Prosecution Insights
Last updated: July 17, 2026
Application No. 19/004,842

VIDEOGAME APPARATUS AND METHOD

Non-Final OA §102
Filed
Dec 30, 2024
Priority
Jan 05, 2024 — GB 2400143.0
Examiner
BOLOTIN, DMITRIY
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
913 granted / 1129 resolved
+20.9% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
1151
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
71.4%
+31.4% vs TC avg
§102
9.7%
-30.3% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1129 resolved cases

Office Action

§102
DETAILED ACTION It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items: 1. Application number (checked for accuracy, including series code and serial no.). 2. Group art unit number (copied from most recent Office communication). 3. Filing date. 4. Name of the examiner who prepared the most recent Office action. 5. Title of invention. 6. Confirmation number (See MPEP § 503). 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 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 – 5, 7, 8, 11, 12, 14 – 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (US 2023/0013601). As to claim 1, Xu discloses a method of providing a demo version of a video game (fig. 4), comprising the steps of: on a computer, monitoring predefined units of gameplay or 'activities', that start and stop within videogames (receives an invoke instruction [0059 – 0060]); receiving a demo file, the demo file identifying a videogame, and one or more activities of that videogame (receive trial at 205 of fig. 4); starting the videogame together with an instruction to begin with at a least a first identified activity (receive an operation event on the trial image frame at 206 of fig. 4); and terminating the videogame once at least a first termination criterion is met (terminating trial at key frame [0170]); and wherein a termination criterion is that the or each activity identified in the demo file is completed (ending trial at stop condition [0169]). As to claim 2 (dependent on 1), Xu discloses the method, in which the step of starting the video game comprises: contacting a remote server to request that output of the video game (contacting the cloud server of fig. 4), beginning with at a least a first identified activity, is streamed to the computer (transmitting trial image frame sequence at 204 of fig. 4). As to claim 3 (dependent on 1), Xu discloses the method, in which the step of starting the video game comprises: contacting a remote server to request at least a partial copy of the videogame that encompasses the or each identified activity (transmitting trial request at 202 of fig. 4). As to claim 4 (dependent on 1), Xu discloses the method, in which the step of starting the video game comprises checking that the videogame is being started only in response to use of a demo file. As to claim 5 (dependent on 1), Xu discloses the method, in which the demo file identifies an activity for the videogame to start with, and any dependencies or further criteria for starting one or more other activities during play of the videogame; and the method comprises the computer implementing these (identifying activities for game demo [0074 – 0076]). As to claim 7 (dependent on 1), Xu discloses the method, in which the demo file identifies one or more termination criteria comprising a maximum time spent with an activity started (trial reaches trial duration [0169 – 0170]). As to claim 8 (dependent on 1), Xu discloses the method, in which the step of terminating the video game occurs a predetermined period of time after at least a first termination criterion is met, the predetermined period of time being a default period (a trial time reaches trial duration, the trial ends [0170]). As to claim 11, Xu discloses a non-transitory, computer readable storage medium containing a computer program comprising computer executable instructions that when executed by a computer system, cause the computer system to perform a method of providing a demo version of a video game (fig. 4), comprising the steps of: on a computer, monitoring predefined units of gameplay or 'activities', that start and stop within videogames (receives an invoke instruction [0059 – 0060]); receiving a demo file, the demo file identifying a videogame, and one or more activities of that videogame (receive trial at 205 of fig. 4); starting the videogame together with an instruction to begin with at a least a first identified activity (receive an operation event on the trial image frame at 206 of fig. 4); and terminating the videogame once at least a first termination criterion is met (terminating trial at key frame [0170]); and wherein a termination criterion is that the or each activity identified in the demo file is completed (ending trial at stop condition [0169]). As to claim 12 (dependent on 1), Xu discloses the method of creating a demo version of a video game (fig. 4), comprising the steps of: on a computer that monitors predefined units of gameplay or 'activities' that start and stop within videogames (monitoring for trial request [0072]), receiving one or more user inputs indicating the selection of one or more activities for inclusion in a demo (monitor for user operation [0092]); generating a demo file identifying the video game and the or each activity (generating demo of an activity [0074 – 0079]); and transmitting the demo file to a third party (transmitting demo to terminal of fig. 4). As to claim 14, Xu discloses a non-transitory, computer readable storage medium containing a computer program comprising computer executable instructions that when executed by a computer system, cause the computer system to perform a method of creating a demo version of a video game (fig. 4), comprising the steps of: on a computer that monitors predefined units of gameplay or 'activities' that start and stop within videogames (monitoring for trial request [0072]), receiving one or more user inputs indicating the selection of one or more activities for inclusion in a demo (monitor for user operation [0092]); generating a demo file identifying the video game and the or each activity (generating demo of an activity [0074 – 0079]); and transmitting the demo file to a third party (transmitting demo to terminal of fig. 4). As to claim 15, Xu discloses a computer configured in operation to provide a demo version of a video game (fig. 4), the computer comprising: a monitoring unit configured to monitor predefined units of gameplay or 'activities', that start and stop within videogames (receives an invoke instruction [0059 – 0060]); an input configured to receive a demo file, the demo file identifying a videogame and one or more activities of that videogame (receive trial at 205 of fig. 4); a control unit configured to start the videogame together with an instruction to begin with at a least a first identified activity (receive an operation event on the trial image frame at 206 of fig. 4), the control unit being configured to terminate the videogame once at least a first termination criterion is met (terminating trial at key frame [0170]); and wherein a termination criterion is that the or each activity identified in the demo file is completed (ending trial at stop condition [0169]). As to claim 16, Xu discloses a computer configured in operation to create a demo version of a video game (fig. 4), the computer comprising: a monitoring unit configured to monitor predefined units of gameplay or 'activities', that start and stop within videogames (monitoring for trial request [0072]); a user interface unit configured to receive one or more user inputs indicating the selection of one or more activities for inclusion in a demo (monitor for user operation [0092]); a file generating unit configured to generate a demo file identifying the video game and the or each activity (generating demo of an activity [0074 – 0079]); and a transmission unit configured to transmit the demo file to a third party (transmitting demo to terminal of fig. 4). Allowable Subject Matter Claims 6, 9, 10 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: As to claim 6 (dependent on 1), Xu discloses the method of claim 1, but Xu alone or in combination with other art of record fails to disclose the method in which the demo file identifies data corresponding to that in a save game file of the videogame which specifies a game state suitable for the activity the video game is started with, and the method comprises the video game using this identified data when starting with the activity. (Emphasis Added.) As to claim 9 (dependent on 1), Xu discloses the method of claim 1, but Xu alone or in combination with other art of record fails to disclose the method comprising the steps of: on the computer, monitoring the total number of different activities that start and stop within a videogame over time; and preventing starting of the videogame with at a least a first activity if that activity will increase the number of different activities started beyond a threshold amount. (Emphasis Added.) As to claim 10 (dependent on 1), Xu discloses the method of claim 1, but Xu alone or in combination with other art of record fails to disclose the method comprising the step of: on the computer, preventing the video game from storing any additional save games on the computer that are not necessary to the operation of the demo. (Emphasis Added.) As to claim 13 (dependent on 12), Xu discloses the method of claim 12, but Xu alone or in combination with other art of record fails to disclose that the method comprises receiving one or more user inputs indicating one or more selected from the list consisting of: i. to include one or more termination criteria in the demo file; ii. to identify in the demo file data corresponding to that in a save game file of the videogame which specifies a game state suitable for the activity the video game will be started with; and iii. a total number of different activities within the videogame that can be accessed in a demo mode. (Emphasis Added.) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY BOLOTIN whose telephone number is (571)270-5873. The examiner can normally be reached M-F 9AM - 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, Chanh Nguyen can be reached at (571)272-7772. 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. /DMITRIY BOLOTIN/ Primary Examiner, Art Unit 2623
Read full office action

Prosecution Timeline

Dec 30, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12681633
Information Processing Device, Operation Input Method And Operation Input Program
3y 6m to grant Granted Jul 14, 2026
Patent 12681536
DISPLAY DEVICE
2y 10m to grant Granted Jul 14, 2026
Patent 12681298
WAVEGUIDE BASED IMAGING SYSTEM FOR OBJECT TRACKING AND WAVEGUIDE BASED DISPLAY SYSTEM FOR REDUCING WORLD SIDE GHOST
2y 3m to grant Granted Jul 14, 2026
Patent 12681534
FOLDING MULTIMEDIA DISPLAY DEVICE
2y 2m to grant Granted Jul 14, 2026
Patent 12682841
LIGHT-EMITTING SUBSTRATE
1y 6m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
94%
With Interview (+12.9%)
2y 4m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1129 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month