The gameplay being too similar is a bogus argument Microsoft's AI probably snuck in there. I mentioned it to support my point that the DMCA complaint isn't about the birch trees specifically, but that's definitely not an argument that would have worked out legally for Microsoft.
Patents could work out, like for Nintendo in the Palworld case. But DMCA is a copyright dispute, patent law doesn't apply here. And who knows if they even have any relevant patents to accuse this game of violating.