Prosecution Insights
Last updated: October 02, 2026
Application No. 18/826,725

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

Final Rejection §102
Filed
Sep 06, 2024
Priority
Sep 07, 2023 — JP 2023-145520
Examiner
GOOD JOHNSON, MOTILEWA
Art Unit
2619
Tech Center
2600 — Communications
Assignee
Nintendo Co., Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1y 2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
629 granted / 855 resolved
+11.6% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
877
Total Applications
across all art units

Statute-Specific Performance

§101
9.5%
-30.5% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 855 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 . Claim Rejections - 35 USC § 102 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 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. Claim(s) 1-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirabayashi et al., JP Patent Number 2022-96948 A. Regarding claim 1, Hirabayashi discloses an information processing system, comprising: one or more processors; and one or more memories storing a program that, when executed, causes the information processing system to: change a state of a virtual space including at least a plurality of first objects by performing at least one of arrangement, movement, or removal, at, to, or from a position in the virtual space specified based on a user's input, of at least one of the first objects and a second object associated with the user (paragraph 0074, arranging the object set by the operation buttons TB 1, TB 2, TB 3, and TB 4 in the virtual space VS by a tap operation or deleting the object already arranged by the tap operation; arrangement of the object, the object (for example, the block BK) can be arranged in the virtual space VS; Figs. 11-14, blocks first objects, game character associated with user, second object); set, in the virtual space, a region having an extent in a horizontal direction set based on a height in the virtual space at which the second object associated with the user is arranged based on the user's input, and including a position related to the horizontal direction of the second object, as a first region related to the user, wherein the region includes a two-dimensional or three-dimensional region (paragraph 0009, restriction condition may include, in an outer region in a horizontal direction with respect to the outermost periphery, setting the restriction region extending upward to the object when the object tis preset in an upper direction of the outer region); and limit changing of the state of the virtual space in the first region without the user's input to change the state of the virtual space being performed (paragraph 0065, setting the limiting region LW; movement of the game character CH from the outermost periphery to the outside in the horizontal direction is limited at the outermost periphery in the horizontal direction in the block BK constituting the stage; paragraph 0103, the limiting region LW is set). Regarding claim 2, Hirabayashi discloses wherein the information processing system is further caused to: set the first region such that the extent increases as the second object is arranged at a greater height in the virtual space (paragraph 0004, placement of a new object is permitted in a region exceeding the range of the ground in the virtual space, the degree of freedom of the arrangement increases). Regarding claim 3, Hirabayashi discloses wherein the information processing system is further caused to: limit further changing of the state of the virtual space in the first region that occurs when the second object is arranged, or the state of the virtual space in the first region after being changed based on the user's input (paragraph 0086, change in the restricted area due to the arrangement of blocks; state in which the restriction region LW is reset in a case where the block BKN 1 is arranged in the Y2 direction adjacent to block BK 33). Regarding claim 4, Hirabayashi discloses wherein, a state of a virtual space that is the same as the virtual space including at least the plurality of first objects is changed by performing at least one of arrangement, movement, or removal of at least one of the first and second objects at, to, or from a position in the virtual space specified based on an input performed by another user that is different from the user, and the information processing system is further caused to limit changing of the state of the virtual space in the first region based on the another user's input (paragraph 0020, can be played by a plurality of users; paragraph 0104, arrangement of the block BK or the like in the virtual space VS is realized in the generation mode, but may also be realized in the battle mode). Regarding claim 5, Hirabayashi wherein the information processing system is further caused to: limit arrangement of at least one of the first and second objects in the first region based on the another user's input (paragraph 0103, even when the limiting region is set by another method, the same effects as those of the above-described embodiment can be obtained; paragraph 0104, the shape of the stage ST may be changed during the battle by operating the game character CH in the battle mode and executing the arrangement or deletion of the block BK). Regarding claim 6, Hirabayashi discloses wherein the information processing system is further caused to: set the first region such that the extent increases as the second object is arranged at a greater height in the virtual space, and a position in a vertical direction in the virtual space at which the second object is arranged is included in the first region (paragraph 0066, the block BK constituting the stage can be added or deleted; when the block BK is disposed or deleted, the shape of the stage ST changes, and thus the restriction region LW must be updated). Regarding claim 7, Hirabayashi discloses wherein the information processing system is further caused to: limit removal of at least one of the first and second objects in the first region based on the another user's input (paragraph 0100, spread to the position where the other block BK is present in the upward direction (Z1 direction), and set as the restriction region LW extending to the upper limit position of the virtual space VS when the other block BK does not exist in the upward direction (Z1 direction). Every time the new block BK is arranged, the setting of the restricted region LW is executed; paragraph 0104, arrangement of the block BK or the like in the virtual space VS is realized in the generation mode, but may also be realized in the battle mode; shape of the stage ST may be changed during the battle). Regarding claim 8, Hirabayashi wherein the information processing system is further caused to: limit movement of at least one of the first and second objects in the first region based on the another user's input (paragraph 0063, in order to prevent the game character CH from entering the entry prohibited area LA, the restricted area LW is set; restriction object is disposed in the restriction region LW; restricted object is an object that restricts the movement of the game character). Regarding claim 9, Hirabayashi discloses wherein further, a state of a virtual space that is the same as the virtual space including at least the plurality of first objects is changed by performing at least one of arrangement, movement, or removal of at least one of the first and second objects at, to, or from a position in the virtual space specified based on another user's input, and the information processing system is further caused to: set, in the virtual space, a region having an extent in the horizontal direction set based on a height in the virtual space at which the second object associated with the another user is arranged based on the another user's input, and including a position related to the horizontal direction of the second object, as a second region related to the another user; and limit changing of the state of the virtual space in the second region without the another user's input to change the state of the virtual space being performed (Fig. 14; paragraph 0052, the state changes according to the progress of the game (the passage of time or the result of the operation of the game character), or a state in which the state does not change at all in the progress of the game; in the game in the generation mode, the stage is generated, and if there is no concept of the progress of the game, the state of the object may not be changed; paragraph 0102, restriction region LW 1 is set corresponding to a side surface of the block BK 3 or the BK 1. Since there is no other block BK in the vertical direction of the restricted region LW 1, the restricted region LW 1 extends to the upper limit and the lower limit of the virtual space VS; paragraph 0104, arrangement of the block BK or the like in the virtual space VS is realized in the generation mode, but may also be realized in the battle mode). Regarding claim 10, Hirabayashi discloses wherein the information processing system is further caused to: when the first region to be set overlaps the second region already set, set, as the first region, a region having a size reduced by excluding at least the overlap region (paragraph 0066, the outside of the stage ST by the restricted area LW set as described above, the game character CH does not accidentally fall from the stage ST; when the block BK is disposed or deleted, the shape of the stage ST changes, and thus the restriction region LW must be updated). Regarding claim 11, Hirabayashi discloses wherein the information processing system is further caused to: when the first region to be set overlaps the second region already set, set the first region that does not overlap the second region, by causing the first region to have the same shape as that of a region set when the overlapping does not occur and to have an extent obtained by reducing an extent in the horizontal direction of the region (paragraph 0075, position of the object where the object is arranged or deleted is determined in relation to the position and direction of the game character CH, and is indicated by the cursor CA of the image imitating the shape of the object). Regarding claim 12, Hirabayashi discloses wherein the virtual space includes a three-dimensional virtual space (Fig. 6). Regarding claim 13, Hirabayashi discloses wherein the first region has an extent in the horizontal direction, and the center of the extent is located at the position of the second object (Fig. 13, second object, game character CH, is centered in the horizontal direction of the first region). Regarding claim 14, Hirabayashi discloses wherein the first region includes a circle in the horizontal direction, and the center of the circle is located at the position of the second object (FIG. 13). Regarding claim 15, Hirabayashi discloses wherein the first region is in the shape of a cylinder, and the axis of the cylinder is a vertical straight line in the virtual space passing through the position of the second object (Fig. 10 and Fig. 11). Regarding claim 16, Hirabayashi discloses wherein the first region is in the shape of a hemisphere-cylinder that is a combination of a cylinder and a hemisphere, the axis of the cylinder is a vertical straight line in the virtual space passing through the position of the second object, and the center of the hemisphere is located at the position of the second object and the pole of the hemisphere is located above the second object (paragraph 0072, an operation to slide with a region above the region TA as a starting point is input, the direction(character direction DC) of the game character CH may be changed in the sliding direction, or only the line-of-sight direction VD may be changed without changing the direction of the game character CH). Regarding claim 17, Hirabayashi discloses wherein the information processing system is further caused to: when the second object setting the first region is moved in the virtual space, set the first region in the virtual space again based on the position after the movement (paragraph 0066, block BK constituting the stage ST can be added or deleted; when the block BK is arranged in the entry prohibition region LA and when the block BK adjacent to the entry prohibition region LA is deleted, the entry prohibition region LA and the restriction region LW are reset). Regarding claim 18, Hirabayashi discloses wherein the information processing system is further caused to: when the second object setting the first region is moved in the virtual space, cause the first region to continue to be set during the movement, and when rearranging the second object in the virtual space after the end of the movement, remove the first region continuing to be set, and set a new first region in the virtual space based on the position of the rearranged second object (paragraph 0085, resetting the restricted area LW, the game character CH is also movable on the newly arranged block BKN). Regarding claim 19, Hirabayashi discloses wherein the information processing system is further caused to: cause the first region to continue to be set even during a period of time when the user who has set the second object temporarily pauses to play a game using the virtual space, and limit changing of the state of the virtual space in the first region based on the another user's input even during the period of time (paragraph 0084, LW is reset based on the above-described restriction condition (step S400), and the processing is continued by returning to the standby state). Regarding claim 20, Hirabayashi discloses wherein the information processing system is further caused to: remove the setting of the first region from the virtual space when the user who has set the second object continues to pause even after a period of time has passed since the pause (paragraph 0066, when the block BK is arranged in the entry prohibition region LA and when the block BK adjacent to the entry prohibition region LA is deleted, the entry prohibition region LA and the restriction region LW are reset. In the following description, in a case where the restriction region LW is set, the entry prohibition region LA is also set even if the restriction region LW is not particularly specified). Regarding claims 21-23, they are rejected based upon similar ration as above claim 1. Hirabayshi further discloses a non-transitory computer-readable medium having stored therein a program (paragraph 0007); an information processing apparatus comprising: processing circuitry and at least one processor (paragraph 0027); and a display (display unit 13); and an information processing method (paragraph 0067). Response to Arguments Applicant’s arguments with respect to claim(s) 1-18 and 21-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kozlov et al., U.S. Patent Number 8,842,116 B2 Kozlov discloses col. 8, lines 17-19, the user adds or removes blocks by clicking on the area of the terrain to add blocks or remove blocks from according to the mode selected; col. 5, lines 15-20, terrain-building interface that includes one or more user-operated controls for setting the original parameters of the terrain to be rendered; these parameters may include, but are not limited to length, width, amplitude, and frequency parameters associated as editable properties of the terrain; col. 1, lines 13-16, two-dimensional and three-dimensional computer animation; rendering and modifying simulated terrain in a virtual world; col. 6, lines 22-26, high amplitude and lower frequency settings may generate higher mountains but at less frequency over the surface of the terrain; selecting a low amplitude and higher frequency may produce hills, but at a greater frequency over the surface of the terrain; col. 6, lines 4-10, terrain generation panel includes the terrain attributes width, length, amplitude and frequency; each attribute includes the attribute name and a value field representing the user-controlled value for the individual setting; col. 1, line 65 – col. 2, line 10, terrain defining the physical area or boundaries of a virtual world could be rendered without relying on shared computational resources of a physics simulator to manage the physics of automatic terrain rendering and modification, a significant increase in the size of simulated terrain might result. 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 Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm. 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, Jason Chan can be reached at 571-272-3022. 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. MOTILEWA . GOOD JOHNSON Primary Examiner Art Unit 2616 /MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619
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Prosecution Timeline

Sep 06, 2024
Application Filed
Mar 02, 2026
Non-Final Rejection mailed — §102
May 20, 2026
Interview Requested
May 27, 2026
Examiner Interview Summary
May 27, 2026
Applicant Interview (Telephonic)
May 29, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
88%
With Interview (+14.2%)
3y 3m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 855 resolved cases by this examiner. Grant probability derived from career allowance rate.

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