Prosecution Insights
Last updated: October 25, 2026
Application No. 18/974,287

METHOD FOR PREVENTING USER COLLISION WHILE PLAYING IN A VIRTUAL REALITY ENVIRONMENT

Non-Final OA §102
Filed
Dec 09, 2024
Priority
May 29, 2018 — continuation of 10/255,729 +5 more
Examiner
D'AGOSTINO, PAUL ANTHONY
Art Unit
Tech Center
Assignee
Exploring Digital LLC
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
889 granted / 1214 resolved
+13.2% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
48 currently pending
Career history
1250
Total Applications
across all art units

Statute-Specific Performance

§101
14.2%
-25.8% vs TC avg
§103
40.5%
+0.5% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1214 resolved cases

Office Action

§102
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 . Priority Upon review of the Specification, Applicant only has written description support as of only the parent case 18/094,186 filed 1/6/2023. Claim Rejections - 35 USC § 102 3. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 4. Claims 1-14 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by U.S. Pat. Pub. No. 2020/0128902 to Brown. In Reference to Claims 1 and 8 Brown discloses a system for generating a virtual reality environment, comprising: a mocap suit (Fig. 13A 120) including a plurality of sensors ([0158 sensors) for generating at least one mocap suit output responsive to movement of an individual within the mocap suit within the virtual reality environment ([0158]); at least one virtual reality player headset (Fig.13A helmet 116) for generating at least one virtual reality headset output responsive to actions of a player within the virtual reality environment ([0158]); a virtual reality controller for receiving the at least one mocap suit output and the at least one virtual reality headset output (computing device [0160]) and generating the virtual reality environment for display in the at least one virtual reality player headset ([0170, 0174] display of football field, viewable on helmets and tablet); and wherein the virtual reality controller selectively generates an avatar associated with the mocap suit responsive to the at least one mocap suit output ([0170] a highlighted player is shown on the AR interface of the coach 1404 wearing helmet 116), the avatar being selectively inserted into the virtual reality world responsive to a first input and selectively removed from the virtual reality environment responsive to a second input ([0170] the coach selects a player through the AR interface, [0174] coach taps on an icon representing a player 1608, Fig. 16A, the coach also has the ability to individually ghost team-members and offensive players which is construed as removing the avatar [0281] and users have the ability to remove an item of information from what is presented on the display [0255], both of which are understood to apply to ghosting or removing avatars as well). In Reference to Claims 2 and 9 Brown discloses motion capture software implemented within the virtual reality controller for generating the avatar associated with the mocap suit responsive to the at least one mocap suit output (Fig. 2A CPU 204 [0112] uses any number of software technologies [0113], see mocap suit records body movement data [0108], the coach may tap on an icon or a representation of a particular player [0122]). In Reference to Claims 3 and 10 Brown discloses a virtual reality hub about a network (Fig. 1 214) connected to receive the at least one mocap suit output and the at least one virtual reality headset output (Fig. 1 120, 116) and transmitting the at least one mocap suit output and the at least one virtual reality headset output to the virtual reality controller (Fig. 1 to CPU 204). In Reference to Claims 4 and 11 Brown discloses a head mounted camera for capturing facial expressions and converting the facial expressions to the at least one mocap suit output responsive to the facial expressions of the individual (see imaging element 3434-1 [0218], selfie [0218], see also gaze information sent to the mocap suit [0214, 0222]). In Reference to Claims 5 and 12 Brown discloses an inertial measurement unit for tracking the individual’s movement using accelerometers, gyroscopes and magnetometers ([0096]). In Reference to Claims 6 and 13 Brown discloses an actuator associated with the mocap suit for selectively generating the first input for inserting the avatar into the virtual reality world and the second input for removing the avatar from the virtual reality world (Brown discloses an interface and menu of Fig. 32 of which the selections are actuators, see mocap suit transfers data [0109] and responsive to data shard between components of the system [0111])). In Reference to Claims 7 and 14 Brown discloses a controller tablet 1600 ([0173]) associated with the virtual reality controller for selectively generating the first input for inserting the avatar into the virtual reality world and the second input for removing the avatar from the virtual reality world. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited. 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992. 7. Examiner interviews may be available depending on the stage of prosecution and provided 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. 8. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached on (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992. /PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
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Prosecution Timeline

Dec 09, 2024
Application Filed
Oct 09, 2026
Non-Final Rejection mailed — §102 (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
73%
Grant Probability
87%
With Interview (+13.9%)
3y 2m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1214 resolved cases by this examiner. Grant probability derived from career allowance rate.

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