Also remember that Sony ran into legal problems with Microsoft about having live-playing music in the background of the PS3.
Also, remember this:
Know also that there are patents in the field of controller design:
I would assume that getting as broad as dictating what buttons can do what action (or a control set) is just not granular enough to be patented. It’s unspecific. Furthermore, what kind of damages are you going to claim for something that’s as simple as a control scheme. It’s not really a trade-dress argument, for instance. Also, imagine the amount of prior art to illustrate a game like a FPS, it would be massive. Massive enough that your request for patent would likely be denied.
Then again, consider some of these old patents and their engagement with the industry: