PATENT OWNER'S ORAL HEARING
`DEMONSTRATIVE EXHIBITS
`
`PGR2018-00050
`(U.S. Patent No. 9,675,886)
`
`SUPERCELL OY (Petitioner) v. GREE, INC. (Patent Owner)
`
`1
`
`Demonstrative Exhibit - Not Evidence
`
`

`

`OVERVIEW
`
` Brief Explanation of Claimed Invention
` Overview
`
` Patent Claims
`
` Proposed Substitute Claims
`
` Patent Eligibility of Claimed Invention
` 2019 Revised Subject Matter Eligibility Guidance
`
` Patent Claims
`
` Proposed Substitute Claims
`
`2
`
`Demonstrative Exhibit - Not Evidence
`
`

`

`Brief Explanation of Claimed Invention
`-Overview-
`
` The invention is a
`technological improvement
`to round-based video games
`conducted over servers.
` Transmitting all battle rounds
`at a single time resulted in
`long transmission and waiting
`periods
` Transmitting round by round
`prevented smooth gameplay
`progress
` Such conventional games
`created unnecessary draw on
`system and network
`resources
`
`3
`
`Demonstrative Exhibit - Not Evidence
`
`Source: col. 1, lines 46-54, col. 2, lines 31-42
`
`

`

`Brief Explanation of Claimed Invention
`-Overview-
`
` In claimed invention, a
`predetermined number of
`rounds is included in first
`subset of rounds
`
` In response to detecting a
`first subset of rounds
`completed, a second
`subset of rounds having
`the predetermined
`number is transmitted
`
`4
`
`Demonstrative Exhibit - Not Evidence
`
`Source: col. 10, lines 17-36
`
`

`

`Brief Explanation of Claimed Invention
`-Overview-
`
` Claimed invention also
`identifies terminal attribute
`of user terminal and
`determines the
`predetermined number of
`rounds based on the
`terminal attribute
`
` By setting predetermined
`number of rounds based on
`terminal attribute, efficiency
`of game data transmission is
`improved for each terminal
`having different attribute
`
`5
`
`Demonstrative Exhibit - Not Evidence
`
`Source: col. 3, lines 6-11 and col. 11, lines 28-41
`
`

`

`Brief Explanation of Claimed Invention
`-Overview-
`
` Dr. Zyda's Declaration explains multiple technological improvements
`achieved by claimed invention
`
`6
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 2001, ¶¶23, 29
`
`

`

`Brief Explanation of Claimed Invention
`-Independent Patent Claims-
`
`1. A method comprising:
`
`by a controller, collectively transmitting game view data of a game involving
`multiple opponents and having a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a predetermined number of rounds in
`the plurality of rounds;
`
`identifying a terminal attribute of the user terminal;
`
`determining the predetermined number based on the terminal attribute; and
`
`responsive to detecting that the first subset of the rounds is completed, collectively
`transmitting, to the user terminal, game view data corresponding to a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`(Independent claims 9 and 10 recite similar features)
`
`7
`
`Demonstrative Exhibit - Not Evidence
`
`Source: col. 13, line 58, to col. 14, line 5
`
`

`

`Brief Explanation of Claimed Invention
`-Independent Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal
`connected to a computer over a network, the method being executed by the computer and
`comprising:
`
`
`
`
`
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to be
`transmitted to the user terminal, the determination of the predetermined number of rounds
`being based on the identified terminal attribute and a terminal attribute table storing an
`association between a plurality of terminal attributes and respective predetermined numbers of
`rounds of the battle game;
`
`
`
`
`collectively transmitting to the user terminal first game view data of the battle game
`involving multiple opponents and having a first subset of rounds including the predetermined
`number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed, collectively
`transmitting, to the user terminal, second game view data having a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`(Independent claims 19 and 20 recite similar features)
`
`8
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 12, pp. 26-27
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`
`(USPTO Step 2A)
`
`9
`
`Demonstrative Exhibit - Not Evidence
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`Identifies THREE categories of
`"abstract idea":
`
`STEP 2A – PRONG 1
`
`PROCESS:
`
`(a) Identify the specific limitation(s)
`in the claim (individually or in
`combination) that are believed to
`recite an abstract idea
`
`(b) Determine whether the identified
`limitation(s) fall within one of the
`three identified categories
`
`No longer use prior court
`decisions or USPTO examples
`to identify "abstract idea"
`
`(a) Mathematical concepts—
`mathematical relationships, mathematical
`formulas or equations, mathematical
`calculations
`
`(b) Certain methods of
`organizing human activity—
`
`•
`
`•
`
`fundamental economic principles or practices
`(including hedging, insurance, mitigating risk);
`
`commercial or legal interactions (including
`agreements in the form of contracts; legal
`obligations; advertising, marketing or sales
`activities or behaviors; business relations)
`
`• managing personal behavior or relationships or
`interactions between people (including social
`activities, teaching, and following rules or
`instructions)
`
`10
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 1008
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`
`STEP 2A – PRONG 1(cont.)
`
`Identifies THREE categories of
`"abstract idea" (cont.):
`
`c) Mental processes—concepts
`performed in the human mind (including an
`observation, evaluation, judgment, opinion)
`
`"If a claim, under its broadest reasonable
`interpretation, covers performance in the mind but
`for the recitation of generic computer components,
`then it is still in the mental processes category unless
`the claim cannot practically be performed in the
`mind."
`
`11
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 1008
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`
`STEP 2A – PRONG 2
`
`If the claim recites an enumerated abstract idea, the claim
`as a whole is evaluated to determine whether the claim is "directed"
`to that abstract idea
`
`A claim is not "directed" to the abstract idea when the claim as a
`whole integrates the abstract idea into a "practical application" of
`the abstract idea
`
`A claim that integrates an abstract idea into a practical application will
`"apply, rely on, or use" the abstract idea in a manner that "imposes a
`meaningful limit" on the abstract idea such that the claim "is more
`than a drafting effort designated to monopolize" the abstract idea
`
`"It is critical that examiners consider the claim as a whole" when
`evaluating whether the abstract idea is integrated into a practical
`application—including "conventional elements"
`
`12
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 1008
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`
`STEP 2A – PRONG 2 (cont.)
`
`Non-exhaustive examples of situations in which the claim as a whole
`integrates the recited abstract idea into a practical application of the
`abstract idea include:
`
`• An additional element reflects an improvement in the functioning of
`a computer, or an improvement to other technology or technical
`field
`
`e.g., DDR Holdings, Enfish, McRO, Trading Tech., Visual Memory, Core
`Wireless, Finjan, Data Engine Tech., USPTO Examples 3 and 23, and
`MPEP §2106.05(a)
`
`• An additional element implements an abstract idea with, or uses an
`abstract idea in conjunction with, a particular machine or
`manufacture that is integral to the claim
`
`e.g., Eibel Process Co., Abele, USPTO Example 26, and MPEP
`§2106.05(b)
`
`
`
`13
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 1008
`
`

`

`Patent Eligibility of Claimed Invention
`-USPTO 2019 Revised Guidance-
`
`STEP 2A – PRONG 2
`
`Non-exhaustive examples of situations in which the claim as a whole
`integrates the recited abstract idea into a practical application of the
`abstract idea include (cont.):
`
`• An additional element effects a transformation or reduction of a
`particular article to a different state or thing
`
`e.g., Diehr and MPEP §2106.05(c)
`
`• An additional element applies or uses the abstract idea in some
`other meaningful way beyond generally linking the use of the
`abstract idea to a particular technological environment, such that
`the claim as a whole is more than a drafting effort designed to
`monopolize the abstract idea (preemption)
`
`e.g., Diehr, Finjan, Core Wireless, Data Engine Tech., and MPEP
`§2106.05(e)
`
`
`
`14
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 1008
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`STEP 2A – PRONG 1
`
`Claim 1 (as an example) clearly does not recite any
`mathematical concepts, mental processes, or enumerated
`methods of organizing human activity.
`
`
`Petitioner argues that the claimed controlling of game data
`transmission based on a terminal attribute falls within the
`enumerated category of "methods of organizing human
`activity."
`
`However, the controlling of game data transmission based on a
`terminal attribute is neither a fundamental economic practice,
`commercial interaction, nor a managing of personal
`relationships or interactions between people.
`
`
`15
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 20, p. 6; Paper 22, pp. 2-5
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`STEP 2A – PRONG 2
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`Claim 1 (as an example) is directed to a practical application
`for the same reasons as claim 1 of USPTO Example 40:
`
`
`
`1. A method for adaptive monitoring of traffic data through a
`network appliance connected between computing devices in a
`network, the method comprising:
`
`collecting, by the network appliance, traffic data
`relating to the network traffic passing through the network
`appliance, the traffic data comprising at least one of network
`delay, packet loss, or jitter;
`
`comparing, by the network appliance, at least one of
`the collected traffic data to a predefined threshold; and
`
`collecting additional traffic data relating to the network
`traffic when the collected traffic data is greater than the
`predefined threshold, the additional traffic data comprising
`Netflow protocol data.
`
`16
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 22, pp. 4-10, and Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`
`
`STEP 2A – PRONG 2(cont.)
`
`Example 40: "The claim recites the combination of additional
`elements of collecting at least one of network delay, packet
`loss, or jitter relating to the network traffic passing through the
`network appliance, and collecting additional Netflow protocol
`data relating to the network traffic when the collected network
`delay, packet loss, or jitter is greater than the predefined
`threshold."
`
`It is the combination of transmitting a first subset of rounds
`(having the predetermined number) and then, responsive to
`detecting the first subset is completed, transmitting the second
`subset of rounds having the predetermined number that results
`in one of the improvements to the system and the
`technological field. The claimed data transmission method
`results in a reduction in the processing load and the processing
`time, thereby decreasing the user's wait time and at the same
`time reducing the unnecessary draw on system and network
`resources that would result from transmission of all rounds at a
`single time. Also, the claimed data transmission method
`results in an increase in processing speed of the game data and
`an increase in efficiency of gameplay, while at the same time
`reducing the unnecessary draw on system and network
`resources that would result from interrupting gameplay to
`transmit each round one at a time.
`
`17
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Exhibit 2001, ¶¶19-21; Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`
`
`STEP 2A – PRONG 2(cont.)
`
`Example 40: "Although each of the collecting steps analyzed
`individually may be viewed as mere pre- or post-solution
`activity, the claim as a whole is directed to a particular
`improvement in collecting traffic data. Specifically, the
`method limits collection of additional Netflow protocol data to
`when the initially collected data reflects an abnormal
`condition, which avoids excess traffic volume on the network
`and hindrance of network performance. The collected data
`can then be used to analyze the cause of the abnormal
`condition. This provides a specific improvement over prior
`systems, resulting in improved network monitoring. The
`claim as a whole integrates the mental process into a practical
`application. Thus, the claim is eligible because it is not
`directed to the recited judicial exception."
`
`Like the claim of Example 40, independent claims 1, 9 and 10
`reduce the unnecessary draw on system and network resources
`by determining how many rounds to transmit at a time (i.e., in
`a subset) based on an attribute of the terminal, and then
`transmitting the next subset only after detecting the first subset
`is completed.
`
`
`
`18
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 22, pp. 4-10, and Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`
`STEP 2A – PRONG 2(cont.)
`The claims are thus directed to a practical application because
`they provide an improvement to the computer and an
`improvement to the technological field.
`
`By transmitting a subset of rounds at a time, the unnecessary
`draw on system and network resources is reduced while
`gameplay efficiency is increased, as compared with conventional
`arrangements.
`
`By setting the predetermined number of rounds based on an
`attribute of the user terminal, the claimed invention can best
`improve processing speed while reducing the draw on computer
`and network resources in a manner the conventional systems
`failed to accomplish for each terminal.
`
`19
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 22, p. 6
`
`
`

`

`Patent Eligibility of Claimed Invention
`-Patent Claims-
`
`A method comprising:
`1.
`by a controller, collectively transmitting game
`
`view data of a game involving multiple opponents and having
`a set of a plurality of rounds to a user terminal, the game view
`data corresponding to a first subset of rounds including a
`predetermined number of rounds in the plurality of rounds;
`
`identifying a terminal attribute of the user
`terminal;
`determining the predetermined number based
`
`on the terminal attribute; and
`
`responsive to detecting that the first subset of
`the rounds is completed, collectively transmitting, to the user
`terminal, game view data corresponding to a second subset of
`rounds including the predetermined number of rounds
`subsequent to the completed rounds.
`
`
`
`STEP 2A – PRONG 2(cont.)
`
`Elements of the claims apply or use the alleged abstract idea in
`some other meaningful way beyond generally linking its use to a
`particular technological environment, such that the claims as a
`whole are more than a drafting effort designed to monopolize the
`exception.
`
`In particular, claims 1, 9, and 10 include elements that
`specifically limit how the data transmission is performed. For
`example, the "predetermined number" of rounds included in each
`transmission is determined based on an identified terminal
`attribute, and the first and second subset of rounds include the
`predetermined number of rounds determined in this manner.
`Also, the second subset of rounds is transmitted responsive to
`detecting that the first subset is completed. These elements
`specifically limit how and when the claimed invention transmits
`the game view data, and thus prevent the claims from covering
`(i.e., preempting) any game that determines the number of rounds
`to be sent based on something other than a terminal attribute, and
`any game that transmits the rounds at a different timing.
`
`20
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 22, p. 8
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal connected to
`a computer over a network, the method being executed by the computer and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to be
`transmitted to the user terminal, the determination of the predetermined number of rounds being
`based on the identified terminal attribute and a terminal attribute table storing an association
`between a plurality of terminal attributes and respective predetermined numbers of rounds of the
`battle game;
`
`
`
`
`collectively transmitting to the user terminal first game view data of the battle
`game involving multiple opponents and having a first subset of rounds including the predetermined
`number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed, collectively
`transmitting, to the user terminal, second game view data having a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`STEP 2A – PRONG 1
`
`Claim 11 (as an example) clearly does not recite
`any mathematical concepts, mental processes, or
`enumerated methods of organizing human
`activity.
`
`Petitioner argues that the claimed controlling of
`game data transmission based on a terminal
`attribute falls within the enumerated category of
`"methods of organizing human activity."
`
`However, the controlling of game data
`transmission based on a terminal attribute is
`neither a fundamental economic practice,
`commercial interaction, nor a managing of
`personal relationships or interactions between
`people.
`
`
`
`21
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 21, p. 10, Paper 23, pp. 4-5
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal
`connected to a computer over a network, the method being executed by the computer
`and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to
`be transmitted to the user terminal, the determination of the predetermined number of
`rounds being based on the identified terminal attribute and a terminal attribute table
`storing an association between a plurality of terminal attributes and respective
`predetermined numbers of rounds of the battle game;
`
`
`collectively transmitting to the user terminal first game view data of the
`battle game involving multiple opponents and having a first subset of rounds including the
`predetermined number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed,
`collectively transmitting, to the user terminal, second game view data having a second
`subset of rounds including the predetermined number of rounds subsequent to the
`completed rounds.
`
`STEP 2A – PRONG 2
`
`Claim 11 (as an example) is directed to a practical
`application for the same reasons as claim 1 of
`USPTO Example 40:
`
`
`
`1. A method for adaptive monitoring of traffic
`data through a network appliance connected
`between computing devices in a network, the
`method comprising:
`
`collecting, by the network appliance,
`traffic data relating to the network traffic passing
`through the network appliance, the traffic data
`comprising at least one of network delay, packet
`loss, or jitter;
`
`comparing, by the network appliance, at
`least one of the collected traffic data to a
`predefined threshold; and
`
`collecting additional traffic data relating to
`the network traffic when the collected traffic data
`is greater than the predefined threshold, the
`additional traffic data comprising Netflow
`protocol data.
`
`22
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 23, pp. 6-8; Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal
`connected to a computer over a network, the method being executed by the computer
`and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to
`be transmitted to the user terminal, the determination of the predetermined number
`of rounds being based on the identified terminal attribute and a terminal attribute table
`storing an association between a plurality of terminal attributes and respective
`predetermined numbers of rounds of the battle game;
`
`
`collectively transmitting to the user terminal first game view data of
`the battle game involving multiple opponents and having a first subset of rounds
`including the predetermined number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed,
`collectively transmitting, to the user terminal, second game view data having a second
`subset of rounds including the predetermined number of rounds subsequent to the
`completed rounds.
`
`STEP 2A – PRONG 2(cont.)
`
`Example 40: "The claim recites the combination
`of additional elements of collecting at least one of
`network delay, packet loss, or jitter relating to the
`network traffic passing through the network
`appliance, and collecting additional Netflow
`protocol data relating to the network traffic when
`the collected network delay, packet loss, or jitter
`is greater than the predefined threshold."
`
`It is the combination of transmitting a first subset
`of rounds (having the predetermined number) and
`then, responsive to detecting the first subset is
`completed, transmitting the second subset of
`rounds having the predetermined number that
`results in one of the improvements to the system
`and the technological field. The claimed data
`transmission method results in a reduction in the
`processing load and the processing time, and at
`the same time, an increase in processing speed of
`the game data and an increase in efficiency of
`gameplay, while reducing the unnecessary draw
`on system and network resources that would
`result from conventional games.
`
`23
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 23, p. 6; Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal connected to
`a computer over a network, the method being executed by the computer and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to be
`transmitted to the user terminal, the determination of the predetermined number of rounds being
`based on the identified terminal attribute and a terminal attribute table storing an association
`between a plurality of terminal attributes and respective predetermined numbers of rounds of the
`battle game;
`
`
`
`collectively transmitting to the user terminal first game view data of the battle
`game involving multiple opponents and having a first subset of rounds including the predetermined
`number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed, collectively
`transmitting, to the user terminal, second game view data having a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`STEP 2A – PRONG 2(cont.)
`
`Example 40: "Specifically, the method
`limits collection of additional Netflow
`protocol data to when the initially collected
`data reflects an abnormal condition, which
`avoids excess traffic volume on the network
`and hindrance of network performance.
`The collected data can then be used to
`analyze the cause of the abnormal
`condition. This provides a specific
`improvement over prior systems, resulting
`in improved network monitoring. The
`claim as a whole integrates the mental
`process into a practical application. Thus,
`the claim is eligible because it is not
`directed to the recited judicial exception."
`
`Like the claim of Example 40, independent
`claims 11, 19 and 20 reduce the
`unnecessary draw on system and network
`resources by determining how many rounds
`to transmit at a time (i.e., in a subset) based
`on an attribute of the terminal and a
`terminal attribute table, and then
`transmitting the next subset only after
`detecting the first subset is completed.
`
`24
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 23, p. 6; Exhibit 2005
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal connected to a
`computer over a network, the method being executed by the computer and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to be
`transmitted to the user terminal, the determination of the predetermined number of rounds being
`based on the identified terminal attribute and a terminal attribute table storing an association
`between a plurality of terminal attributes and respective predetermined numbers of rounds of the
`battle game;
`
`
`
`
`collectively transmitting to the user terminal first game view data of the battle
`game involving multiple opponents and having a first subset of rounds including the predetermined
`number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed, collectively
`transmitting, to the user terminal, second game view data having a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`STEP 2A – PRONG 2(cont.)
`
`
`The claims are thus directed to a practical
`application because they provide an
`improvement to the computer and an
`improvement to the technological field.
`
`By transmitting a subset of rounds at a
`time, the unnecessary draw on system and
`network resources is reduced while
`gameplay efficiency is increased, as
`compared with conventional arrangements.
`
`By setting the predetermined number of
`rounds based on an attribute of the user
`terminal and a terminal attribute table
`storing an association as claimed, the
`claimed invention can best improve
`processing speed while reducing the draw
`on computer and network resources in a
`manner the conventional systems failed to
`accomplish for each terminal.
`
`25
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 23, pp. 6-7; Exhibit 2001, ¶¶19-23 and 29-36
`
`

`

`Patent Eligibility of Claimed Invention
`-Substitute Claims-
`
`11. A method of optimizing data transmission of a battle game to a user terminal connected to a
`computer over a network, the method being executed by the computer and comprising:
`
`identifying a terminal attribute of the user terminal;
`
`determining a predetermined number of rounds of battle game data to be
`transmitted to the user terminal, the determination of the predetermined number of rounds being
`based on the identified terminal attribute and a terminal attribute table storing an association
`between a plurality of terminal attributes and respective predetermined numbers of rounds of the
`battle game;
`
`
`
`
`collectively transmitting to the user terminal first game view data of the battle
`game involving multiple opponents and having a first subset of rounds including the predetermined
`number of rounds; and
`
`responsive to detecting that the first subset of rounds is completed, collectively
`transmitting, to the user terminal, second game view data having a second subset of rounds
`including the predetermined number of rounds subsequent to the completed rounds.
`
`STEP 2A – PRONG 2(cont.)
`
`
`Elements of the claims apply or use the
`alleged abstract idea in some other
`meaningful way beyond generally linking
`its use to a particular technological
`environment, such that the claims as a
`whole are more than a drafting effort
`designed to monopolize the exception.
`
`The claims include elements that
`specifically limit how and when the data
`transmission is performed. These elements
`thus prevent the claims from covering (i.e.,
`preempting) any game that determines the
`number of rounds to be sent based on
`something other than a terminal attribute
`and a terminal attribute table storing an
`association as claimed, and any game that
`transmits the rounds at a different timing.
`
`
`26
`
`Demonstrative Exhibit - Not Evidence
`
`Source: Paper 23, p. 7
`
`