sports video game characters the pattern describes a problem with the real is and these sports video game characters and video gamers were frustrated that their their video game characters didn't represent what was happening in real life the pat video game characters and from the claims column eight lines thirty six three forty each of the updated video game character performance parameters in the series is faced at least part on one or more different real life performances of the particular real life sports athlete in one or more sporting events performed during the single sports season groaners this limitation is a meaningful limitation in that  it takes information was sports how players perform in real life and it converts it into changes its character into a parameter and then that parameter is used in the video game simulation to to create a new video game one that has the benefits of simulating what's happening in real life this claim these are the claim to i think the best example of a  three to three the visual expression and the court there found that because the more fleeting switches the rules had an effect on how the facial features were were created that that was a problem rooted  in the software itself and that's the case here's the the claims are directed to this performance parameter that improves the video game characters and the fact that the parameters are during the season and they're based on real life or different performances of real life athletes create a different video game with benefits that users found enjoyable and overcame their frustrations in the district  the court also or electronic arts so it's several cases to sit for the the idea that updating sports video games is abstract many of them which are this organizing gathering and displaying character yes your honor i think that there is a technological difficulty in in configuring the video game any different way that it can be updated if you produce a new video game and when they're making that video game they have to select the parameters that video game cannot can can't be updated so to speak i mean some of this the improvement here i understand is the updating is it right so it is a different it is difficult once the video games have been created in milled and shipped out to the to the user it can't be updated it's not that it's difficult it's that it can't be done in this video  we would agree that that's a that's an end result in other words you're saying that the it's is such that the particular video game character more closely simulate real life forms attributes but it's all the  that comes you know there's approximately thirty lines or so above that and there's there's meaningful elements of this claim where you have for instance in the loading stuff you have you have individual video game characters that are associated with the performance grammars so when the when you changes when you use a series of parameters that are that change those characters it's that combination of root of elements that creates the that's the point of novelty as i understand it and i'm wondering you know please help me to understand how with the technological improvement here is more than just the  updating the information about particular video game characters so to know your inner respectfully ever i would disagree that it is simply updating step that the improvement happens it's in the it's in the you know it claimed indirectly in the receiving step but but the receiving step is what the fines what the parameter is and so it's a good read let me just focus so in the background and in column one c problem of shooting free throws parameters are stored on the video game medium that cause the different characters to replicate their real life counterparts performance so even that's seems to me to be saying yeah the internal saying this average can be used to set a video game grammar so it's it's the season average it was that you know this this language shows that it's the season average that shows you what you used in those previous critical games and so  our position is i mean i thought i thought i heard you suggest earlier that it wasn't just that there is a database of parameters in the prior art and they're getting up does more than that this is actually somehow configuring the video game so that suddenly the parameters of the parameters are are structurally separate in the video game and therefore  time but i want i really want to answer this question least succinctly and average to cystic is not the same thing as a series of parameters if you if you take an average a season average which is what it says to do here in the background section and you put that into a video game you are stuck in the last season the claims require a series of parameters for each character a series of parameters that are based on different performances and if you use a predator like that that is that's a very different or james murdoch good morning the problem with the pattern here looking at claimed one to representative claim and beyond is that it lacks any detail showing the technological innovation to change a computer computer itself computer technology software technology it is simply a temporal pattern that addresses providing updates that had been provided previously more frequently if you go through the claims there are no details whatsoever on the how the thing that this court has identified as leading to abstract ideas in step question i said is if i write a new game or updating and you said it was which one was it oh by buying a new game yes ok but the concept was there all we are saying now with the five seven five pat is do that same function of would do that same statistical change more frequently but with out and deliberate differently known that's what's not in this pattern that's the problem here there is no hal there is loading receiving transmitting the parameters are not dynamic they are described as data so it is simply a data transferring mechanism with a direction to use a computer and the internet and provide it faster but but it is is in that sense without the how we don't have the instrument in the technology or the change in technology which is implemented right the representative claim describes loading video game data which includes rules and parameters receiving updated parameters and then updating the video game with david parameters the new parameters are recorded on a server and a video game player can connect to the server the video game machine itself is described as an ordinary computer now there is nothing about configuration in this patent despite what the claim say that the game medium is configured because the game machine to perform a method including receiving updates all of this is purely functional language with no indication of an improvement in district court counsel was invited to point to where in the specification there was a technological concept changing the computer itself or changing something about the software itself it's not the patent in fact doesn't claim anything dynamic it claims parameters and parameters in the patent or data so there's nothing novel also about and updating process books get updated all the treatises get updated all the time the federal rules get updated all the time and sometimes supplements come mid year so there is nothing novel about and updating process itself what would be needed here is the change in computer technology that would push this information on an updated basis to the game use or that's what we're looking for and that's what's missing that's the difference with the mc rove case where there was a specially defined set of rules that produced the change you will search this patent in vain for any special rules that relate to computer the computer itself or computer technology what we end up with is an abstract concept of sending transmitting data more frequently using a computer routine continent and no inventive concept describe the features they say are missing from from the pattern and i would like to i think it's helpful to give a somewhat of a hypothetical if you were to take the background section it describes as the prior our being video games and you were to add the internet to it for you all you would get is a video game that had the previous seasons average and it would be accelerated the game when function any differently it would still be stuck in the past and it would still lack the excitement of having a video game that represents real life and i think even here today e a again fails to address  performance parameter limitations these are the pressure of the the claims actually reciting specific features of those parameters in those parameters already a rule if you will write it saying that the parameters are received during the season that they're based on different performances of an athlete and those features are caught nowhere in the in the in the background section of the path the concern is that it might  i'm going to now send downloads to make sure that the character is more current with what's happening in real time how is that a technological advantage as opposed to  is a component of the video the interesting skates out of the video game works and those are unique and novel and different in this case i'd also like to just briefly cover the idea that updating a sports video game that that's what the court helped was an abstract idea and that that is is that is it similar to the cases that this court has previously sermons or the abstract or the