Prosecution Insights
Last updated: April 19, 2026
Application No. 18/631,527

CREATING AND DELIVERING VIRTUAL CONTENT FOR GAMING OBJECTS BASED ON PLAYER GROUP CONTENT PREFERENCES

Non-Final OA §103
Filed
Apr 10, 2024
Examiner
HENRY, THOMAS HAYNES
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Igt
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
261 granted / 519 resolved
-19.7% vs TC avg
Strong +38% interview lift
Without
With
+38.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
29 currently pending
Career history
548
Total Applications
across all art units

Statute-Specific Performance

§101
16.0%
-24.0% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 519 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watkins (US 8668592). In claims 1 and 10, and 19, Watkins discloses A communication interface A processor coupled with the communication interface and a computer readable storage medium comprising instructions that enable the processor to: (column 4 lines 56-67, column 5 lines 37-50) Detect a content generation event (column 69 lines 10-46, a variety of content is being generated such as NPCs, PCs, platforms and other objects) Determine a set of group content preferences based on different sets of content preferences with different players in a group of players (column 10 lines 36-61, the group content preferences are the locations of each player who is logged in.) In response to the detected content generation event, generate, from at least part of the set of group content preferences, content for presentation by a reality altering device of each player in the group of players (column 10 lines 36-61, the content is generated for each of the players in the group, such as making plot nodes available based on the location of the players playing. With respect to the term “reality altering device”, it is noted by examiner that the specification of the instant application describes this in paragraph [0039] as “augmented, simulated, mixed, extended, or computer mediated reality”, meaning that a standard video game would read on the term “reality altering”, as it is, at minimum, “simulated”.) Select content in the generated content for presentation by the reality altering device of each player in the group of players to represent a sensory characteristic of a selected object in a set of objects, each reality altering device being in communication with the communication interface (column 10 lines 36-61, column 11 lines 41-60. The content presented is changed such as the skyline of NY instead of the skyline of Tokyo, or a “underground urban fight scene” vs a “bear fight scene”, which would represent a sensory characteristic, and this would be “a sensory characteristic” as the player would be able to see the change) Determine, relative to a coordinate system, a respective spatial location of each player in the group of players (column 8 lines 54-67, column 9 lines 1-2) Watkins fails to disclose a respective spatial location of the selected object, and based on the respective spatial location of each player in the group of players relative to the respective spatial location of the selected object, cause at least a respective portion of the selected content to be presented by a corresponding relative altering device of the player, however McCoy discloses a respective spatial location of the selected object, and based on the respective spatial location of each player in the group of players relative to the respective spatial location of the selected object, cause at least a respective portion of the selected content to be presented by a corresponding relative altering device of the player (figure 3, #402 determines the user’s location/pose, #404 presents virtual counterparts to real world at equivalent virtual locations from the user.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Watkins with McCoy in order to allow for the invention of Watkins to be used in different gaming environments including AR and VR. In claims 2 and 11, McCoy discloses each reality altering device provides an augmented reality gaming experience for each player in the group of players wherein the sensory characteristic comprises a visual appearance, an auditory sound, haptic feedback, somatosensory sensation, and olfactory smell, (it is noted by examiner that application is claiming a Markush group, as such only 1 of the limitations listed must be disclosed. Paragraph 22 discloses augmented reality headsets, figure 3 shows a display of the virtual world which would include a visual appearance) wherein each reality altering device comprises a processor, display, sensor to sense a location or activity of a corresponding player and input device (figure 1) wherein the respective portion of the selected content is different than a respective portion of the selected content presented by a second reality altering device to a second player at a different spatial location and wherein objects in the set of object comprises real objects (paragraph 54 discloses multiple players each having their own physical environment. As the virtual environment is affected by the users location/pose, it would mean that a second player would have different content) In claims 4 and 13, McCoy discloses each reality altering device provides a virtual reality gaming experience for each player in the group of players (paragraph 53) wherein the sensory characteristic comprises one of a visual characteristic, an auditory sound, haptic feedback, somatosensory sensation, and olfactory smell, (it is noted by examiner that application is claiming a Markush group, as such only 1 of the limitations listed must be disclosed. Paragraph 22 discloses augmented reality headsets, figure 3 shows a display of the virtual world which would include a visual appearance) wherein each reality altering device comprises a processor, display, sensor to sense a location or activity of a corresponding player, and input device, (figure 1), wherein objects in the set of objects comprises virtual objects and is free of real objects, (paragraph 53, it is noted that although the virtual objects have corresponding physical objects, the set of virtual objects are free of real objects) wherein the respective portion of the selected content is different than a respective portion of the selected content provided by a second reality altering device to a second player at a different spatial location (paragraph 54 discloses multiple players each having their own physical environment. As the virtual environment is affected by the users location/pose, it would mean that a second player would have different content), and wherein the selected object comprises one of a virtual character, player character, a non player character, and an inanimate virtual object (paragraph 94) In claims 5 and 14, Watkins discloses the detected content generation event comprises one of successful authentication of a player of the group of players by the gaming system, detection of a spatial location of a player of the group of players, detection of at least a threshold level of gameplay by a player of the group of players, detection of occurrence of a predetermined state of the gaming system, detection of occurrence of a predetermined player loyalty activity by the gaming system, detection that gameplay on another reality altering device currently presenting different selected content is below a threshold level of gameplay, detection that a presentation duration of the different selected content is at least a threshold duration, detection of new a new content preference associated with a player of the group of players, occurrence of a predetermined random or pseudorandom number, occurrence of at least a threshold loyalty point balance or loyalty status associated with a player of the group of players, occurrence of predetermined clock setting, entrance of a player of the group of players into a defined area of the gaming system, occupancy of at least a threshold number of players of the group of players in a defined area of the gaming system, and departure of a player of the group of players from a defined area of the gaming system (column 8 lines 54-67, column 9 lines 1-2 it is noted by examiner that application is claiming a Markush group, as such only 1 of the limitations listed must be disclosed.) and wherein the processor, based on the respective locations of first and second players in the group of players relative to the respective spatial location of the selected object, causes a first respective portion of the selected content to be presented by a first reality altering device of the first player and a different second respective portion of the selected content to be presented by a second reality altering device of the second player. (paragraph 54 discloses multiple players each having their own physical environment. As the virtual environment is affected by the users location/pose, it would mean that a second player would have different content) In claims 6 and 15, Watkins discloses the processor causes common selected content to be incorporated into the presentation of the selected object by multiple reality altering devices, wherein the processor renders different objects in spatial proximity to the group of players using different selected content, and wherein the processor, based on the different first and second preferences of first and second players of the group of players, and wherein the first and second respective portions of the selected content are related to a common game theme. (column 10 lines 36-61) McCoy discloses causes a first respective portion of the selected content to be presented by a first reality altering device of the first player and a different second respective portion of the selected content to be presented by a second reality altering device of the second player (paragraph 54 discloses multiple players each having their own physical environment. As the virtual environment is affected by the users location/pose, it would mean that a second player would have different content) In claims 7 and 16, McCoy discloses based on the respective spatial locations of first and second players in the group of players relative to the respective spatial location of different first and second selected objects, causes first selected content to be presented by first and second reality altering devices of the first and second players, respectively, for the first selected object, monitors behavior of the first and second players in response to presentation of the first selected content, and based on monitored behavior, selects and causes second selected content to be presented by the first and second reality altering devices of the first and second players, respectively, for the second selected object. (paragraph 54 discloses multiple players each having their own physical environment. As the virtual environment is affected by the users location/pose, it would mean that a second player would have different content) In claims 8 and 17, Watkins discloses the set of group content preferences comprises a preference regarding one of a text, image, music, audio, color, style, animation , and video information, (column 8 lines 54-67, column 9 lines 1-2 it is noted by examiner that application is claiming a Markush group, as such only 1 of the limitations listed must be disclosed.) wherein the processor determines the set of group content preferences by weighting a first set of content preferences of a first player of the group of players more than a second set of content preferences of a second player of the group of players, (column 10 lines 58-61, the second player is given no weight as another player from the same location is already engaged) and wherein in selecting the content in the generated content, the processor determines a relatedness of the generated content against a current game theme of the gaming system (column 10 lines 58-61, the relatedness determines if the content is already being included) Claim Rejections - 35 USC § 103 Claim(s) 3, 12, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watkins in view of McCoy in view of Rao (US 20240424405) In claim 19, Watkins discloses Detect, by a processor (column 4 lines 56-67, column 5 lines 37-50)a content generation event (column 69 lines 10-46, a variety of content is being generated such as NPCs, PCs, platforms and other objects) Determining by the processor, a set of group content preferences based on different sets of content preferences with different players in a group of players (column 10 lines 36-61, the group content preferences are the locations of each player who is logged in.) In response to the detected content generation event, generating, by the processor, from at least part of the set of group content preferences, generated content (column 10 lines 36-61, the content is generated, such as making plot nodes available based on the location of the players playing.) Watkins fails to disclose determining relative to a 3d coordinate system, a respective spatial location of each player in the group of players and a respective spatial location of a selected virtual object in a set of virtual objects, and based on the respective spatial locations of each player in the group of players relative to the respective spatial location of the selected virtual object, causing by the processor, at least a portion of the generated content to be presented by one of an AR and a VR output device to represent a sensory characteristic of the selected object, however McCoy discloses relative to a 3d coordinate system, a respective spatial location of each player in the group of players and a respective spatial location of a selected virtual object in a set of virtual objects, and based on the respective spatial locations of each player in the group of players relative to the respective spatial location of the selected virtual object, causing by the processor, at least a portion of the generated content to be presented by one of an AR and a VR output device to represent a sensory characteristic of the selected object, (figure 3, #402 determines the user’s location/pose, #404 presents virtual counterparts to real world at equivalent virtual locations from the user.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Watkins with McCoy in order to allow for the invention of Watkins to be used in different gaming environments including AR and VR. Watkins in view of McCoy fails to disclose providing a prompt to a generative model and then receiving generated content generated by the generative model, however Rao discloses providing a prompt to a generative model and then receiving generated content generated by the generative model (paragraph 54). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Watkins in view of McCoy with Rao in order to allow for the invention of Watkins and McCoy to be able to cover a wider range of generated specific content with a lower overhead. In claims 3, 12 and 20, Watkins in view of McCoy fails to disclose providing a prompt to a generative model and then receiving generated content generated by the generative model, wherein the prompt and received content each comprise one of text, image, music, audio, and video information, wherein the content is generated by a generative model comprising one of a variational autoencoder (VAE), generative adversarial network (GAN), autoregressive model, and transformer-based model, and wherein the prompt comprises one of a content preference associated by a player profile with a player of the group of players, a content preference associated with a social website posting of a player of the group of players, a content preference received from a mobile device of a player of the group of players, a game theme associated with a game, a player activity detected by the gaming system, input received from a player of the group of players, a captured image of a player of the group of players, a loyalty level of a player of the group of players, and a loyalty point balance of a player of the group of players. however Rao discloses providing a prompt to a generative model and then receiving generated content generated by the generative model (paragraph 54). wherein the prompt and received content each comprise one of text, image, music, audio, and video information, wherein the content is generated by a generative model comprising one of a variational autoencoder (VAE), generative adversarial network (GAN), autoregressive model, and transformer-based model, (abstract. it is noted by examiner that this is a Markush group, so only 1 limitation needs to be disclosed) and wherein the prompt comprises one of a content preference associated by a player profile with a player of the group of players, a content preference associated with a social website posting of a player of the group of players, a content preference received from a mobile device of a player of the group of players, a game theme associated with a game, a player activity detected by the gaming system, input received from a player of the group of players, a captured image of a player of the group of players, a loyalty level of a player of the group of players, and a loyalty point balance of a player of the group of players. (paragraph 14. it is noted by examiner that this is a Markush group, so only 1 limitation needs to be disclosed) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Watkins in view of McCoy with Rao in order to allow for the invention of Watkins and McCoy to be able to cover a wider range of generated specific content with a lower overhead. Allowable Subject Matter Claims 9 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 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, Peter Vasat can be reached at 571-270-7625. 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. /THOMAS H HENRY/ Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Apr 10, 2024
Application Filed
Dec 27, 2025
Non-Final Rejection — §103
Apr 16, 2026
Applicant Interview (Telephonic)
Apr 16, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599839
DELIVERY OF VIRTUAL EFFECT
2y 5m to grant Granted Apr 14, 2026
Patent 12599841
CHAT-BASED USER-GENERATED CONTENT ASSISTANCE
2y 5m to grant Granted Apr 14, 2026
Patent 12597320
WAGER SHARING AND INVITATION METHOD
2y 5m to grant Granted Apr 07, 2026
Patent 12528021
SYSTEM AND METHOD FOR FACILITATING VIRTUAL PARTICIPATION IN A RACING EVENT
2y 5m to grant Granted Jan 20, 2026
Patent 12521636
Platform for Enhanced Chance-Based Games with Fixed Odds Payouts
2y 5m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
88%
With Interview (+38.2%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 519 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month