Prosecution Insights
Last updated: July 17, 2026
Application No. 18/678,771

STORAGE MEDIUM, INFORMATION PROCESSING SYSTEM, INFORMATION PROCESSING APPARATUS AND INFORMATION PROCESSING METHOD

Non-Final OA §102§103
Filed
May 30, 2024
Priority
Jul 21, 2023 — JP 2023-119025
Examiner
ANGELES, JOSE
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nintendo Co., Ltd.
OA Round
1 (Non-Final)
38%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants only 38% of cases
38%
Career Allowance Rate
11 granted / 29 resolved
-32.1% vs TC avg
Strong +63% interview lift
Without
With
+63.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
23 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§101
9.4%
-30.6% vs TC avg
§103
77.9%
+37.9% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§102 §103
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 . Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. The current abstract is over 150 words, appropriate correction is required. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. Claim Objections Claims 2-17 and 20 objected to because of the following informalities: Claims 2-17, multiple instances of “one or more processors of the computer” should read “the one or more processors of the computer”. Claim 6, line 3, “the plurality of predetermined moving routes” should read “a plurality of predetermined moving routes”. Appropriate correction is required. 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, 9, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spiritfarer as evidenced by "Spiritfarer Gameplay - If Animal Crossing & Stardew Valley Had A Ghost Ship" (hereinafter Spiritfarer). Regarding claims 1 and 18-20, Spiritfarer discloses a non-transitory computer-readable storage medium having stored with an information processing program executable by a computer of an information processing apparatus (this game was released for PC, which requires the use of a computer), wherein the information processing program causes one or more processors (inherent to a computer) of the computer to execute: controlling, based on an operation input by a user, a character object associated with the user (the character moving by being controlled by the player is the character object as shown in minute 24:35-24:45) in a first virtual space (the first virtual space is the space where the user is currently controlling the character object, in the field of view of the character being controlled; 24:35-24:45); arranging a first object (the first object is the object on the map representing the base moving terrain the user is on, 24:52-25:21) and a second object (another terrain different from the one the user is on, which is shown on a map, such as other islands; 24:52-25:21) in a second virtual space different from the first virtual space (the map shown here is a second virtual space that arranges both the first object and the second object; 24:52-25:21); moving the first object automatically as elapse of time in the second virtual space (the base moving terrain is moving towards the second object that was previously selected; 25:29-25:35); arranging a third object corresponding to the second object in the first virtual space when a first positional condition related to positions of the first object and the second object in the second virtual space is satisfied (the third object and the second object represent the same object, however, the second object is a representation on the map and the third object is a representation once the player has reached the second object and it’s in the field of vision of player, here we see the terrain we previously selected in the map as the second object in the background of our base moving terrain now being represented as a third object; 29:30-29:50); and executing an event related to the third object (multiple events will happen in relation to the third object, one of them is the player taking a boat to enter the third object; 30:22-30:38) if an event generation condition related to the third object is satisfied when the third object is arranged in the first virtual space (the condition for this event to happen is that the third object must be close enough to the first object; 30:22-30:38). Regarding claim 3, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute moving the first object on a predetermined moving route in the second virtual space (the map shown here is the second virtual space that shows the base terrain of the user as the first object and on a predetermined route that the user set; 24:52-25:21). Regarding claim 9, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute restricting a movement of the first object while a priority event is executed in the first virtual space (there are certain priority events that happen outside of the control of the main character, such as night time or hitting crates on the way to a location, when night time comes the user can’t navigate anymore and must sleep until dawn or when the user is trying to reach a second object on the map and it hits a wreckage on the way there, it must stop and deal with it first before continuing navigation, these are priority events that restrict the movement of the first object; 1:28:28-1:29:18). Regarding claim 14, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute performing, when arranging the third object in the first virtual space, a notification related to an arrangement of the third object (here there is a notification in the form of a glowing yellow pillar to let the player know the third object is in the view of the first virtual space; 29:15-29:35). Regarding claim 15, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute eliminating the third object from the first virtual space when an elimination condition related to the third object is satisfied (third object eliminated from the first virtual space after user completes what they needed to do in the third object and move to another location; 31:29-32:30). Regarding claim 16, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute eliminating the third object from the first virtual space even if the elimination condition is not satisfied when a positional relationship between the first object and the second object in the second virtual space satisfies a second positional condition (when the positions of the first object and second object on the second virtual space are away from each other, which are represented by the moving base terrain and another island on the map, then the third object disappears from the view of the user; 31:29-32:30). Regarding claim 17, Spiritfarer discloses wherein the information processing program causes one or more processors of the computer to execute arranging the third object in a predetermined position in the first virtual space regardless of a positional relationship between the first object and the second object in the second virtual space (once the third object is reached, it will be shown in a predetermined position in the background of the first virtual space; 29:15-30:15). Claim Rejections - 35 USC § 103 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. Claims 2, 6, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Spiritfarer in view of Outer Wilds as evidenced by "Let's Play Outer Wilds Part 1 - A Universe Trapped in Endless Time Loop - Blind PC Gameplay" (hereinafter Outer Wilds). Regarding claim 2, Spiritfarer discloses execute moving of the first object as time elapses but does not explicitly disclose execute moving the second object automatically as elapse of time. However, Outer Wilds focuses on a game with exploration mechanics that allows a moving terrain towards other pieces of terrain in the world to interact with them, which is related to Spiritfarer because this is also an exploration game with a moving terrain to explore other pieces of terrain in the world. Outer Wilds teaches execute moving the second object automatically as elapse of time (all objects in the map, even a second object, are in constant motion as elapse of time; 40:37-40:56). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Regarding claim 6, Spiritfarer discloses setting a predetermined route by the player, but does not explicitly disclose wherein the information processing program causes one or more processors of the computer to execute: setting the plurality of predetermined moving routes each of which is an annular shape; and moving the second object on one predetermined moving route out of the plurality of predetermined moving routes. However, Outer Wilds teaches wherein the information processing program causes one or more processors of the computer to execute: setting the plurality of predetermined moving routes each of which is an annular shape (shows multiple moving routes for different objects in an annular shape; 40:37-40:56); and moving the second object on one predetermined moving route out of the plurality of predetermined moving routes (a second object can be, for example, giant's deep as show in 40:37-40:56 moving on a predetermined route). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Regarding claim 10, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute moving the third object automatically in the first virtual space. However, Outer Wilds teaches wherein the information processing program causes one or more processors of the computer to execute moving the third object automatically in the first virtual space (when user lands in a third object, the third object is still in constant motion automatically because this is an inherent mechanic of the game; 50:05-50:51). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Regarding claim 11, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute moving the third object, when the third object and a fourth object corresponding to the first object pass each other in the first virtual space, on a right side or a left side of the fourth object according to a positional relationship between the first object and the second object in the second virtual space. However, Outer Wilds teaches wherein the information processing program causes one or more processors of the computer to execute moving the third object (all objects in space are in constant motion, here the third object is the 3D model of the second object in the field of vision of the first virtual space of the user; 50:05-50:51), when the third object and a fourth object corresponding to the first object pass each other in the first virtual space, on a right side or a left side of the fourth object according to a positional relationship between the first object and the second object in the second virtual space (the fourth object is considered the 3D physical model of the first object while on the first virtual space and they both pass each other on the left or right side; 50:05-50:51). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Regarding claim 12, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute moving the third object in the first virtual space regardless of a position of the second object in the second virtual space. However, Outer Wilds teaches wherein the information processing program causes one or more processors of the computer to execute moving the third object in the first virtual space regardless of a position of the second object in the second virtual space (the second or third object, whether they are on the first virtual space, or in the second virtual space, are all in constant motion regardless of a position of other objects because this is an inherent mechanic of the game shown in 50:05-50:51). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Regarding claim 13, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute determining a moving speed of the third object according to a positional relationship between the first object and the second object in the second virtual space. However, Outer Wilds teaches wherein the information processing program causes one or more processors of the computer to execute determining a moving speed of the third object according to a positional relationship between the first object and the second object in the second virtual space (the game inherently determines the moving speed of each object and each object has different speeds as shown in 40:40-42:18 and how it relates to the third object when the user sees it in their field of vision as shown in 49:30-50:20). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of Outer Wilds because it enhances the world around the player. Instead of having a world that is static and waiting for the player, it creates a world that is dynamic and in constant motion, which adds another layer of complexity to the game. Now the player has to take into consideration the movement of the other pieces instead of just his own movement. Claims 4-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Spiritfarer in view of The wandering Village as evidenced by "The Wandering Village - (Settlement Building on a Giant Beast)" (hereinafter The Wandering Village). Regarding claim 4, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute: setting a plurality of predetermined moving routes; and moving the first object on one predetermined moving route out of the plurality of predetermined moving routes. However, The Wandering Village focuses on a game with exploration mechanics that allows a moving terrain towards other pieces of terrain in the world to interact with them, which is related to Spiritfarer because this is also an exploration game with a moving terrain to explore other pieces of terrain in the world. The Wandering Village teaches wherein the information processing program causes one or more processors of the computer to execute: setting a plurality of predetermined moving routes (two different routes shown on the map; 28:32-28:54); and moving the first object on one predetermined moving route out of the plurality of predetermined moving routes (moving to the south predetermined route; 29:28-29:33). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of The Wandering Village because it allows for different outcomes. Instead of having a single route with one predetermined outcome, you get multiple routes that can lead to different outcomes, which adds another layer of complexity to the game. Now the player has to make a choice as to which route they should take in order to make progress. Regarding claim 5, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute moving the first object from the predetermined moving route on which the first object is currently moving to a further predetermined moving route out of the plurality of predetermined moving routes. However, The Wandering Village teaches wherein the information processing program causes one or more processors of the computer to execute moving the first object from the predetermined moving route on which the first object is currently moving to a further predetermined moving route out of the plurality of predetermined moving routes (following the previous route, now the first object must move to another further route going north or south; 43:45-44:06). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of The Wandering Village because it allows for different outcomes. Instead of having a single route with one predetermined outcome, you get multiple routes that can lead to different outcomes, which adds another layer of complexity to the game. Now the player has to make a choice as to which route they should take in order to make progress. Regarding claim 7, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute changing a moving speed of the first object when a speed change condition is satisfied. However, The Wandering Village teaches wherein the information processing program causes one or more processors of the computer to execute changing a moving speed of the first object when a speed change condition is satisfied (here you can change the speed of the moving terrain by clicking on slow down, rest, or run; 28:22-28:25). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of The Wandering Village because controlling the speed of the moving terrain allows the user to control certain aspects interaction. For example, if there are obstacles in the route, the user might need to slow down to not hit them, if there is a storm coming then the user might increase the speed to escape the storm, etc. Regarding claim 8, Spiritfarer does not disclose wherein the information processing program causes one or more processors of the computer to execute moving the first object automatically regardless of an operation by the user. However, The Wandering Village teaches wherein the information processing program causes one or more processors of the computer to execute moving the first object automatically regardless of an operation by the user (the first object, which is the base terrain of the user keeps moving regardless of user input or operation; 44:03-44:11). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Spiritfarer to implement the teachings of The Wandering Village because having the first object in constant motion forces the user to make choices while the game keeps progressing automatically. This adds another layer of complexity to the game because this movement is outside of the control of the user and the user must decide which path to take as the game slowly progresses. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE ANGELES whose telephone number is (703)756-5338. The examiner can normally be reached Mon-Fri 8am-5pm. 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. /JOSE ANGELES/Examiner, Art Unit 3715 /Jay Trent Liddle/ Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

May 30, 2024
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §102, §103
Jul 07, 2026
Examiner Interview Summary
Jul 07, 2026
Applicant Interview (Telephonic)

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

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Prosecution Projections

1-2
Expected OA Rounds
38%
Grant Probability
99%
With Interview (+63.0%)
3y 8m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allowance rate.

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