Prosecution Insights
Last updated: October 25, 2026
Application No. 18/934,006

VIRTUAL DOJO

Final Rejection §103
Filed
Oct 31, 2024
Priority
Aug 17, 2021 — continuation of 11/524,240 +1 more
Examiner
RENWICK, REGINALD A
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Sony Group Corporation
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
1y 1m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
506 granted / 722 resolved
At TC average
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
42 currently pending
Career history
772
Total Applications
across all art units

Statute-Specific Performance

§101
25.8%
-14.2% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 722 resolved cases

Office Action

§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 . 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. Claim(s) 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Pardeshi (U.S. PGPUB 2021/0086089) in view of Benedeto (U.S. PGPUB 2019/0232168). Re claims 1, 10, and 19: Pardeshi discloses a method for modifying training content based on player performance, the method comprising: storing information in memory regarding a player of one or more game titles, the information indicating a skill level for each of a plurality of different gameplay skill types (see paragraph [0084]: “In at least one embodiment, an index is built for a player that includes gameplay or skill information for each category, which can be used to generate individual skill scores in specific categories, as well as an overall skill score.” Thus, different gameplay skill types are presented here by skill scores for different specific categories); identifying training content for the player based on the indicated skill level for the different gameplay skill types (see paragraph [0085, 0086, 0087, 0090]: “In at least one embodiment, tips can be based upon current aspects of a game, such as a location on a map, active weapon, and health level, and appropriate suggestions for a player of that skill level determined and presented a current skill level or benchmarking;” Depending on in game events, the system determines the specific player skill level for a current in game situation, and identifies tips and suggestion templates, for providing suggestion information to the user); tracking a trigger event associated with the identified training content (0085-0090: identified game events where player recommendations maybe useful, are tracked within the game to determine the identified trigger events for determining and providing tips to the player based on the current game events); and receiving activity data sent over a communication network from a user device of the player, the received activity data regarding player performance relative to the trigger event (see paragraph [0085-0090]); Although Pardeshi discloses modifying training content based on player performance (see paragraph [0090]), Pardeshi fails to disclose “modifying the training content based on the player performance, wherein modifying the training content includes modifying the trigger event, and wherein a presentation of the modified training content is provided to one or more user devices of the player, the one or more user devices including the user device.” The prior art of Benedeto discloses a gaming system that provides training content to players in need of assistance (see Abstract), but in addition, Benedeto discloses modifying the triggering content and triggering events if a player continues to experience difficulty in completing their objective (see paragraph [0068]). For example, “if the user exhibits signs of increased frustration (e.g. detection of an expletive once every few seconds) that increases in frequency, this may indicate an increased need to provide the next level of assistance. Furthermore, this may induce a modification to the threshold (e.g. every 3-4 times instead of previous 5 times).” It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the game assistance feature of Pardeshi with the modifying triggering events feature of Benedeto for the purpose of better assist players who continue to have frustrations by intervening earlier. Re claims 2 and 11: Pardeshi discloses with respect to the method of claim 1, wherein the activity data regarding player performance indicates one or more updated skill levels for one or more of the different gameplay skill type (see paragraph [0091]: “. In at least one embodiment, a player skill index is generated 808, or updated, based upon player data for these skill categories, such as data and metadata for detected actions that fall within each of these categories, and associated skill values determined for these categories based at least in part upon this data.”). Re claims 3 and 12: Pardeshi discloses with respect to the method of claim 1, wherein modifying the training content includes adding one or more of a recommendation, controller mapping, controller input sequences, location map, location information, objective information, and supplementary information to the training content (see paragraph [0090]: an example of the limitation demonstrated in the system include “In at least one embodiment, a given tip may only be provided with a maximum frequency or number of occurrences, and a skill that has not improved after a number of these tips might cause a different tip, or type of tip, to be generated and provided in order to help improve that particular skill for that player.”). Re claim 4-7, and 13-16. Pardashi fails to specifically disclose under a 102 analysis the method of claim 1, wherein modifying the training content includes modifying the trigger event, and wherein modifying the trigger event includes modifying a threshold associated with the trigger events, and wherein modifying the trigger event includes disabling the trigger event and wherein modifying the trigger event includes adding a new trigger event. However, Pardashi discloses a player index that includes storage for training content including tips and recommendation associated with the player, including reoccurring and past tips (see [0085, 0086, 0087, 0090]). Pardashi also discloses that the adaptive agent makes adjustments to aid in the improvement of the player (see paragraph [0090]). One of ordinary skill in the art would understand that as a player improves, previous data is no longer needed to present to the player, such as beginner level tips no longer being necessary when a player is at the advanced level. Thus, triggering events for players will need to be modified, disabled/removed, and added from those that trigger tips for lesser skilled players to higher skill players. Additionally, the threshold for a triggering event occurring will be lower as the player becomes more skilled and related tips to the triggering event are no longer needed. It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the adaptive agent of Pardashi to modify the triggering event information according to user skill progression, because the tips and recommendations are not as necessary as they were in the past, and the storage space can be used for new learned tips with their associated triggering events. Re claims 8 and 17: Pardeshi discloses with respect to the method of claim 1, further comprising automatically providing the modified training content to a secondary user device among the user devices of the player during gameplay concurrent with the trigger event (see paragraph [0097]). Re claim 9 and 18: Pardeshi discloses with respect to the method of claim 1, wherein the training content includes a set of training activities, and wherein modifying the training content includes modifying one or more of the training activities in the set (see paragraph [0090]: the training content includes a set of training activities, including a set of recommendations, wherein the content is further modified to include additional tips if the previous ones do not work, “In at least one embodiment, a given tip may only be provided with a maximum frequency or number of occurrences, and a skill that has not improved after a number of these tips might cause a different tip, or type of tip, to be generated and provided in order to help improve that particular skill for that player.”). Re claim 20: Pardaeshi discloses with respect to the non-transitory computer-readable storage medium of claim 19, wherein the received activity data regarding player performance indicates one or more updated skill levels for one or more of the different gameplay skill types (see Pardeshi, paragraph [0068]: “ In at least one embodiment, a player skill index is generated 808, or updated, based upon player data for these skill categories, such as data and metadata for detected actions that fall within each of these categories, and associated skill values determined for these categories based at least in part upon this data.”; and [0095]: “ In at least one embodiment, a player skill index is updated 1012 based at least in part upon detection and reaction times, or overall reaction time. In at least one embodiment, one or more reaction improvement suggestions can be determined 1014 to provide to this player at an appropriate time.”). Re claim 21: Pardeshi in view of Benedetto discloses with respect to the non-transitory computer-readable storage medium of claim 19, wherein the training content is modified by adding one or more of a recommendation, controller mapping, controller input sequences, location map, location information, objective information, or supplementary information to the training content (see Benedetto, paragraph [0068]: the training content can be modified to include other information such as a walkthrough). Response to Arguments Applicant’s arguments with respect to claim(s) 1, 10, and 19 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. Applicant has amended the claims to state “modifying the training content based on the player performance, wherein modifying the training content includes modifying the trigger event, and wherein a presentation of the modified training content is provided to one or more user devices of the player, the one or more user devices including the user device.” However, Benedeto discloses such (see paragraph [0068]). The contents of the rejection can be seen above. For these reasons, the claims remain rejected. Conclusion THIS ACTION IS MADE FINAL. 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 REGINALD A RENWICK whose telephone number is (571)270-1913. The examiner can normally be reached Monday-Friday 11am-7pm. 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. REGINALD A. RENWICK Primary Examiner Art Unit 3714 /REGINALD A RENWICK/Primary Examiner, Art Unit 3715
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Prosecution Timeline

Oct 31, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103
Aug 18, 2026
Interview Requested
Sep 01, 2026
Applicant Interview (Telephonic)
Sep 03, 2026
Response Filed
Sep 19, 2026
Examiner Interview Summary
Oct 05, 2026
Final Rejection mailed — §103 (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

3-4
Expected OA Rounds
70%
Grant Probability
79%
With Interview (+9.3%)
3y 0m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 722 resolved cases by this examiner. Grant probability derived from career allowance rate.

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