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 30-41 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 30-41 pass step 1 of the test for eligibility.
As per step 2A prong one, the claims are evaluated to determine whether the claims recite a judicial exception. Representative claim 30 recites, with emphasis added:
A computer-implemented method of enabling virtual gameplay on a computing device, the method comprising the steps of:
responding to a first player, in a real world geographic location, logging onto a video game, the first player having a virtual character with a virtual character statistic, wherein players in the video game interact with the video game and with other players in other real world geographic locations, the other players playing other virtual characters having virtual character statistics, by:
determining the real world geographic location of the first player;
using the determined real world player geographic location of the first player to identify a dormant, local element script that is triggerd based on stored criteria associated with player location, and is embedded in the video game, the dormant local element script comprising executable software embedded in the video game defining at least one modification to the gameplay that, upon actuation, is configured to invoke the at least one modification to the gameplay of the video game;
actuating the local element script to invoke the at least one modification comprising a plot node of the video game; and
responding to the first player in the real world player geographic location subsequently logging off of the video game by causing the local element script associated with the real world geographic location to become un-actuatable in the video game.
The above underlined portion of representative claim 30 recites a judicial exception because the steps are directed towards mental processes, as all of the steps could be performed entirely with the human mind or with pen and paper as a human could create a game, such as a tabletop role playing game, and the game master may allow or not allow for certain types of pre generated game mechanics or storylines based on the players who are currently participating in the game, including the location of said players (it is noted by examiner that “logging in” and “logging out” are underlined, but are only part of the abstract idea in that the act of entering and exiting a game is part of the abstract idea). These steps are also certain methods of organizing human activity, as it is managing of personal behavior or relationships or interactions between people, as it is following rules or instructions, as it is setting forth rules for a game (in the same manner set forth in the mental processes set forth above).
Next, as per step 2A prong two, the claims are evaluated to determine whether the claim as a whole integrates the recited judicial exception into a practical application of the exception.
The elements recited above that are not underlined in representative claim 1 comprise the additional elements. As discussed in more detail below, these additional elements do not integrate the recited judicial exception into a practical application of the exception.
The game being a video game, and the entering and exiting of players from the game occurring via logging in and out, and the characters and statistics being virtual, and the local element script being executable software embedded in the video game is/are not an integration into a practical application as it is mere instructions to implement the abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f))
Thus, taken alone, the additional elements do not integrate the recited judicial exception into a practical application of the exception. 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.
Next, as per step 2B, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
The game being a video game, and the entering and exiting of players from the game occurring via logging in and out, and the characters and statistics being virtual and the local element script being executable software embedded in the video game does not amount to significantly more as it is mere instructions to implement the abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f))
Thus, taken alone, the additional elements do not amount to significantly more than the exception. 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.
The dependent claims of 31-41 are further rejected under 101 for the reasons described above as they simply further define the abstract idea (which makes the abstract idea no less abstract) without adding significantly more or integrating the abstract idea into a practical application.
Thus, taken alone, the additional elements of the dependent claims do not amount to significantly more than the above-identified judicial exception (the abstract idea) and do not integrate the recited judicial exception into a practical application of the exception. 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.
Further, taken alone, the additional elements of the dependent claims do not amount to significantly more than the above-identified judicial exception (the abstract idea). 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.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues the newly added limitations overcome the previous interpretation of an abstract idea such as a mental process of providing a tabletop role playing game, however the newly added limitations appear to simply further define that the abstract idea as occurring within a video game (which is to say on a computer) without significantly more as set forth in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 10-6.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715
