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U.S. Patent No. 6,604,008: Scoring based upon goals achieved and subjective elements
Issued August 5, 2003, to Microsoft


Summary:

The ‘008 patent describes a method for awarding points to a player in a game after the play set and met a goal for performance in the game. The player is permitted to select a goal for a level of performance that he expects to achieve during the game. A goal point counter determines a number of goal-based points that can be awarded to the player if he meets the goals he set. The subjective value of the points differs, but the points are awarded whenever a player performs a non-objective task in the game.

Abstract:

A scoring method and system for determining points in a game. Goal-based points are determined as a function of a player achieving a goal set by the player that is not predefined by the game and are used to determine the player's status in the game, such as whether the player advances to a next level. Subjective style points are awarded if the player performs feats of style that are not necessary tasks of the game, depend upon the type of game, and may include sliding, spinning, jumping, blocking an opponent, passing an opponent, and avoiding obstacles. Objective skill points may be combined with subjective style points and goal-based points. Alternatively, one of these three types of points may be modified as a function of one or both of the other two types of points.

Illustrative Claim:

1. A method of awarding points to a player in a game played using an electronic device that determines points awarded to each player, comprising the steps of: (a) enabling a player to set a goal for performance in the game; (b) determining a number of goal-based points applied by the electronic device for determining a status of the player in the game, as a function of the player's performance in relation to the goal set by the player; and (c) determining subjective points applied by the electronic device in determining the status of the player in the game, as a function of the player's performance as measured against a subjective criterion.

Patent Law Update
June 20, 2014
  
Computer-Implemented Inventions: Ideas That Are Fundamental Truths And Generically Implemented Are Not Patent Eligible

In a unanimous opinion authored by Justice Thomas on June 19, 2014, the Court held in Alice Corp. v. CLS Bank Int’l, 13-298, that all the patent claims in the case, meaning all method, system and “computer-readable medium” claims, were not patent eligible.

This alert is published by Banner & Witcoff, Ltd. and is intended to provide a summary of significant developments and news related to intellectual property law. Please contact one of our attorneys by phone if we can provide more information about this subject or others related to intellectual property law. Contact information for all of our attorneys is available at www.bannerwitcoff.com/people.

If you are unable to access the hyperlink above, you may read the article on our website by pasting the following URL into your browser: http://bannerwitcoff.com/news/1114/.


© Copyright 2014 Banner & Witcoff, Ltd. All Rights Reserved. The opinions expressed in this publication are for the purpose of fostering productive discussions of legal issues and do not constitute the rendering of legal counseling or other professional services. No attorney-client relationship is created, nor is there any offer to provide legal services, by the publication and distribution of this edition of IP Alert.  To subscribe or unsubscribe to Banner & Witcoff’s IP Alert, please reply to this message or contact Chris Hummel at chummel@bannerwitcoff.com.
What do pornography and patents have in common?  Read on to find out!

Today the United States Supreme Court has held, in Alice Corporation v. CLS Bank Int'l, that claims drawn to an abstract idea that merely require generic computer implementation fails to transform that abstract idea into a patent-eligible invention.

Despite its decision, the Court gives surprisingly little guidance one what an abstract idea actually IS. As a result, there will be LOTS of commentary on this case, with a vast number of interpretations. In any event, here is how I read the tea leaves: The Court states that the framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts is a two-step process.  First, you determine whether the claims at issue are directed to one of those patent-ineligible concepts. Second, if so, review the other matter in the claims to see whether the additional elements transform the nature of the claim into a patent-eligible application.   Step two of that process is a search for an 'inventive concept’. — The court states that an inventive concept is an element or combination of elements that is sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the ineligible concept itself.  Good luck with that circularity.

And so the search for an inventive concept begins.  The above definition of an inventive concept is not great.  As a result, I predict that courts (and the USPTO) will say something that amounts to: you know it when you see it, sort of like another subject matter that the Court has ruled on in the past (Hint: see Justice Stewart's concurring opinion in Jacobellis v. Ohio, 378 US 184 (1964)).

The full case cite is: Alice Corporation Pty. Ltd. v. CLS Bank International et al., 573 U.S. __ (2014).


U.S. Patent No. 6,500,065: Image displaying method, device, storage medium, and game machine for basketball based game with variable shot success feature
Issued Dec. 31, 2002, to Konami


Summary: 

The ‘065 patent describes a system in a basketball game which features a shot meter allowing the player more control over the shot. If the player stops the meter at a certain spot his shot percentage will drastically increase and almost assure he will make the shot. While the shot gauge can help determine success of a shot, it can also determine the failure of one. If the player presses the button and stops the meter at a poor spot, the shot will be a failure and will not go in. Another factor in making the shot will be the location of the shooter when he takes the shot. If the player takes a shot that is easily makeable, the shot percentage area will be increased so as to make it easier to stop the gauge in that area. The area will decrease if the player is attempting a poorly advised shot.

Abstract:

In a game device for use in displaying an image on a display device to play a video basketball game in response to an operation of a user, a shot image which takes a shot at a goal by a character is displayed on the display device while manipulation timing of the user is monitored to determine whether the shot succeeds or not. On the display device, a gauge is displayed which has a shot success zone and a movable cursor and which is used to determine whether the movable cursor is placed within the shot success zone at the manipulation timing. The gauge is helpful to determine success or failure of the shot.

Illustrative Claim:

1. A method of displaying an image on a display device to play a game of basketball in the form of a video basketball game in response to an operation of a video game player, comprising the steps of: displaying, on the display device, a shot image of taking a shot at a goal by a character selected in the video basketball game; displaying, on the display device, a gauge which is extended from one end to another end and which has a shot success zone, a shot failure zone, and a movable cursor movable from one end to another end of the gauge; moving the movable cursor within the gauge from one end to another end at a predetermined speed; stopping the movable cursor in response to the operation of the video game player; judging whether or not the movable cursor is stopped in the shot success zone to determine success or failure of the shot; visibly displaying a timer gauge on the display device to represent a shooting time which varies with time; and measuring the shooting time whether or not a predetermined time lapses; the shot success zone having a width determined by bars which are displayed in the gauge and which are varied in number in accordance with a degree of difficulty of the video basketball

U.S. Patent No. 6,538,666: Image processing device using speech recognition to control a displayed object
Issued March 25, 2003, to Nintendo Co. Ltd.

Summary:

The ‘666 patent deals with speech recognition. Whenever a player speaks into a microphone, a converter converts the analog speech into digital speech data, allowing a speech recognizer to recognize a word. The converter can recognize the corresponding word and cause the object on the television to perform an action based on the recognized word if a match of the word is made. The patent also provides for a possibility of delaying action of the character based on time demands. If the player speaking into the microphone delays a command, it will appear in a different color than the immediate action commanded.

Abstract:

An image processing device which changes the way speech recognition results are processed as the program progresses. A video game machine body 10 causes a television receiver 30 to display given images and to output given sounds in accordance with a game program stored in a ROM cartridge 20. When a player enters a speech from a microphone 60, a speech recognition unit 50 recognizes a word corresponding to the speech and sends the result to the video game machine body 10. The video game machine body 10 causes the state of a dialogue partner object displayed on the television receiver 30 to change on the basis of the recognized result received from the speech recognition unit 50. The relation between the recognition result and the control of the displayed dialogue partner object is changed as the program progresses, which gives variety to the game and makes it more amusing.

Illustrative Claim:

1. An image processing device for varying action of a dialogue partner object displayed on a display device in response to a spoken word input from a user through a microphone, comprising: a converter for converting an analog speech signal inputted from said microphone to digital speech data; a speech recognizer for recognizing a word corresponding to the digital speech data converted by said converter; a determiner for determining whether the word recognized by said speech recognizer matches a predefined word to be inputted at that time; a first display control controller for, when said determiner determines match of words, controlling a displayed state of said dialogue partner object to cause said dialogue partner object to perform an action corresponding to the recognized word; a second display controller for, when said determiner determines a mismatch of words, making a determination display on said display device to deliver information on the determination made by said determiner to the user; and wherein said second display controller makes a display on said display device, as said determination display, to show that said dialogue partner object cannot understand the input word.


U.S. Patent No. 6,558,257: Imaging processing apparatus and image processing method
Issued May 6, 2003, to Sega


Summary:

The ‘257 patent describes a system which can be used in sports games such as baseball where player movement can be tracked by a position indicator. Whenever a ball is hit off the bat the outfielder should react to the ball. If the player can move his character in position to catch the ball, then the invention enacts a sequence which allows the player to catch the ball. If the player misjudges the location of the ball, however, the character is more apt to drop the ball or miss the catch.

Abstract:

In order to realize the smooth display of a fielder's ball-catching movement, determination of a collision between a batted ball and a fence by an easy method, and an accurate hidden-face treatment for polygons which are located very close to each other, virtual area producing means 31 is provided to produce a collision area for collision determination at a position away from the picture of a ball for a predetermined distance, and determining means 32 is provided to determine at which position in the collision area a fielder is located. When it is determined that the fielder is located in the collision area, picture changing means 33 gradually changes the posture of the fielder from a waiting state to a ball-catching state.

Illustrative Claim:

1. A picture processing device comprising: coordinate converting means for projecting a group of polygons represented in a three-dimensional coordinate system on a two-dimensional coordinate system; and hidden face treatment means for determining a display order of the polygon group relative to other polygons projected on the two-dimensional coordinate system, wherein the display order is determined based on dimensions of the depth-directional coordinate values of said three-dimensional coordinate system in a display screen and based on the depth-directional coordinate values of a representative polygon within the polygon group, and wherein the hidden face treatment means includes means for displaying polygons within the polygon group in accordance with a predetermined description order when the display order of the polygon group indicates that the polygon group is to be displayed.

U.S. Patent No. 6,491,585: Three-dimensional image processing apparatus with enhanced automatic and user point of view control
Issued December 10, 2002, to Nintendo Co. Ltd.


Summary:

The ‘585 patent describes a game system where the camera in the game will change depending on the actions of the player. Whenever a play performs a predetermined action, the displayed point of view in the game will change in response. Examples of when this camera change occurs are: when the character is swimming or flying, when the character is in a predetermined display area, and when the position of the character is in a current display frame.

Abstract:

A video game system includes a game cartridge which is pluggably attached to a main console having a main processor, a coprocessor, expandable main memory and player controllers. A multifunctional peripheral processing subsystem external to the game microprocessor and coprocessor is described which executes commands for handling player controller input/output to thereby lessen the processing burden on the graphics processing subsystem. The video game methodology features camera perspective or point of view control features. The system changes the "camera" angle (i.e., the displayed point of view in the three-dimensional world) automatically based upon various conditions and in response to actuation of a plurality of distinct controller keys/buttons/switches, e.g., four "C" buttons in the exemplary embodiment. The control keys allow the user at any time to move in for a close up or pull back for a wide view or pan the camera to the right and left to change the apparent camera angle. Such user initiated camera manipulation permits a player to better judge jumps or determine more precisely where an object is located in relation to the player controlled character.

Illustrative Claim:

1. For use with a video game system console having a game program executing processing system for executing a video game program to create a display simulating a three-dimensional world, and at least one player controller operable by a player to generate video game control signals, a storage device for controlling the operation of said video game system console comprising: a memory media for storing video game instructions and graphics data; said video game instructions including instructions for initiating one of a plurality of camera modes and instructions for causing said game program executing processing system to respond to the detection of a player controlled character being in a predetermined state and for changing the displayed point of view perspective in the displayed three-dimensional world in response to detecting the predetermined state.


U.S. Patent No. 6,488,586: Recording medium and entertainment system
Issued Dec. 3, 2002, to Sony

Summary:

The ‘586 patent describes a system used in role playing games where the player is given full control over his character, including the ability to command the character. The player can manipulate the movement of the character by pressing certain keys. The game records every command that the player inputs. Points are awarded for successful commands. Commands may also be strung together to create combos. Once a combo has been successfully performed, the player can continuously move because the commands are stored and are selected with greater speed with each time they are performed.

Abstract:

An entertainment system includes an application program recording system which record an application program which can input at least one command of operation an which the player sets the action of the character on a display screen. The command is stored in an action set frame in the unit of one operation to action set frame used to create the movements of the player character. The system further has an input, operation system where the player inputs instructions and a control system which controls the operation of the player character on the display screen based on the command from the application program recorded by the application program record system and the input operation system.

Illustrative Claim:

1. A recording medium containing a program that allows a player to advance a game by manipulating a selected character displayed on a display screen through a key input according to the player's intention, wherein the said program recorded in the recording medium enables input of a plurality of commands related to actions of said selected character in an action set frame on said display screen so as to set up the actions of said selected character as a single operation, wherein said action set frame is determined and generated on said display screen in response to said plurality of commands input by said player, and wherein said recorded program is capable of recording two or more of said commands if total action points are within the permissible range of action points for said action set frame, and the total allowed action points for said action set frame and points corresponding to each of said action command type are decided in advance.


U.S. Patent No. 6,475,083: Unlocking secrets of video games
Issued November 5, 2002, to Midway Amusement Games, LLC


Summary:

The ‘083 patent provides a method for enabling extra features of a video game based upon which type of controller is used to play the game. A player is rewarded with extra features of the video game whenever the controller used is of a matching type.

Abstract:

A video game system and method is provided in which the enabled content of a video game depends upon the type of video game controller coupled to the video game console. Specifically, in response to recognizing the video game controller as being of a matching type, the video game enables or "unlocks" extra features or "secrets" of the video game which are not otherwise available. By creating such a strong synergy between the video game and the matching video game controller, consumers are most likely to be attracted to the matching video game controller instead of other game controllers available in the marketplace.

Illustrative Claim:

1. A method of enabling extra features of a video game based upon a type of video game controller used to play the video game, the method comprising: providing the game controller with controller information indicating whether or not the game controller is of a matching type; reading the controller information; and enabling the extra features of the video game in response to the controller information indicating that the game controller is of the matching type.


U.S. Patent No. 6,428,414: Method for representing character, storage medium, image display device, and video game device
Issued Aug. 6, 2002, to Konami


Summary:

The ‘414 patent describes a method during a video game where the player is able to customize his character to look the way he wants. The character is presented naked and the player can select from a list of items to place on the character. The items the player selects have an effect on the character. Thus, the player needs to carefully decide which items to use so as to maximize his character’s attributes.

Abstract:

In character representation whereby an actual or imaginary character is represented electronically, naked body image data showing the state of the character when not carrying or wearing any equipment at all is previously prepared, and furthermore, item image data showing the state of an item of equipment when it is applied to the naked body image data is previously prepared for each type of equipment item. When an item of equipment to be worn or carried by the character is selected, the naked body image data is composed with item image data corresponding to the item of equipment selected at the item of equipment selection state, and the composed data is displayed.

Illustrative Claim:

1. A software product comprising: an image display program to be executed by a processing unit in cooperation with a display device for displaying an appearance image of a character; reference character image data representative of a reference state image of said character free from any item; and item image data representative of images of items to be equipped by said character, said image display program comprising the processes of: selecting said at least one item from the item image data; creating a new image data, by said processing unit, based on said reference character image data and at least one item image data selected; and displaying created image data as said appearance image on said image display device, wherein: said character has a set of numeral values each of which depends on a specific attribute of said character; said item has correctional values for modifying the numeral value set; the software product comprises a video game program to be executed by the processing unit; actions of the character in the video game are commanded by an input device cooperating with said processing unit; a player of the video game is aimed to meet the condition representing the end of the game to play said video game program; and said correctional values depend on the number of times that said condition is met.

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