Prosecution Insights
Last updated: October 01, 2026
Application No. 17/921,377

CONTROL FOR USING INFORMATION PROCESSING APPARATUS EXISTING IN REAL SPACE IN VIRTUAL SPACE

Non-Final OA §112
Filed
Jan 16, 2025
Priority
Jul 28, 2022 — nonprovisional of PCTJP2022029101
Examiner
BRIER, JEFFERY A
Art Unit
2611
Tech Center
2600 — Communications
Assignee
Rakuten Mobile Inc.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
671 granted / 870 resolved
+15.1% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
879
Total Applications
across all art units

Statute-Specific Performance

§101
19.6%
-20.4% vs TC avg
§103
24.3%
-15.7% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
31.0%
-9.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 870 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Submissions The Abstract, Specification, and Claims filed on 01/16/2025 have been entered. CLAIM INTERPRETATION The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. Claims 1-10 have been interpreted under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) to not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) claim interpretation. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 8 each claim “detection processing for detecting an operation on a predetermined operation area; and” and “when the communication apparatus follows the operation”. Claim 9 claims “a detection step of detecting an operation on a predetermined operation area; and” and “when the communication apparatus follows the operation”. Claims 1, 8, and 9 each claim “displaying a first image representing a virtual space while displaying a second image from a communication apparatus in a predetermined display area”. The claimed “displaying a first image representing a virtual space while displaying a second image from a communication apparatus in a predetermined display area” in each of claim 1, 8, and 9 is unclear regarding the location of the “predetermined display area” relative to the virtual space, refer to FIGs. 8C & 8D which illustrates outer frame 84 and the display area 85 of the VR real smartphone and refer to FIGs. 8E & 8F which illustrates outer frame 87 and the display area 88 of the VR real smartphone which could be used a basis to clarify this issue. Note the described display area 85/88 may be different than the claimed “predetermined display area” or may be the claimed “predetermined display area” or the area of VR image 80C/80D/80E/80F covered by 84/85/86 and 87/88/89 may be the claimed “predetermined display area”. The claimed “detecting an operation on a predetermined operation area” in each of claim 1, 8, and 9 is unclear regarding the metes and bounds of the claimed “predetermined operation area”. Applicant’s written description describes selection area 82 present in FIG. 8B and paragraph [0046], describes “in-VR real smartphone” has been selected by S609 present in FIG. 6 and paragraph [0047], describes detect terminal operation virtual space present in S612 in FIG. 6 discussed in paragraph [0050], describes “superimposed display real smartphone” has been selected by S701 present in FIG. 7 and paragraph [0054], and describes detect terminal operation in S703 in FIG. 7 discussed in paragraph [0055]. However, these five areas of the specification do not assist in claim interpretation of the claimed “detecting an operation on a predetermined operation area”. Therefore, the claimed “detecting an operation on a predetermined operation area” is indefinite. The claimed “when the communication apparatus follows the operation” in each of claim 1, 8, and 9 is unclear regarding the metes and bounds of the claimed “follows the operation”. Applicant’s written description describes detect terminal operation in virtual space in S612 and superimposed display in display area in S615 both in FIG. 6 and discussed in paragraphs [0050] and [0051] and describes detect terminal operation in S703 and superimposed display in display area in S704 both in FIG. 7 and discussed in paragraphs [0055] and [0056]. However, these two areas of the specification do not assist in claim interpretation of the claimed “follows the operation”. Therefore, the claimed “when the communication apparatus follows the operation” is indefinite. Claims 2, 3, 5, and 7 inherit and do not correct the indefinite issues present in their respective parent claims. Claim 4 inherits and does not clarify even in light of the furthering limitations of “wherein the display area and the operation area at least partially overlap each other”. Therefore, the claimed “detecting an operation on a predetermined operation area” is indefinite. Furthermore, in view of FIGs. 8E and 8F the metes and bounds of “at least partially overlap each other” is ambiguous. the location of the “predetermined display area” relative to the virtual display 80E/80F Claim 6 inherits and does not clarify even in light of the furthering limitations of “wherein the display area and the operation area at least partially overlap each other”, which is the same furthering limitations present in claim 4 and discussion of claim 4 applies to this claim and incorporated by reference. Claim 9 inherits and does not clarify even in light of the furthering limitations of “a remote operation is being performed, on a screen of the communication apparatus” for at least two reasons. First unclear if this operation corresponds to S609, S701, or S703 or other step. Second unclear where the “remote operation is being performed” in view of the comma present in “, on a screen of the communication apparatus”. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Herling et al., US Patent Application Publication No. 2021/0132683, describes location of virtual keyboard 550 tracks the location of real keyboard 420, refer to FIGs. 4 and 5 and paragraphs [0051] and [0052]. Silent with regard to the claimed “a predetermined display area”. Pahud et al., US Patent Application Publication No. 2018/0321737, describes “floating virtual space input interface 250”, refer to FIGs. 5 to 7 and paragraphs [0046] and [0047]. Silent with regard to the claimed “a predetermined display area”. Park et al., US Patent Application Publication No. 2017/0160812, describes with regard to the claimed “a predetermined display area” “ display locked second content on the virtual reality screen”, refer to the abstract, paragraph [0013] and claim 1. Silent with regard to the claimed “a third image to be displayed on the communication apparatus when the communication apparatus follows the operation.”. Terahata, US Patent Application Publication No. 2016/0364916, describes user interacts with widget 201 by not directly interacting with the widget 201 but by using another control such as external controller 1340, refer to paragraphs [0124] and [0130]. Silent with regard to the claimed “a predetermined display area”. Lozada et al., WO 2022192011 A1, describes a real phone 414 and virtual phone 404 corresponding to real phone 414 but displayed in location and pose that can be different than the real phone 414, refer to FIGs. 4D to 4I and paragraph [0049]-[0065]. Silent with regard to the claimed “a predetermined display area”. Elisa Maria Klose et al. article describes various spatial anchoring techniques of User Interfaces, refer to discussion of spatial anchoring of User Interfaces in sections 3.2 and Figure 1. Fengyuan Zhu et al. article published after this Application’s effective filing date describes work prior to this Application’s effective filing date, refer to discussion of spatial anchoring of User Interfaces in sections 2.1 and 3.1-3.2.2. Allowable Subject Matter Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest in the context of each of independent claims 1, 8, and 10 “displaying a second image from a communication apparatus in a predetermined display area”, “detecting an operation on a predetermined operation area”, and “displaying, in the display area, a third image to be displayed on the communication apparatus when the communication apparatus follows the operation”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A BRIER whose telephone number is (571)272-7656. The examiner can normally be reached on Mon-Fri from 8:30am-3:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu, can be reached at telephone number 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. JEFFERY A. BRIER Primary Examiner Art Unit 2613 /JEFFERY A BRIER/Primary Examiner, Art Unit 2613
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Prosecution Timeline

Jan 16, 2025
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
86%
With Interview (+8.7%)
3y 0m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 870 resolved cases by this examiner. Grant probability derived from career allowance rate.

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