-0045, wherein the feedback is collected continually during the gaming session associated with concurrent game states or agent actions); and the artificial intelligence engine generates the second media content based at least in part on the first element and the first output identified by the artificial intelligence engine (see Brockett, Fig. 1-7, 0035-0055, wherein the agents, prompts, and generated content are generated based upon the collected information to generate the prompt, trained personalized agent, or accessibility options to help players).
Regarding claim 3. Brockett discloses the computer-implemented method of claim 2, wherein the artificial intelligence engine generates the second media content by at least one of modifying the first output or generating an accessibility output to be included in the second media content (see Brockett, Fig. 1-7, 0042-0055, wherein the accessibility output is included in the second media content as the game represented by the first media with the accessibility output generated for the user).
Regarding claim 4, Brockett discloses the computer-implemented method of claim 2, where the first output includes at least one of a visual output, audio output, haptic output, or motion output (see Brockett, Fig. 1-7, 0023, 0031, wherein the data received from the game includes visual, audio, feedback, and data exposed through APIs).
Regarding claim 5, Brockett discloses the computer-implemented method of claim 2, where the first element includes at least one of a character, object, gameplay effect, menu, or text (see Brockett, Fig. 1-7, 0022-0051).
Regarding claim 6, Brockett discloses the computer-implemented method of claim 3, wherein: the first output is one of a plurality of outputs identified by the artificial intelligence engine as being associated with the first element; the artificial intelligence engine identifies the first element by identifying that the first output is associated with the first element (see Brockett, Fig. 1-7, 0023-0056, 0065-0068); and after identifying that the first output identifies the first element, the artificial intelligence associates a rest of the plurality of outputs with the first element (see Brockett, Fig. 1-7, 0023-0056, 0065-0068, wherein the flow of Figs. 1B-7 recite the artificial intelligence engine identifying the first output associated with the first element and associating a plurality of outputs of the first element to adjust and modify the accessibility features based upon the gameplay and user actions/feedback).
Regarding claim 7, Brockett discloses the computer-implemented method of claim 3, wherein the artificial intelligence engine includes: a first artificial intelligence model that identifies the first element and the first output; and a second artificial intelligence model that generates the second media content based at least in part on the first element and the first output.
Regarding claim 8, Brockett discloses the computer-implemented method of claim 3, wherein the artificial intelligence engine includes: a first artificial intelligence model that identifies the first element and the first output (see Brockett, Fig. 1-7, 0023-0058); and an output application that generates the second media content based at least in part on the first element and the first output using a standardized ruleset (see Brockett, Fig. 1-7, 0047-0056, wherein the standardized ruleset is the initialized machine learning model trained such as the cohort model with a standardized ruleset of grouping users with a particular impairment).
Regarding claim 9, Brockett discloses the computer-implemented method of claim 3, wherein the artificial intelligence engine includes a first artificial intelligence model that identifies the first element and the first output (see Brockett, Fig. 1-7, 0035-0058), and that generates the second media content based at least in part on the first element and the first output (see Brockett, Fig. 1-7, 0035-0058).
Regarding claim 11, Brockett discloses the computer-implemented method of claim 1, wherein the artificial intelligence engine is trained to be specific to the video game application (see Brockett, 0033, wherein through use of reinforcement learning the gameplay machine learning may allow the gameplay training service 124 to train the models to specific games, or specific types of games without requiring user interaction).
Regarding claim 12, Brockett discloses the computer-implemented method of claim 1, further comprising: receiving gameplay data of the user playing the video game application with the second media content (see Brockett, 0029-0031, wherein the personalized agent library includes a fine-tuning engine and models that receive feedback data from various sources such as video, audio, and/or textual data received from the user playing the game to modify the instructions to further personalize the instruction); and further training the artificial intelligence engine based on the gameplay data (see Brockett, 0029-0031, wherein the feedback data is utilized to train and improve the artificial intelligence models based on the game play data).
Regarding claim 13, Brockett discloses the computer-implemented method of claim 1, wherein the accessibility status includes at least one of vision impairment, hearing loss, haptic sensitivity, or motion sensitivity (see Brockett, Fig. 3, 0019-0020, 0042-0046, wherein the generated game play commands are generated by machine learning models to modify media content to help colorblind or visually impaired users, or the like) .
Regarding claim 14, Brockett discloses one or more non-transitory computer-readable media comprising computer-executable instructions that, when executed by one or more processors, cause the one or more processors to perform operations comprising (see Brockett, Figs. 7-8, 0070-0077):
determining, based at least in part on an execution of a video game application (see Brockett, Fig. 1-7, 0022-0024), a first media content of the video game application to be presented at a user interface to a user;
causing, while the execution of the video game application continues, a second media content to be generated based on an accessibility status of the user (see Brockett, Fig. 1-7, 0042-0049), wherein:
an artificial intelligence engine generates the second media content in real- time relative to the execution of the video game application based at least in part on the artificial intelligence engine receiving at least a portion of the first media content as an input (see Brockett, Fig. 1-7, 0042-0048, 0050-0059); and
the artificial intelligence engine is trained to generate the second media content based at least in part on accessibility information associated with one or more accessibility statuses (see Brockett, Fig. 1-3, 0042-0047, 0049-0059); and
causing the second media content to be outputted in lieu of the first media content at the user interface (see Brockett, Fig. 1-7, 0042-0049, 0051-0055.
Regarding claim 15, Brockett discloses the one or more non-transitory computer-readable media of claim 14, the operations further comprise causing, while the execution of the video game application continues, a first element and a first output associated with first element to be identified, wherein: the artificial intelligence engine identifies the first element and the first output based at least in part on receiving the first media content as the input (see Brockett, Fig. 1-7, 0022-0059); and
the artificial intelligence engine generates the second media content based at least in part on the first element and the first output identified by the artificial intelligence engine (see Brockett, Fig. 1-7, 0022-0059).
Regarding claim 16, Brockett discloses the one or more non-transitory computer-readable media of claim 15, wherein the artificial intelligence engine generates the second media content by at least one of modifying the first output or generating an accessibility output to be included in the second media content (see Brockett, Fig. 1-7, 0022-0059).
Regarding claim 17, Brockett discloses the one or more non-transitory computer-readable media of claim 15, wherein: the first output includes at least one of a visual output, audio output, haptic output, or motion output (see Brockett, Fig. 1-7, 0023, 0031; and the first element includes at least one of a character, object, gameplay effect, menu, or text (see Brockett, Figs. 1-7, 0023-0059).
Regarding claim 18, Brockett discloses a system comprising: a memory comprising computer-executable instructions (see Brockett, Fig. 7, 0074); and
a processor configured to access the memory and execute the computer- executable instructions to at least (see Brockett, Fig. 7-8, 0070-0077):
determine, based at least in part on an execution of a video game application, a first media content of the video game application to be presented at a user interface to a user (see Brockett, Fig. 1-7, 0042-0049);
cause, while the execution of the video game application continues, a second media content to be generated based on an accessibility status of the user, wherein: an artificial intelligence engine generates the second media content in real- time relative to the execution of the video game application based at least in part on the artificial intelligence engine receiving at least a portion of the first media content as an input (see Brockett, Fig. 1-7, 0042-0048, 0049-0059); and
the artificial intelligence engine is trained to generate the second media content based at least in part on accessibility information associated with one or more accessibility statuses (see Brockett, Fig. 1-3, 0042-0047, 0049-0059); and
cause the second media content to be outputted in lieu of the first media content at the user interface (see Brockett, Fig. 1-7, 0042-0049, 0051-0055).
Regarding claim 19, Brockett discloses the system of claim 18, wherein the computer-executable instructions further comprise causing, while the execution of the video game application continues, a first element and a first output associated with first element to be identified (see Brockett, Fig. 1-7, 0042-0048, 0049-0059), wherein:
the artificial intelligence engine identifies the first element and the first output based at least in part on receiving the first media content as the input (see Brockett, Fig. 1-7, 0042-0048, 0049-0059); and
the artificial intelligence engine generates the second media content based at least in part on the first element and the first output identified by the artificial intelligence engine (see Brockett, Fig. 1-7, 0042-0048, 0049-0059).
Regarding claim 20, Brockett discloses the system of claim 19, wherein the artificial intelligence engine generates the second media content by at least one of modifying the first output or generating an accessibility output to be included in the second media content (see Brockett, Fig. 1-7, 0022-0059).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN HSU whose telephone number is (571)272-7148. The examiner can normally be reached Monday - Friday 10:00-6:00 PM.
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/RYAN HSU/EXAMINER, Art Unit 3715
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