Prosecution Insights
Last updated: July 17, 2026
Application No. 18/910,312

INFORMATION PROCESSING SYSTEM, INFORMATION PROCESSING APPARATUS, NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM WITH EXECUTABLE INFORMATION PROCESSING PROGRAM STORED THEREON, AND INFORMATION PROCESSING METHOD

Non-Final OA §101
Filed
Oct 09, 2024
Priority
Oct 13, 2021 — JP 2021-168312 +1 more
Examiner
PIERCE, DAMON JOSEPH
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nintendo Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
657 granted / 872 resolved
+5.3% vs TC avg
Strong +29% interview lift
Without
With
+28.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
905
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
77.9%
+37.9% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 872 resolved cases

Office Action

§101
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 § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to logging event activities (mental processes and organizing methods of human activity) involving: arranging in a field, one or more of at least one arranged object based on at least one event log within a unit period of actual time among event logs about in-game events that has occurred based on in-game activities (mental processes, such as using pen and paper to create a template or the like with designated spaces for logging notes according to observations of activities that has taken place), arranging in the field, a topic object including information based on an in-game event that will occur after a period of the event log (mental processes, creating a headline, title, or the like for specific type of information), storing, the field together with the one or more of the at least one arranged object as a past object based on arrangement of a predetermined number of arranged objects in the field (mental processes, such as using pen and paper to write collection of notes, graphs, charts, or the like), arranging one or more of the at least one arranged object in another field when the predetermined number of arranged objects are arranged in the field (create new templates, areas, spaces, or the like for additional information), and (as required by claims 21, 40) generating an output image based on the field where the one or more of the at least one arranged object and the topic object are arranged, for display on a display (using pen and paper to write and organize notes, graphs, charts, or the like); (as required by claims 35, 36) transmitting the field where the one or more of the at least one arranged object and the topic object are arranged (sharing the collection of notes, graphs, charts, or the like). Claims 21, 35, 36, and 40 do not integrate the abstract ideas into a practical application. The claim does not improve the functioning of the computer itself or another technology; rather, it uses the computer components as tools to implement the abstract idea of logging event activities. No particular machine beyond generic components. Claims 21, 35, 36 recite “memories”, “processors”; claims 21, 35 recite “computer-readable program”; claim 21 recite “information processing system”; claims 35, 40 recite “an information processing apparatus”; claim 36 “non-transitory computer-readable storage medium with an executable information processing program”; yet, these are generic computing elements. See MPEP 2106.05(b), (f). The additional elements (virtual field, virtual game space) are generally linking the use of a judicial exception to a particular technological environment or field of use and do not impose a meaningful limit on the abstract idea. Accordingly, the claim does not integrate the abstract idea into a practical application under MPEP § 2106.04(d). Considered individually and as an ordered combination, the claims do not recite an inventive concept (“significantly more”) beyond the abstract ideas. Generic computer components and environments (processor, memories, programs, and non-transitory computer-readable medium) performing data receiving and sending are well-understood, routine, and conventional (WURC) activities in the field of computer gaming. Under Berkheimer v. HP, 881 F.3d 1360, absent evidence in the record that any claimed element or arrangement is not WURC, it is proper to treat generic processors, memories, programs, and data receiving/sending as conventional. The claims do not recite non-conventional computer functionality or architecture. No specific algorithm, data structure, or hardware improvement is claimed that would transform the abstract idea into patent-eligible subject matter. Therefore, claims 21-40 are ineligible under 35 U.S.C. § 101. The claims are directed to judicial exceptions—mental process and organizing methods of human activity —and do not integrate those exceptions into a practical application. The additional elements, viewed individually and in combination, amount to no more than the abstract idea of logging event activities, implemented on a generic computer, and therefore do not add “significantly more.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 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, 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. /DAMON J PIERCE/Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Jan 29, 2025
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §101 (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
75%
Grant Probability
99%
With Interview (+28.7%)
2y 10m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 872 resolved cases by this examiner. Grant probability derived from career allowance rate.

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