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
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 1-12 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 3, 7 recites the limitation "the first mode". There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 4, 5, 7, 10-11 recites the multiple iterations of "input data". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claims 1, 4-7, 10-12 recites the multiple iterations of "an input ". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claims 1, 4, 5, 7, 10-11 recites the multiple iterations of "a controller device ". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claims 1, 4-7, 10-12 recites the multiple iterations of "an image". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claims 1, 4, 5, 7, 10-11 recites the multiple iterations of "a display device ". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 2 recites a second iteration of "a frame buffer” which had been previously disclosed in Claim 1 However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claims 2-3, 8-9 recites the limitation "the second mode". There is insufficient antecedent basis for this limitation in the claim.
Claims 6 and 11 recites the multiple iterations of "a key operation ". However, it is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
All dependent claims inherit the deficiencies of the claim(s) from which they depend and are similarly rejected for the same reason.
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:
An information processing system that causes a processor of a game apparatus to execute a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, the information processing system comprising: a first game apparatus and a second game apparatus, wherein:
the first game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and
output an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus; the second game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and
output an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus;
the first game apparatus and the second game apparatus communicate with each other; and
in the first mode, the at least one processor of the first game apparatus is configured to:
acquire first input data based on an input to one of the controller device that is provided in the first game apparatus and the controller device that is connected to the first game apparatus;
execute the game program using the first input data as the operation data;
store the first image and the second image in a frame buffer;
output the first image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and transmit the second image stored in the frame buffer to the second game apparatus; and the at least one processor of the second game apparatus is configured to:
output the second image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
Claim 4 recites:An information processing system that causes a processor of a game apparatus to execute a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, the information processing system comprising: a first game apparatus and a second game apparatus, wherein:
the first game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and
output an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus; the second game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and output an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus; the first game apparatus and the second game apparatus communicate with each other; the at least one processor of the first game apparatus is configured to:
acquire second input data from the second game apparatus;
execute the game program using the second input data as the operation data; store the first image and the second image in a frame buffer; output the second image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and transmit the first image stored in the frame buffer to the second game apparatus; and the at least one processor of the second game apparatus is configured to:
transmit the second input data based on an input to the controller device that is provided in the second game apparatus or the controller device that is connected to the second game apparatus to the first game apparatus; and output the first image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
Claim 5 recites:An information processing system that causes a processor of a game apparatus to execute a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, the information processing system comprising: a first game apparatus and a second game apparatus, wherein:
the first game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and
output an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus; the second game apparatus includes at least one processor, and is configured to:
acquire input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and output an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus; the first game apparatus and the second game apparatus communicate with each other; the at least one processor of the first game apparatus is configured to:
acquire first input data based on an input to the controller device that is provided in the first game apparatus or the controller device that is connected to the first game apparatus;
acquire second input data from the second game apparatus;
execute the game program using the first input data and the second input data as the operation data;
store the first image and the second image in a frame buffer;
transmit one of the first image and the second image stored in the frame buffer to the second game apparatus; and output the other one of the first image and the second image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and the at least one processor of the second game apparatus is configured to:
transmit the second input data based on an input to the controller device that is provided in the second game apparatus or the controller device that is connected to the second game apparatus to the first game apparatus; and output one of the first image and the second image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
Claim 7 recites:
An information processing method to be executed in an information processing system that executes a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, wherein:
the information processing system includes a first game apparatus and a second game apparatus;
the first game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and outputs an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus;
the second game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and outputs an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus; the first game apparatus and the second game apparatus are configured to communicate with each other; and in the first mode, the first game apparatus:
acquires first input data based on an input to the controller device that is provided in the first game apparatus or the controller device that is connected to the first game apparatus;
executes the game program using the first input data as the operation data;
stores the first image and the second image in a frame buffer;
outputs the first image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and transmits the second image stored in the frame buffer to the second game apparatus; and the second game apparatus:
outputs the second image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
Claim 10 recites:
An information processing method to be executed in an information processing system that executes a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, wherein:
the information processing system includes a first game apparatus and a second game apparatus;
the first game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and
outputs an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus; the second game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and outputs an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus; the first game apparatus and the second game apparatus are configured to communicate with each other; the first game apparatus:
acquires second input data from the second game apparatus;
executes the game program using the second input data as the operation data;
stores the first image and the second image in a frame buffer;
outputs the second image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and
transmits the first image stored in the frame buffer to the second game apparatus; and the second game apparatus:
transmits the second input data based on an input to the controller device that is provided in the second game apparatus or the controller device that is connected to the second game apparatus to the first game apparatus; and outputs the first image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
Claim 11 recites:
An information processing method to be executed in an information processing system that executes a game program for performing a game process based on operation data to generate a first image to be displayed on a first screen and a second image to be displayed on a second screen, wherein: the information processing system includes a first game apparatus and a second game apparatus;
the first game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the first game apparatus and a controller device that is connected to the first game apparatus; and
outputs an image to one of a display device that is provided in the first game apparatus and a display device that is connected to the first game apparatus; the second game apparatus:
acquires input data based on an input to at least one of a controller device that is provided in the second game apparatus and a controller device that is connected to the second game apparatus; and outputs an image to one of a display device that is provided in the second game apparatus and a display device that is connected to the second game apparatus; the first game apparatus and the second game apparatus are configured to communicate with each other;
the first game apparatus:
acquires first input data based on an input to the controller device that is provided in the first game apparatus or the controller device that is connected to the first game apparatus; acquires second input data from the second game apparatus; executes the game program using the first input data and the second input data as the operation data;
stores the first image and the second image in a frame buffer;
transmit one of the first image and the second image stored in the frame buffer to the second game apparatus; and
outputs the other one of the first image and the second image stored in the frame buffer to the display device that is provided in the first game apparatus or the display device that is connected to the first game apparatus; and the second game apparatus:
transmits the second input data based on an input to the controller device that is provided in the second game apparatus or the controller device that is connected to the second game apparatus to the first game apparatus; and
outputs one of the first image and the second image received from the first game apparatus to the display device that is provided in the second game apparatus or the display device that is connected to the second game apparatus.
[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: gaming apparatuses) in which rules or instructions for the gaming machine is being implemented (ie: causing a processor of a game apparatus to execute a game program for generating a first image and a second image. In the first mode, the processor of the first game apparatus is configured to: acquire first input data based on an input to a controller device; execute the game program using the first input data as operation data; store the first image and the second image in a frame buffer; output the first image stored in the frame buffer to a display device; and transmit the second image stored in the frame buffer to the second game apparatus.)
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, 4-5, 7, 10-11 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: display device, one or more processors, information processing system.
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:
Wu, US 20120083343 discloses that that it is conventional that online games in which multiple players can play can comprise client computing devices for allowing players to play online (paragraph 6);
Rodriquez, US 7,288,028, teaches that client platform devices are well-known and/or conventional for the purposes of implementing online games (Col. 4, lines 29-39);
Naicker, US 20070167235, discloses the use of generic client platform device for implementing online games (paragraph 16);
Kim, US 20130059656, discloses it is well known in the art for user to play online games by accessing game servers over the internet via client platform devices e.g. representing a computing system (paragraph 3).
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 2-3, 6, 8-9, and 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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