Well, there's plenty of weird edge cases where someone could argue you are on a loading screen.
For example: Star Wars Battlefront. When you put the disc in and start the game, you get to play as Darth Vader on a small map, while the game is installing. You cannot get out of this level until the game is fully installed. One could argue that you are playing a game while on an invisible loading screen. It's probably the fact that you don't have a loading bar that stops the game from infringing on the patent.
For example: Star Wars Battlefront. When you put the disc in and start the game, you get to play as Darth Vader on a small map, while the game is installing. You cannot get out of this level until the game is fully installed. One could argue that you are playing a game while on an invisible loading screen. It's probably the fact that you don't have a loading bar that stops the game from infringing on the patent.