Prosecution Insights
Last updated: July 17, 2026
Application No. 18/889,552

VIRTUAL OBJECT CONTROL METHOD AND APPARATUS, TERMINAL, AND STORAGE MEDIUM

Non-Final OA §DP
Filed
Sep 19, 2024
Priority
Apr 28, 2020 — CN 202010352292.0 +2 more
Examiner
GARNER, WERNER G
Art Unit
Tech Center
Assignee
Tencent Technology (Shenzhen) Company Limited
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
462 granted / 775 resolved
At TC average
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
30 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
12.6%
-27.4% vs TC avg
§103
63.3%
+23.3% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 775 resolved cases

Office Action

§DP
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 . Prior Art There are currently no prior art rejections against claims 1-20. The closest prior art of record includes: CN 109260702 A1 to Tencent Tech Shenzhen Co Ltd (hereinafter Tencent); Mikan, US 5,376,946 (hereinafter Mikan); and CN 108037888 A to Netease (hereinafter Netease). Tencent discloses a virtual vehicle control method (Tencent [0006]) using a touch system to detect a touch operation performed by the user on the display component (Tencent [0056]). When a specified operation of at least one main virtual control is detected, a steering angle and a virtual throttle opening degree of a virtual vehicle in a scene picture are acquired according to the specified operation (Tencent [0071]). Tencent discloses wherein data is stored in a memory (Tencent [0054]). Tencent fails to explain how the touch operations are Mikan teaches an electronic mouse simulator for a computer having a dedicated mouse port connector receptacle, the simulator having a multi-conductor cable and connector adapted to plug directly into the dedicated mouse port connector receptacle (Mikan [Abstract]). The simulator includes a touchscreen device and a converter having an EPROM and program firmware therefor (Mikan [Abstract]). The converter accepts signals from the touchscreen device and transforms them into a mouse-compatible format or mouse-compatible protocol that can be used to directly communicate through the dedicated mouse port of the computer (Mikan [Abstract]). Mikan teaches wherein by an interface circuit for connection between a touchscreen device and a computer having a screen and a cursor moveable across the screen, the computer further having a dedicated mouse port receptacle, and the interface circuit comprising in combination means for connection to the output of the touchscreen device, to accept data therefrom corresponding to X-axis and Y-axis positions of a pointing device associated with the touchscreen device, manually-initiated calibrating means for correlating the initial position of the cursor of the computer screen, to X-axis and Y-axis based data received from the touchscreen device, and a memory, and means for storing in the memory, the X-axis and the Y-axis based data received from the touchscreen device (Mikan [C7:19-50]). In one embodiment, touchscreen touches are treated as updates so long as the touch lasts less than 5 seconds (Mikan [C24:10-24]). Netease discloses a skill control method, which can be applied to a touch terminal that presents an operation interface of a game scenario, and can be implemented on a processor of the touch terminal and executed on the touch terminal (Netease [p. 20]). The prior art, alone or in combination, absent hindsight, does not fairly teach or suggest, at least: the displacement control being used for controlling the virtual object to cast a displacement skill that makes the virtual object to perform a target movement, the target movement having a movement characteristic different from that of a regular movement triggered by the movement controlling control; … controlling, in response to a second operation signal corresponding to the displacement control being received in a process of performing the first displacement operation by the virtual object, the virtual object to continue the first displacement operation and perform a second displacement operation based on the second operation signal after the first displacement operation is completed. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,128,309 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they vary slightly in claim language. 18/889,552 US 12,128,309 B2 1. A virtual object control method, performed by a terminal, and the method comprising: 1. A virtual object control method, performed by a terminal, and the method comprising: displaying a user interface, the user interface including a virtual object, a movement controlling control, and a displacement control; and displaying a user interface, the user interface including a virtual object, a movement controlling control, and a displacement control; and the displacement control being used for controlling the virtual object to cast a displacement skill that makes the virtual object to perform a target movement, the target movement having a movement characteristic different from that of a regular movement triggered by the movement controlling control; the displacement control being used for controlling the virtual object to cast a displacement skill; receiving a first operation signal corresponding to the displacement control; receiving a first operation signal corresponding to the displacement control; controlling, based on the first operation signal, the virtual object to perform a first displacement operation; and controlling, based on the first operation signal, the virtual object to perform a first displacement operation, wherein the first displacement operation is configured to control the virtual object to perform a target movement at an average speed different from a speed of a regular movement triggered by the movement controlling control; and controlling, in response to a second operation signal corresponding to the displacement control being received in a process of performing the first displacement operation by the virtual object, the virtual object to continue the first displacement operation and perform a second displacement operation based on the second operation signal after the first displacement operation is completed. controlling, in response to a second operation signal corresponding to the displacement control being received in a process of performing the first displacement operation by the virtual object, the virtual object to finish performing the first displacement operation and to perform a second displacement operation based on the second operation signal after the first displacement operation is completed, wherein a start point position of the second displacement operation is an end point position of the first displacement operation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST. 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, DAVID LEWIS can be reached at (571) 272-7673. 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. /WERNER G GARNER/Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Sep 19, 2024
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §DP (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

1-2
Expected OA Rounds
60%
Grant Probability
84%
With Interview (+24.5%)
3y 2m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 775 resolved cases by this examiner. Grant probability derived from career allowance rate.

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