T 0339/13 - Inventive step for virtual pet

Key points

• The independent claims of the auxiliary request speci­fy, in addition to those of the non-inventive main request, that the user interacting with the virtual electronic pet moves a cur­sor back and forth over the display of the virtual pet and, in response to this movement and varying with it, receives as haptic sensation a periodic vibration. The claim further specifies that the virtual pet in question is meant to "be" a cat and the haptic feedback to evoke a "purring sensation".
• These features are found to provide inventive step.
• " The board accepts as a technical problem in the context of virtual pets that of achieving the reliable and re­pro­­ducible perception of a physical interaction with the real pet." 

EPO T 339/13 - link 

Claim 1 according to the auxiliary request reads as follows: [mark-up added]

"A method for providing haptic feedback in interacting with virtual pets, comprising:
controlling a virtual pet via a software application, wherein the virtual pet is a cat;receiving a signal from the software application relating to a biological status of a virtual pet, wherein the biological status refers to a health state of the virtual pet, the biological status having a haptic effect associated therewith;
outputting, to a user-interface object, the associated haptic effect based on said received signal; [[and]]
displaying the virtual pet on a display screen that is coupled to the user-interface object;
wherein the haptic effect is a pulsing sensation, wherein the rate or magnitude of the pulsing sensation indicates the health state of the virtual pet
receiving input from a user, wherein the user moves a cursor back and forth over the display of the virtual pet; andtriggering, in response to the input, a purring sensation, wherein the purring sensation is delivered in the form of a periodic vibration; wherein the magnitude and frequency of the periodic vibration vary with time depending upon the input from the user."

Reasons for the Decision

[...] Auxiliary request

18. The independent claims of the auxiliary request speci­fy, in addition to those of the main request, that the user interacting with the virtual electronic pet moves a cur­sor back and forth over the display of the virtual pet and, in response to this movement and varying with it, receives as haptic sensation a periodic vibration. The claim further specifies that the virtual pet in question is meant to "be" a cat and the haptic feedback to evoke a "purring sensation".

18.1 This interaction is modelled on a real inter­action of an owner with an actual pet, more specifically on the response of a cat to its owner petting it. From this per­spective, the board accepts the appellant's argument that the invention increases the similarity between the physical interaction between a user and its toy, the virtual pet, with that between an owner and his/her real pet.

18.2 The board notes that the owner of a toy must be willing to accept the toy's behaviour as real. This applies to a virtual pet just as well as to other toys such as, for instance, a doll equipped with means to "speak" or to move its eyelids. The board agrees with the exa­mi­ning divi­sion that the "increased realism" cannot be quantified, let alone measured, and considers that this makes it diffi­cult in general to assess whether the goal of in­creased realism is actually achieved. How­ever, the board accepts that it would, in individual cases, be possible to demon­strate whether this goal is achieved. In this regard, the board considers that pro­ducing a toy that mimics reality is not a "simulation" in the same sense of this term used in science and en­gi­nee­ring. In the board's view, less is required for a toy to be perceived as real, or to resemble a real ob­ject, than from a simulation in science, manufactu­ring or system control to achieve its technical pur­pose. Ha­ving said that, the board is satisfied that the user of the claimed method and apparatus has a suffi­ciently re­liable and re­pro­ducible perception of physi­cally inter­acting with a real pet - if only in very ge­neral terms, given the breadth of the claim language and the lack of detail in the description.

18.3 The board accepts as a technical problem in the context of virtual pets that of achieving the reliable and re­pro­­ducible perception of a physical interaction with the real pet. More­over, the board finds that the in­ven­tion solves this prob­lem with technical means, more spe­­ci­fi­cally in terms of techni­cal features of the de­vice in­terface, namely a re­cipro­cati­ng cursor movement and hap­tic feedback.

19. Returning to D1, the board notes that D1, apart from not disclosing any haptic feedback, also does not dis­close any direct interaction between the user and the dis­played pet in a way physically resembling an in­ter­action with a real pet. D2, while disclosing the use of haptic feedback in the context of computer games in ge­neral, does not dis­close its use in the context of vir­tual pets and therefore, in the board's view, does not suggest the specifically claimed interaction between the user and the virtual pet.

20. Therefore, the board concludes that the subject-matter of claims 1 and 8 of the auxiliary request involves the required inventive step over D1 and D2, either separa­tely or in combination.