throbber
PTO/SB/16 (IO-08)
`Approved for use through 06/30/2010. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PROVISIONAL APPLICATION FOR PATENT COVER SHEET — Page 1 of 2
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c).
`FILED ELECTRONICALLY ON NOVEMBER 21, 2008
`INVENTOR S
`
`
`
`Family Name or Sumame
`Given Name (first and middle [it‘any])
`
`
`Residence
`
`(Cit and either State or Forei n Country)
`Joseph Charles
`Epstein
`l New York City, New York
`
`
`
`Abraham Ranon
`Schneider
`Brooklyn, New York
`
`
`
`
`Additional inventors are being named on the # separately numbered sheets attached hereto
`TITLE OF THE INVENTION 500 characters max :
`
`
`
`Interactive Guitar Game Designedfor Learning to Play the Guitar
`
`
`Direct all correspondence to:
`
`CORRESPONDENCE ADDRESS
`
`IE
`
`The address corresponding to Customer Number:
`
`021971
`
`
`0R
`
`[:1 Firm or
`
`Individual Name
`Address
`
`
`City
`State
`Zip
`
`Country
`Telephone
`Email
`
`ENCLOSED APPLICATION PARTS (check all that apply)
`
`
`
`E] CD(s), Number ofCDs
`[:1 Application Data Sheet. See 37 CFR 1.76
`C] Other (specify)
`V
`IX Drawing(s) Number ofSheets
`H
`E Specification (e.g. description ofthe invention) Number ofPages 1_6_
`
`Fees Due: Filing Fee of $220 ($110 small entity). If the specification and drawings exceed 100 sheets of paper, the application size fee
`is also due, which is $270 ($135 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and
`
`37 CFR 1.16(s).
`
`METHOD OF PAYMENT OF FILING FEE AND APPLICATION SIZE FEE FOR THIS PROVISIONAL APPLICATION FOR PATENT
`
`IZEIEIIZI
`
`Applicant claims small entity status. See 37 CFR 1.27.
`A check or money order is enclosed to cover the filing fee and application size fee (if applicable).
`
`TOTAL F EE AMOUNT ($)
`Payment by credit card. Form PTO-2038 is attached
`The Director is hereby authorized to charge the filing fee and applicable size fee (if applicable) or credit any overpayment to
`Deposit Account Number:
`23-2415 .
`
`USE ONLY FOR FILING A PROVISIONAL APPLICA TION FOR PA TENT
`This collection ofinformation is required by 37 CFR 1.51. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 8 hours to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, US. Patent
`and Trademark Office, US. Department of Commerce, PO. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.0. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance in completing theform, call I —800-PTO—9] 99 and select option 2.
`
`4486792_1 .DOC
`
`Petitioners Ex. 1010 Page 1
`
`Petitioners Ex. 1010 Page 1
`
`

`

`PRO VISIONAL APPLICA TION C0 VER SHEET
`
`Page 2 of2
`
`PTO/SB/16 (10-08)
`Approved for use through 06/30/2010. OMB 0651-0032
`U.S. Patent and Trademark Office; U.Si DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`The invention was made by an agency of the United States Government or under a contract with an agency of the United States Government.
`
`8] No.
`
`[I Yes, the name of the US. Government agency and the Government contract number are:
`
`WARNING:
`
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute
`to identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a
`check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition
`or an application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should
`consider redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised
`that the record of a patent application is available to the public after publication of the application (unless a non-publication request in
`compliance with 37 CFR 1.213(a) is made in the application) or issuance ofa patent. Furthermore, the record from an abandoned
`application may also be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR
`1.14). Checks and credit card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and
`therefore are not publicly available.
`
`
`
`SIGNATURE M 0"] Date: November21,2008
`
`
`TYPED or PRINTED NAME Ashley M. Chuang
`REGISTRATION NO.
`62 874

`(ifappropriate)
`
`TELEPHONE
`Docket Number:
`37615-701.101
`
`1650) 493—9300
`
`4486792_ I . DOC
`
`Petitioners Ex. 1010 Page 2
`
`Petitioners Ex. 1010 Page 2
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`

`

`WSGR Docket No. 37615-701.101
`
`PATENT APPLICATION
`
`INTERACTIVE GUITAR GAME DESIGNED FOR LEARNING TO PLAY THE
`GUITAR
`
`Inventor(s):
`
`Joseph Charles EPSTEIN
`Citizen of the United States, Residing at
`545 Avenue of the Americas, Suite #3R
`New York City, New York 10011
`
`Abraham Ranon SCHNEIDER,
`
`Citizen of the United States, Residing at
`658 Prospect PL, Apt. 4
`Brooklyn, New York 1 1216
`
`W§3R
`
`Wilson Sonsini Goodrich 8C Rosati
`PROFESSIONAL CORPORATION
`
`650 Page Mill Road
`Palo Alto, CA 94304
`
`(650) 493-9300
`(650) 493-6811
`
`FILED ELECTRONICALLY ON NOVEMBER 21, 2008
`
`C:\NrPortb1\PALIB2\LCV\444l031_l .DOC
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`WSGR Docket No. 37615-701.101
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`

`

`INTERACTIVE GUITAR GAME DESIGNED FOR LEARNING TO PLAY THE GUITAR
`
`BACKGROUND
`
`[0001]
`
`Learning to play a musical instrument can be an enjoyable and rewarding experience.
`
`However, to develop proficiency in playing a musical instrument requires dedication, many hours of
`
`practice, and the application of proper playing techniques and methods.
`
`[0002]
`
`Conventional learning tools and sources of instructional information for learning to play a
`
`musical instrument include music teachers, music books, audio tapes or compact disks (CDs), and
`
`video tapes. While each of these offers certain advantages, each is also limited in the quality of
`
`instruction or the manner in which the information is presented.
`
`[0003]
`
`For example, a music teacher provides personally-tailored instruction, however the cost
`
`of the instruction is relatively expensive and each session is necessarily limited in both time and
`
`depth. Additionally, the student may be limited to learning the playing style and habits (both good
`
`and bad) of the particular teacher, which may limit the student’s creativity and spontaneity. The
`
`practice material assigned by the instructor is also static and is therefore unable to accommodate and
`adjust to the student’s individual progress or proficiency.
`I
`
`[0004]
`
`Music books provide a relatively low-cost alternative or adjunct to a music teacher.
`
`However, the material presented by music books is necessarily static and if the student has difficulty
`
`reading and interpreting music, particularly the tempo and rhythm, then music books provide a
`
`limited instructional capability. Additionally, music books are not interactive and provide no
`
`feedback to the student, making it difficult to develop a “feeling” for the music which is necessary to
`
`progress beyond purely technical or mechanical playing. Audio tapes or compact discs combine
`
`recorded songs and musical passages with instructional commentary and playing tips. But still, they
`
`lack Visual instruction and feedback, which can make it difficult for the student to develop a feeling
`
`for the music.
`
`[0005]
`
`What is needed is an effective way to provide interactive method and system for learning
`
`and practicing a musical instrument, which provides both audio and visual feedback, and an
`
`integrated learning approach.
`
`SUMMARY OF INVENTION
`
`[0006]
`
`The invention provides for an interactive guitar game designed for learning to play the
`
`guitar. Various aspects of the invention described herein may be applied to any of the particular
`
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`

`

`applications set forth below. The invention may be applied as a standalone game engine system or
`
`as a component of an integrated software solution. It shall be understood that different aspects of the
`
`invention can be appreciated individually, collectively or in combination with each other.
`
`[0007]
`
`Unless specifically stated otherwise, as apparent from the following discussions, it is
`
`appreciated that throughout the specification, discussions utilizing terms such as “processing,”
`
`“computing, “ “calculating,” “determining,” or the like, may refer in whole or in part to the action
`
`and/or processes of a processor, computer or computing system, or similar electronic computing
`
`device, that manipulate and/or transform data represented as physical, such as electronic, quantities
`
`within the system’s registers and/or memories into ‘other data similarly represented as physical
`
`quantities within the system’s memories, registers or other such information storage, transmission or
`
`display devices.
`
`It will also be appreciated by persons skilled in the art that the term “players” or
`
`“users” referred to herein can be individuals as well as corporations and other legal entities.
`
`Furthermore, the processes presented herein are not inherently related to any particular computer,
`
`processing device, article or other apparatus. An example of a structure for a variety of these systems
`
`will appear from the description below. In addition, embodiments of the present invention are not
`
`described with reference to any particular processor, programming language, machine code, etc. It
`
`will be appreciated that a variety of programming languages, machine codes, etc. may be used to
`
`implement the teachings of the invention as described herein.
`
`[0008]
`
`Other goals and advantages of the invention will be further appreciated and understood
`
`when considered in conjunction with the following description and accompanying drawings. While
`
`the following description may contain specific details describing particular embodiments of the
`
`invention, this should not be construed as limitations to the scope of the invention but rather as an
`
`exemplification of preferable embodiments. For each aspect of the invention, many variations are
`
`possible as suggested herein that are known to those of ordinary skill in the art. A variety of changes
`
`and modifications can be made within the scope of the invention without departing from the spirit
`
`thereof.
`
`INCORPORATION BY REFERENCE
`
`[0009]
`
`All publications and patent applications mentioned in this specification are herein
`
`incorporated by reference to the same extent as if each individual publication or patent application
`
`was specifically and individually indicated to be incorporated by reference.
`
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`

`

`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[0010]
`
`Some of the features of the invention are described as set forth in the following figures
`
`and description. A better understanding of the features and advantages of the invention will be
`
`obtained by reference to the following detailed description that sets forth illustrative embodiments
`
`provided in accordance with the invention.
`
`[0011]
`
`FIG. 1 illustrates an embodiment of the various components of the interactive game
`
`system.
`
`[0012]
`
`FIG. 2 shows a flowchart of how information flows while playing the interactive game.
`
`[0013]
`
`FIG. 3 shows an example of the overall game architecture.
`
`[0014]
`
`FIG. 4 shows one example of a graphical representation of a screenshot of a moving
`
`tablature on a screen.
`
`[0015]
`
`FIG. 5 shows another example of how notes may scroll across a display screen.
`
`[0016]
`
`FIG. 6 shows an example of visual feedback displayed on a display screen.
`
`[0017]
`
`FIG. 7 illustrates a flowchart of what happens during Diagnostic mode of the game.
`
`[0018]
`
`FIG. 8 illustrates an example of the level structure of each level of the game.
`
`[0019]
`
`FIG. 9 shows the different levels in a mode of the game, which can be selected by the
`
`LlSEI'.
`
`[0020]
`
`FIG. 10 illustrates one example of completion indicators as used to indicate completion
`
`of levels, sub—levels and mini—games.
`
`[0021]
`
`FIG. 11 illustrates a flowchart of what happens during Story mode of the game.
`
`[0022]
`
`FIG. 12 shows a flowchart of the game when Online mode is selected.
`
`[0023]
`
`FIG. 13 shows an example of how a user’s statistics may be displayed.
`
`[0024]
`
`FIG. 14 shows an example of displaying a visual graphical representation of a guitar on
`
`the screen.
`
`[0025]
`
`FIG. 15 shows an example of a display where the actual fingering of a chord or note is
`
`displayed.
`
`[0026]
`
`[0027]
`
`FIG. 16 shows examples of various scrolling methods for the tablature notation.
`
`FIG. 17 shows an example of how the game engine may interact over a network such as
`
`the Internet.
`
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`

`

`DETAILED DESCRIPTION OF INVENTION
`
`[0028]
`
`In the following detailed description, numerous specific details are set forth in order to
`
`provide a thorough understanding of the invention. However it will be understood by those of
`
`ordinary skill in the art that the invention may be practiced without these specific details. In other
`
`instances, well~known methods, procedures, components and circuits have not been described in
`
`detail so as not to obscure the invention. Various modifications to the described embodiments will be
`
`apparent to those with skill in the art, and the general principles defined herein may be applied to
`
`other embodiments. The invention is not intended to be limited to the particular embodiments shown
`
`and described.
`
`[0029]
`
`An aspect of the invention provides an interactive game engine for learning to play the
`
`guitar. In one embodiment of the invention, a MIDI guitar (or guitar using any other format or
`
`protocol such as OSC) is connected to a computer or other platform. The computer or platform is
`
`capable of loading music; such that it can be displayed on a display screen in multiple ways, and
`
`allows the user to read the music and play along. The goal of the software or interactive game
`
`engine is for players to learn how to play the guitar. It is understood that any references herein to
`
`specific file formats do not limit the scope of the invention, but merely provide examples of file
`
`formats that may be used in the implementation of particular embodiments of the invention, and
`
`various other file formats, protocols, etc. are contemplated herein.
`
`[0030]
`
`FIG. 1 illustrates an embodiment of the various components of the system, with a
`
`computer or platform 100 which runs a game engine 120, a guitar input 130, and video and audio
`
`outputs 150. The system may also be optionally connected to a network 140. The guitar input 130
`
`may be a MIDI guitar (or guitar using any other format), which the user can play, and which
`
`provides an input into the computer or platform 100, identifying which strings and frets are being
`
`played by the user or the velocity or timing with which the user plays certain notes or chords. The
`
`game engine 120 may use and process this information.
`[0031]
`Referring to FIG. 2, one example of how information flows during game-play is shown.
`
`A song may be selected from a song library 201. A song interpreter 202 may produce a game
`
`representation of notes 210, to be displayed by the note manager 209 on the graphics display 211.
`
`At the same time, the song provides audio output 204. Viewing this graphics display and hearing the
`
`audio output, a user or player may play either a note or chord on the guitar 205. The MIDI pickup
`
`(or pickup in any other format) 206 may convert the analog signal produced by the guitar into a
`
`digital signal read in by the computer 207 or other platform. The note manager 209 may process the
`
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`

`

`MIDI signal (or signal of another format), and compare it against the selected song. Data derived
`
`from the comparison may be fed back to the game manager 208 and further processed to update the
`
`graphics display 211. Further, a song video 203 which corresponds to the song selected from the
`
`song library 201 may be played in the background via the graphics display 21 1.
`
`[0032]
`
`The song may be a compressed archive of the following resources: a description XML
`
`file giving information about the song’s title, author, and the location of the MusicXML file (or file
`
`of any other format). The file may be a standard file format used for describing both the tonal
`
`representation of the song, as well as formatting information. The file may also provide information
`
`about chord names, additional MP3 tracks (or other types of tracks), or the Video file to play in the
`
`background. When the file is read in, it may be converted into both a graphical representation (for
`
`display), as well as a MIDI representation (or representation in any other format). The note manager
`
`209 may display the notes graphically, depending on notations that may be specified in the file. The
`
`note manager may display the notes to the graphics display 211 in time with the audio output 204 of
`
`the song selected from the song library 201. The notes may be displayed in tablature, a form of
`
`musical notation which tells players where to place their fingers on the guitar. The notes may also
`
`be displayed in modern notation which uses a five-line staff. It is understood that various types of
`
`file formats, including but not limited to the XML or MusicXML file formats, are contemplated.
`
`[0033]
`
`FIG. 3 shows the choices to the user which are available when the game starts, and also
`
`displays the overall game architecture. The game allows for four different modes to be selected
`
`from the game mode selection menu 304: Diagnostic mode 310, Story mode 320, Online mode 330,
`
`and Song Play mode 340. The game also may have a game configuration module 303, which allows
`
`the user to set certain game preferences such as: volume, game difficulty, library repository options,
`
`and network configuration.
`
`[0034]
`
`Referring to FIG. 4, one example of a graphical representation is shown. The image
`
`presented in FIG. 4 is a snapshot of a moving Video image which is shown on a display screen to a
`
`user. The moving image is a moving tablature which prompts the user to play certain chords or
`
`notes, and the manner in which to play them. In FIG. 4, the user is prompted to play the G—chord
`(the 1St string at the 3rdl fret, the 5th string at the 2nd fret, and the 6th string at the 3rd fret, with the 2nd,
`
`3rd, and 4th strings open). As the song plays, the display moves, such that the tablature moves and
`
`progresses in time with the song. In the example given in FIG. 4, the chords or notes move from the
`
`top-right side of the screen to the bottom-left. It is understood by those of ordinary skill in the art,
`
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`that many different variations of this display image are contemplated by the invention, and the
`
`invention is not limited to the specific details of the examples as shown and described herein.
`
`[0035]
`
`As the user listens to the song and watches the display on a display screen, the user may
`
`attempt to play the chords and notes that he or she is prompted to play. Depending on the user’s
`
`accuracy with regard to which fret and strings are actually played, the velocity with which each note
`
`or chord is played, and the timing of the user’s play, the game engine may calculate a score or
`
`provide the user with other feedback as to his or her accuracy.
`
`[0036]
`
`Referring to FIG. 5, another example of how notes may scroll across the display screen
`
`for a user to play is shown. The six strings of the guitar 501 are displayed across the screen. As a
`song plays, notes or tab bubbles 502 move across the screen from the right-side to the left-side in
`
`time with the song. The hit bar/ zone 503 indicates when the notes 502 are supposed to be played.
`
`When the notes 502 reach the hit bar 503, the user is supposed to play the notes 502. The notes are
`
`either shown as individual notes with their duration of play or duration bar, 505 for example, or as
`
`chords, 502 for example. If a chord 502 is being played, the name of the chord 504 may also be
`
`displayed. Further, the stroke—direction may be shown in the duration bar by the strum indicator
`
`506, by the arrows indicating which direction the user is supposed to stroke the chord.
`
`[0037]
`
`As the user listens to the song and watches the display on the display screen, the user may
`
`attempt to play the chords and notes that he or she is prompted to play. Depending on the user’s
`
`accuracy with regard to which fret and strings are actually played, the velocity with which each note
`
`or chord is played, the direction of the strokes, and the timing of the user’s play, the game engine
`
`may calculate a score and score modifiers 507 or provide the user with other feedback 508 as to his
`
`or her accuracy and performance, in the form of a success meter, for example. Further, to immerse
`
`the user or player in the music, a movie or Video 510 may be played in the background.
`
`[0038]
`
`In FIG. 6, a more detailed example of what the visual feedback that a user experiences is
`
`shown. Whenever a user plays a correct note, points 601 may be rewarded along with a textual
`
`representation of the score 602. Thus, the game engine may provide both a numeric indicator for
`
`points scored 601 and a qualitative indicator for a correctly or incorrectly played note 602. For
`
`example, the textual representation of the qualitative indicator 602 may be words of encouragement
`
`or praise such as, “Awesome!” as shown in FIG. 6. The notes or chord 603 may visually appear to
`
`float from the block to which they were attached, and eventually fade and disappear as 604. Thus,
`
`the graphical indicator for the correctly played note 603 may fade and disappear 604. As the chords
`
`and notes are played and the feedback is presented to the user, the performance or success meter 607
`
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`

`(or score and score modifiers 605) may be updated. Further, the game may provide for a
`
`background audience audio feedback, which provides audio output mimicking an audience watching
`
`the user’s performance. As the user plays a particular song, the volume of the background audiences
`
`may be updated in accordance with his or her performance. Thus, the game engine may provide new
`
`audio and video feedback based on the success or failure of the user.
`
`[0039]
`
`As described earlier, when the game starts, the user may choose from four different game
`
`modes from the game selection screen: Story mode, Diagnostic mode, Song Play mode, and Online
`
`mode.
`
`[0040]
`
`In Diagnostic mode, the game engine may allow a user to target certain weaknesses in
`
`technique or with certain songs, and practice and improve upon those particular weaknesses. The
`
`game engine allows a user to learn and grow by learning core elements of certain songs and the
`
`mechanics needed to play them. Referring to FIG. 7, when the user chooses the Diagnostic mode
`
`700, the user may select a song 701. The user may either play the song 702 or may defer to the
`
`game engine to decide which areas of the song that the player or user needs to work on 703. The
`
`song may be broken out into certain sections or parts, which represent different levels of play.
`
`Alternatively, different levels may be different songs of different levels of difficulty. Or, the
`
`different levels may represent different playing skills that a guitarist would like to learn or need to
`
`practice or work on. One skilled in the art can appreciate that the different levels may be defined in
`
`many ways, and that the invention is not limited to the specific descriptions or examples as described
`
`herein.
`
`[0041]
`
`The game engine may assess the user’s past performance and provide the user with
`
`exercises or games to target the areas that the user needs to work on in step 703, and the game
`
`engine may then appropriately determine or form a selection of mini-games to be played in step 704.
`
`As the user selects the mini—game from the options provided by the game engine to play in step 705
`
`and plays the game in step 706, the user is practicing various skills or songs or sections of songs and
`
`targeting certain weaknesses in order to improve overall performance. The results of each game
`
`played are stored in step 709. After the user plays a mini-game, the user may play another game 707
`
`or return to the main menu 708.
`
`[0042]
`
`Referring to FIG. 8, each level 810 may have various songs 804, 805, 806, 807, and 808.
`
`Alternatively, the level 810 may have various segments 804, 805, 806, 807, and 808, which
`
`represent sections of the same song. These sub-levels 804, 805, 806, 807, and 808 make up one
`
`level 810. Each level 810 may have a series of mini-games 801. There may be several types of
`
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`

`

`mini—games as later described. Each sub-level may also have a mini-boss level 802 in which a user
`
`is required to play a song fully through or an entire segment of a song fully through, or even a sub-
`
`level boss 803 in which certain accuracy or performance requirements must be met by the user. As
`
`shown in FIG. 9, the game engine may offer various different levels in the Diagnostic mode, each
`
`with its own sub-levels and mini—games, which can be selected by the user.
`
`[0043]
`
`Referring to FIG. 10, as the user advances or completes certain mini-games, the menu
`
`may indicate completion of the level group 1001, as shown in FIG. 10. For example, the user may
`
`have completed Level 1, so instead of showing the various games and sub-levels available as part of
`
`the menu, the menu may simply display a completion indicator, such as a check-mark 1002, to show
`
`that the user has completed the level group Level 1 (1001). If the user has not yet completed a level
`
`group, such as Level 2 shown in FIG. 10, then the menu may display the various sub-levels and
`
`mini-games that the user may play. For example, in ‘FIG. 10, the menu displays the yet to be played
`
`sub-level 1005, the partially completed sub-level 1006, and the completed sub—level 1007. If the
`
`user has completed a certain sub-level, for example, that particular sub-level may be displayed as
`
`completed with a completion indicator, such as a check-mark 1007. For the various mini-games,
`
`sub-level mini-boss, and sub-level boss, if the user has not completed such mini-games, the lack of
`
`completion may be shown by an open-circle, square or star, for example. As the user completes the
`
`various mini-games within each sub-level, the completion may be indicated by a filled-in circle,
`
`square or star, for example. In any case, the game engine may track which levels, sub—levels, and
`
`mini-games have been completed by the user. Further, the game engine may respond to the user’s
`
`performance, and offer certain mini-games which cater to a user’s particular weaknesses with regard
`
`to certain note or chord sequences, timing, etc. For example, if a user continues to mess up or make
`
`errors and mistakes on a particular chord sequence or in a particular section of a song, the game
`
`engine may create mini—games to address that, and the user may be allowed to practice those
`
`weaknesses through those particular mini—games.
`
`[0044]
`
`In Story mode, users create certain profiles, in which their characters learn certain songs
`
`and play certain mini-games. The user is encouraged then to practice with certain characters, and
`
`thus creates profiles in which his accomplishments or game-performance statistics are saved. In
`
`FIG. 11, a flowchart of the game when Story mode is selected is shown. In Story mode, the user
`
`must either create a new character in step 1103 or continue an old game in step 1101. If the user
`
`elects to continue an old game in step 1101 , then the user must select a character to load in step
`
`1102, the character will load in step 1110, the current level of play will load in step 1105, the user
`
`C:\NrPortbl\PALIBZ\LCV\444103l_1.DOC
`
`-9-
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`WSGR Docket No. 37615-701.101
`
`Petitioners Ex. 1010 Page 11
`
`Petitioners Ex. 1010 Page 11
`
`

`

`will play at that current level in 1106, and the game statistics will be saved in 1107. If the user beats
`
`the level or accomplishes whatever requirements the level has in step 1108, then the user may
`
`advance to the next level. If the user does not beat the level or meet the requirements in step 1108,
`
`then the user may need to repeat the same level in 1109. If the user elects to create a new character
`
`in 1103, then the user will follow the same steps, except the user will start at Level 1 in 1104.
`
`[0045]
`
`By choosing the Online mode from the game selection menu, the user may participate in
`
`playing the mini-games or other games against other users or players. For example, as shown in
`
`FIG. 5 and FIG. 6, if a user is competing against other players online while the user plays a
`
`particular song or game, the user’s status 509, 606 may be shown on top of the screen. FIG. 12
`
`shows a flowchart of the game when Online mode is selected. In step 1201, the Online mode is
`
`selected. The opponent may be selected in step 1202, by the user 1203, by the level 1204, or by the
`
`channel 1205. After the opponent is selected, then the particular game to be played must be selected
`
`in step 1206. As the game is played 1207, the interactive elements and results will be displayed
`
`1208.
`
`[0046]
`
`In Song Play mode, a user may play whatever songs and exercises there are in the game
`
`engine or user’s library of music. For example, a user may be able to play all of the songs and
`
`exercises packaged with the game, unlockable content, and downloadable content. The user may
`
`practice full length songs or partial portions of songs in Song Play mode.
`
`[0047]
`
`Many different types of “mini—games” may be played using the game engine. For
`
`example, a user may play a mini-game, “Notes in a row,” in which a user tries to play as many
`
`scrolling notes as they can until they make a mistake. If a user can play a certain number of “notes
`
`in a row” they will pass or win the mini-game. If they do not, then they may have to play again.
`
`“Notes in a row” may increase in difficulty in the various levels by increasing the tempo of the
`
`scrolling notes, increasing the note complexity, or increasing the number of notes that must be
`
`played without making a mistake. “Notes in a row” may decrease in difficulty in the various levels
`
`by allowing multiple attempts, allowing users to earn more attempts, decreasing the tempo, or
`
`freezing certain notes.
`
`[0048]
`
`Another mini-game that may be played is “Ear training” in which a user is given a tone
`
`audibly, and asked to play the same tone. For example, a user can be given a certain number of
`
`tones that they must play correctly in order to pass or win the mini—game. “Ear training” may
`
`increase in difficulty in the various levels by increasing the note complexity or increasing the
`
`number of tones that must be played correctly in order to pass or win the mini-game. “Ear training”
`
`C:\NrPortbl\PALlBZ\LCV\444103l_l.DOC
`
`-lO-
`
`WSGR Docket No. 37615-701101
`
`Petitioners Ex. 1010 Page 12
`
`Petitioners Ex. 1010 Page 12
`
`

`

`may decrease in difficulty in the various levels by allowing multiple attempts, allowing users to earn
`
`more attempts, or providing a range of possible choices. For example, after hearing the tone, the
`
`user may be shown that the tone is played on the 3rd string, and somewhere between

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