Prosecution Insights
Last updated: July 17, 2026
Application No. 18/388,922

Virtual Game Controller

Non-Final OA §102§112
Filed
Nov 13, 2023
Examiner
LEICHLITER, CHASE E
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Backbone Labs Inc.
OA Round
2 (Non-Final)
64%
Grant Probability
Moderate
2-3
OA Rounds
7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
437 granted / 680 resolved
-5.7% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
713
Total Applications
across all art units

Statute-Specific Performance

§101
18.8%
-21.2% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 680 resolved cases

Office Action

§102 §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 Amendment Examiner acknowledges receipt of amendment/remarks filed 03/02/2026. The arguments set forth are addressed herein below. Claims 1-20 remain pending, no Claims have been newly added, and no Claims have been currently canceled. Currently, no Claims have been amended. No new matter appears to have been entered. 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 14-16 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. Claim 14 recites the limitation "the selection of the different game mode is determined from a contextual clue " in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 15 recites the limitation "the selection of the different game mode is made via user interaction with a displayed radial wheel " in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 16 is rejected as it depends from rejected claim 15. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 and is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Eng et al. (US 2015/0202533 A1) (henceforth, “Eng”). Regarding claims 1, 11, and 17, Eng teaches a method and game controller comprising: a control surface (e.g., mechanical input controls 220 in Fig. 2); one or more processors (e.g., CPU 102 in Para. 16); a non-transitory computer-readable medium (e.g., system memory 104 in Para. 16); and program instructions stored on the non-transitory computer-readable medium that (e.g., system memory 104 in Para. 16-18), when executed by the one or more processors, cause the one or more processors to perform functions comprising: receiving a selection of a game to play (e.g., a particular application 311 (i.e., Application 311 is any suitable software application configured to run on video gaming console 200, wherein, application 311 is a video game application in Para. 29) is first launched in video gaming console 200 in Para. 43); receiving a map from a computing device (e.g., video game console 200 in Para. 24) comprising a touch screen (e.g., integrated screen 201 in Para. 25), wherein the map is automatically configured, without user configuration, to convert an input representing an actuation of the control surface into a touch screen input (e.g., execute software applications that are designed for touchscreen interactions on computing devices with mechanical controls, mechanical control inputs can be implemented as on-screen gestures in a software application that is normally controlled by touchscreen gestures, and mapper service 330 includes multiple mappings of mechanical control inputs and service client 331 is configured to recognize control inputs (for example when mechanical input controls 220 are manipulated by a user), translate these control inputs into instructions recognizable to application 311, and send the instructions to OS 310 to be included in or performed by application 311 in Para. 4, Para. 6, Para. 27, and Para. 32-33); receiving the input representing the actuation of the control surface (e.g., recognize control inputs (for example when mechanical input controls 220 are manipulated by a user) in Para. 32); using the map to convert the input representing the actuation of the control surface into the touch screen input (e.g., service client 331 is configured to recognize control inputs (for example when mechanical input controls 220 are manipulated by a user), translate these control inputs into instructions recognizable to application 311, and send the instructions to OS 310 to be included in or performed by application 311 in Para. 32); and sending the touch screen input to the computing device (e.g., send the instructions to OS 310 to be included in or performed by application 311 in Para. 32). Regarding claims 2 and 18, Eng teaches at least one additional control surface, wherein the map is further automatically configured, without user configuration, to convert a combination of actuations of the control surface and the at least one additional control surface into another touch screen input (Para. 34-41). Regarding claim 3, Eng teaches the map is one of a plurality of maps stored in the game controller, and wherein each of the plurality of maps is associated with a different game (e.g., the disclosed techniques provide a way to effectively execute software applications (i.e., different games) that are designed for touchscreen interactions on computing devices with mechanical controls and a separate mapping of mechanical control inputs to on-screen gestures is generated and stored for each of multiple scenes in a software application in Para. 59). Regarding claim 4, Eng teaches receiving the map from the computing device after user selection of a game to play using the computing device (e.g., whenever a particular application 311 is first launched in video gaming console 200, application client 312 determines whether a suitable application-specific mapping 340 is present in video gaming console 200 in Para. 43). Regarding claim 5, Eng teaches receiving, from the computing device, information about a configuration of the touch screen of the computing device (e.g., each scene has a different configuration of touchscreen-based controls in Para. 29); and automatically scaling the touch screen input for the configuration of the touch screen of the computing device (e.g., scene change and touch location changed in Para. 40). Regarding claim 6, Eng teaches presenting the game controller to the computing device as both a game controller and an external touch screen (e.g., touch screen 201 and mechanical input controls 220 in Fig. 2 and Para. 30-31). Regarding claim 7, Eng teaches the input representing the actuation of the control surface is converted into the touch screen input via a touch synthesis engine (e.g., mapper service 330 in Para. 32). Regarding claims 8 and 13, Eng teaches receiving a selection of a different game mode; and in response to receiving the selection of the different game mode, using a different map (Para. 34-41). Regarding claims 9 and 14, Eng teaches the selection of the different game mode is determined from a contextual clue (e.g., specific touchscreen control icons or other shapes in Para. 41). Regarding claims 10 and 15, Eng teaches the selection of the different game mode is made via user interaction with a displayed radial wheel (e.g., menu that operates outside of application 311 in Para. 44). Regarding claims 12 and 20, Eng teaches the map is fetched from a network location (Para. 43). Regarding claim 16, Eng teaches enabling a human interface device (HID) touch screen; disabling a HID game controller; displaying overlays; and launching the game (e.g., menu that operates outside of application 311 in Para. 34-44). Regarding claim 19, Eng teaches the map is fetched in response to selection of a game associated with the map (Para. 43). Response to Arguments Applicant’s arguments, see response, filed 03/02/2026, with respect to the prior art rejection(s) of claim(s) 1-20 under Mays have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Eng (see above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is listed on the attached Notice of References Cited. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHASE E LEICHLITER whose telephone number is (571)270-7109. The examiner can normally be reached Monday-Friday (10-6). 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 Kang Hu can be reached at (571)270-1344. 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. /CHASE E LEICHLITER/Primary Examiner, Art Unit 3715
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Prosecution Timeline

Nov 13, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102, §112
Feb 27, 2026
Examiner Interview Summary
Feb 27, 2026
Applicant Interview (Telephonic)
Mar 02, 2026
Response Filed
Jun 02, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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GAMING SYSTEMS AND METHODS WITH EXPANDABLE SYMBOL ACCUMULATION
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SYSTEM AND METHOD FOR INCREASING USER ENGAGEMENT WITH ONLINE SPORTS BETTING
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Patent 12640003
GAMING DEVICES AND METHODS FOR OPERATING A GAMING DEVICE
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Patent 12633195
METHODS AND SYSTEMS FOR SECURITY OF GAMING MACHINE SHOW SOFTWARE
3y 0m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
64%
Grant Probability
87%
With Interview (+23.1%)
3y 4m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 680 resolved cases by this examiner. Grant probability derived from career allowance rate.

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