Prosecution Insights
Last updated: July 17, 2026
Application No. 18/388,906

RECORDING MEDIUM AND INFORMATION PROCESSING DEVICE

Final Rejection §102
Filed
Nov 13, 2023
Priority
May 13, 2021 — JP 2021-081405 +1 more
Examiner
DOSHI, ANKIT B
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Sega Corporation
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
372 granted / 557 resolved
-3.2% vs TC avg
Strong +22% interview lift
Without
With
+21.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
36 currently pending
Career history
596
Total Applications
across all art units

Statute-Specific Performance

§101
21.6%
-18.4% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 557 resolved cases

Office Action

§102
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 . Applicant’s Submission of a Response Applicant’s submission of a response on 2/4/2026 has been received and considered. In the response, Applicant amended claims 1 – 3, 5, 6; cancelled claim 4 and added new claim 7. Therefore, claims 1 – 3 and 5 – 7 are pending. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1 – 3 and 5 – 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ninoles et al. (US Pub. No. 2018/0133603 A1). As per claim 1, Ninoles et al. discloses a non-transitory computer readable recording medium storing instructions (a non-transitory computer readable medium including computer code instructions that, when executed by one or more processors, cause data processing system to perform the method, see Fig. 5 and [0060]) for an information processing device that comprises a processor (see Fig. 5:510), a display device (see Fig. 5:535), and an audio output device (each video game stream comprises a respective video sequence and a respective audio sequence, which the spectator client application plays at the spectator client device, see Fig. 1 and Fig. 5), the instructions causing the processor to execute: acquiring a game video from a distribution server (spectator client device receives the selected video game stream from the live streaming system, such as Twitch, Ustream, YouTube Gaming, etc, see [0034] – [0035]); identifying a game based on the game video (a common stream identifier (stream ID) that identifies the game play is assigned and is embedded in the corresponding game video stream provided to the live streaming system and a spectator client device may query the system regarding current streams playing, see Fig. 2, [0041] – [0042]); acquiring, from a management system that stores various types of reference information on different games (the composing and broadcast system and its data streaming engine, which maintains game data associated with the players and graphical objects and executes a plurality of clusters of virtual servers associated with a respective plurality of games/ game broadcast sessions, see Fig. 1 and 2 and [0018], [0025]), reference information including player information and game character information corresponding to the game identified based on the game video (the Players.List data includes information relating to each of the players, such as unique player identification information, e.g., a respective avatar name (player information), and character information for each player (game character information); the event data further includes, for the various players/avatars, respective game scores, equipment, health states and emotional states, and each data frame carries the same stream ID as the identified game video, see Fig. 1 and 2 and [0043] – [0045] and [0052]); combining the game video and the reference information to generate a final video (the spectator client device displays an interactive overlay carrying the game data, temporally and spatially synchronized with the video, over the displayed frames of the video game stream, see Fig.3 and [0019], [0036], [0037]); and presenting, via the display device and the audio output device, the final video including the player information and the game character information on the game currently being played (upon display of the game video, the spectator client device displays game information associated with the graphical objects, e.g., a game score, equipment or armory, health states and emotional states, over the video frames while the application plays the live video and audio of the game currently being played, see Fig. 3, [0022] – [0024], [0032], [0033]). As per claim 2, Ninoles et al. discloses identifies a distributor of the game video (a player client device initiates a live game streaming session to broadcast its game play, the system identifies, via the Game.Camera data and Viewport.Matrix data, which player’s viewpoint/stream is selected for distribution to spectators, see [0044], [0045], [0047]), and acquires, as the reference information, a different type of distributor information depending on the distributor (the game scores, equipment, and other player/avatar information acquired and displayed differ depending on which player’s stream/viewpoint is selected and distributed, see Fig. 2 and 3 and [0053], [0056], [0057]). As per claim 3, Ninoles et al. discloses prior to distribution of the game video, receiving setting of a type of the reference information from the distributor (the game engine/administrator registers a new stream with the composing and broadcast system via the control services and configures the game data/metadata to be provided, e.g., via the administrative interface and the registration process, see [0030] – [0031]), and acquires, as the reference information, the distributor information of the type set by the distributor (the data streaming engine generates and streams data frames carrying the configured game data/metadata, see [0033], [0039], [0043] and [0044]). As per claim 5, Ninoles et al. discloses identifies a progress status of the game in the game video (the Game.Start data, the Events / Game.Kill data, and the Game.End data indicate the progress status of the game, see Fig. 2:205c, 205g, 205i, see [0043] –[0048]), and acquires, as the reference information, a different type of the content information depending on the progress status of the game (the event/game data provided to the spectator client varies with the progress of the game, e.g., elimination/kill events and updated remaining-player information as provided as the game progresses, see Fig. 2 and [0046]). As per claim 6, Ninoles et al. discloses an information processing device, comprising: a processor (see Fig. 5:510), a display device (see Fig. 5:535), and an audio output device (each video game stream comprises a respective video sequence and a respective audio sequence, which the spectator client application plays at the spectator client device, see Fig. 1 and Fig. 5), wherein the processor: acquires a game video from a distribution server (spectator client device receives the selected video game stream from the live streaming system, such as Twitch, Ustream, YouTube Gaming, etc, see [0034] – [0035]); identifies a game based on the game video (a common stream identifier (stream ID) that identifies the game play is assigned and is embedded in the corresponding game video stream provided to the live streaming system and a spectator client device may query the system regarding current streams playing, see Fig. 2, [0041] – [0042]); acquires, from a management system that stores various types of reference information on different games (the composing and broadcast system and its data streaming engine, which maintains game data associated with the players and graphical objects and executes a plurality of clusters of virtual servers associated with a respective plurality of games/ game broadcast sessions, see Fig. 1 and 2 and [0018], [0025]), reference information including player information and game character information corresponding to the game identified based on the game video (the Players.List data includes information relating to each of the players, such as unique player identification information, e.g., a respective avatar name (player information), and character information for each player (game character information); the event data further includes, for the various players/avatars, respective game scores, equipment, health states and emotional states, and each data frame carries the same stream ID as the identified game video, see Fig. 1 and 2 and [0043] – [0045] and [0052]); combines the game video and the reference information to generate a final video (the spectator client device displays an interactive overlay carrying the game data, temporally and spatially synchronized with the video, over the displayed frames of the video game stream, see Fig.3 and [0019], [0036], [0037]); and presents, via the display device and the audio output device, the final video including the player information and the game character information on the game currently being played (upon display of the game video, the spectator client device displays game information associated with the graphical objects, e.g., a game score, equipment or armory, health states and emotional states, over the video frames while the application plays the live video and audio of the game currently being played, see Fig. 3, [0022] – [0024], [0032], [0033]). As per claim 7, Ninoles et al. discloses the game is a game in which multiple players join (a multi-player online game in which separate player client devices control separate or distinct player avatars, [0021]) and the processor further executes: presenting the final video including the player information and the game character information for each of the players such that the player information and the game character information of one player is arranged to be compared with the player information and the game character information of another player on a screen (the spectator client device displays a plurality of interactive overlays, each associated with a respective player avatar, simultaneously over the displayed video frames, such that the game information for each player is presented and arranged together on the screen, see Fig. 3, [0021], [0043], [0050], [0052]). Response to Arguments Applicant’s arguments with respect to claims 1 – 3 and 5 – 6 have been considered but are moot because the arguments do not apply to all of the references being used in the current rejection. Applicant's arguments directed to the 35 USC 102 rejection in view of Oshima have been addressed as part of the rejection of the claims. Examiner directs Applicant to the teachings of Ninoles et al. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~8:30 - ~5:30. 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) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANKIT B DOSHI/Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Nov 13, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection mailed — §102
Feb 04, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
88%
With Interview (+21.7%)
3y 1m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 557 resolved cases by this examiner. Grant probability derived from career allowance rate.

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