Prosecution Insights
Last updated: October 02, 2026
Application No. 19/040,160

STORAGE MEDIUM, INFORMATION PROCESSING SYSTEM, INFORMATION PROCESSING APPARATUS, AND INFORMATION PROCESSING METHOD

Non-Final OA §103
Filed
Jan 29, 2025
Priority
Jan 30, 2024 — JP 2024-011601
Examiner
BAIG, SENIYA
Art Unit
Tech Center
Assignee
Nintendo Co., Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
8 currently pending
Career history
5
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1- 4, 8-11, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140244018 A1 to Bach et al. in view of US 20180264365 A1 to Soederberg et al. and in further view of US 20070162237A1 to Demizu et al. Regarding claim 1, Bach et al. teaches a one or more non-transitory computer-readable storage medium having stored therein instructions that, when executed, cause one or more processors of an information processing apparatus to execute information processing; (See Figure 1b and [0072-0073]). determining parameters of a position, a rotation, and a scale for each of a plurality of parts; [0058, 0073, and 0080]. and generating a composite object including a first part and a second part, the first part having a shape obtained by combining the plurality of parts;(See Figure 5a-5c, element 501, 502, 503, 504, 505, 507 and [0089-0090]. wherein the parameters are determined are associated with placement and orientation of parts that are determined; [0029, 0058, and 0073]. However, Bach et al. does not teach determining those parameters such that a reference position in the virtual space is not shielded by the first part in a reference direction of the composite object as well as not teaching a second part being placed at a reference position in the virtual space and being different from the first. Soederberg et al. teaches a virtual toy construction model comprises a plurality of one or more virtual toy construction elements that together form the virtual toy construction model [0095]. Soederberg et al. further teaches wherein linear dimensions of the virtual toy construction elements in a Cartesian coordinate system in x-, y-, and z-directions of the virtual space are expressed as integer multiples of the corresponding predetermined length unit in the virtual space. [0033]. Demizu et al. further teaches a target part with a target position in a three-dimensional virtual space and maintaining the relative position of the target part with respect to the target position (Fig 4, 6 and 13 elements 3 and 5). It also teaches determining the visibility of a target part from the point of a human body model arranged in a three-dimensional virtual space, which includes whether an object interferes with the view and target [0024, 0025, 0047]. It would have been obvious to one of ordinary skill in the art skill before the effective date to incorporate positioning parts in a three-dimensional virtual space and evaluating the visibility of a target position, which would improve how to evaluate the generated composite object. Regarding claim 2, Bach et al. teaches the non-transitory computer-readable storage medium according to claim 1, wherein the parameters are determined such that the reference position is located at a surface of the first part. (Bach et al. discloses FIG. 3a shows a perspective view of a construction element 301. The construction element 301 has a top surface 302 with eight knobs 303a-h that can engage with corresponding holes of another construction element, e.g. holes on the bottom surface of another construction element. [0066]). Regarding claim 3, Bach et al. teaches The non-transitory computer-readable storage medium according to claim 1, wherein the virtual space is a three-dimensional space, each of the plurality parts has a flat surface portion, and the parameter of the position and the parameter of the scale are determined such that a flat surface including the reference position and the surface portions of the plurality of parts are located within the same plane, and the parameter of the rotation is determined such that the surface portions are perpendicular to the reference direction and face the side in the reference direction. (Bach et al. discloses For example, the process may define a discrete 3D grid relative to the coordinate system. Some or all of the grid points of the grid may represent valid positions for coupling elements. For example, the 3D grid may have the form of parallel planes, each plane comprising a 2D grid each a rectangular or square grid [0073]. For example, in an embodiment comprising coupling elements in the form of protrusions and corresponding cavities (e.g. as described in connection with FIGS. 3a-c above), coupling elements of the protrusion type and the cavity type may be restricted to be placed on opposing surfaces of a construction element, thus defining a top (i.e. upwardly directed) surface and a bottom surface (i.e. downwardly directed) [0026]. The process may maintain a hierarchical structure, e.g. in the form of a CSG tree, defining the original basic shapes (and their placement, scaling etc.), and a chosen operator that combines them, in the example of FIG. 5a the union operator and he leaf nodes representing basic shapes may have coordinates associated with them indicative of the position and rotation of the shape [0089 and 0090]. Regarding claim 4, Bach et al. teaches the non-transitory computer-readable storage medium according to claim 1, wherein for each of the plurality of parts, the parameters are determined within a range that is set in advance [0073]. However, Bach et al. does not teach in shielding the reference position by the first part on the side in the reference direction of the composite object and does not teach determining those parameters such that a reference position is not shielded by the first part in a reference direction of the composite object. Soederberg et al. teaches a virtual toy construction model comprises a plurality of one or more virtual toy construction elements that together form the virtual toy construction model [0095]. It would have been obvious in the ordinary skill before the effective filing date to determine the parameters within a predetermined range while also making sure that the reference position is visible while being visible which then improves the composite object. Regarding claim 8, Bach et al. teaches a non-transitory computer-readable storage medium according to claim 1 which compromise determining the parameters of a position, a rotation, and a scale for each of a plurality of parts and generating a composite object including a first part and second part (Fig 1b, 5a-5c, [0058, 0073, 0080, 0089-0090]). However, Bach et al. does not teach wherein the plurality of parts, and the first part of the composite object are voxel objects generated based on voxel data. Soederberg et al. teaches the process may then create a voxel-based representation of the real-world scene and then create a virtual toy construction model from the voxel-based representation, e.g. such that each virtual toy construction element of the virtual toy construction model corresponds to a single voxel or to a plurality of voxels of the voxel-based representation. [0067]. It would have been obvious in the ordinary skill before the effective filing date to generate the plurality of parts as well as first part of the composite object based on voxel data in order to create a voxel-based representation. Regarding claim 9, Bach et al. teaches a non-transitory computer-readable storage medium according to claim 1 which compromise determining the parameters of a position, a rotation, and a scale for each of a plurality of parts and generating a composite object including a first part and second part (Fig 1b, 5a-5c, [0058, 0073, 0080, 0089-0090]). However, Bach et al. doesn’t teach the composite object is a non-player character. Soederberg et al. teaches The properties may be allowed to evolve, e.g. by growth, degradation, flow, simulated heating, simulated cooling, changes in color and/or surface texture, movement, spawning of resources and/or non-playing characters, etc. [0036]. It would have been obvious in the ordinary skill in the art before the effective filing date to use the composite object as a non-player character to use in a virtual gameplay. Regarding claim 10, Bach et al. teaches the information processing of claim 9 in which the composite object is a non-player character (Fig 1b, 5a-5c, [0058, 0073, 0080, 0089-0090]). However, Bach et al. does not teach wherein the information processing further comprises controlling the non-player character such that the reference direction is shifted to a direction from the non-player character to a player character. Soederberg et al. teaches both user-controllable characters and non-playing characters ([0035]-[0036]). Soederberg et al. makes clear that the user may build characters and also have a virtual experience that can be performed with a matching user-controllable character moving around in/on the virtual toy construction model in the virtual world and that the user experiences a closer link between play in the physical space and the virtual space ([0035]). It would have been obvious in the ordinary skill in the art before the effective filing date to modify Bach et al. to include features of making player characters and non-player characters as taught by Soederberg, and allowing the player to see from a character’s perspective as taught or suggested by Soederberg, in order to provide an improved interactive experience. Regarding claim 11, Bach et al. teaches the information processing of claim 9 in which the composite object is a non-player character (Fig 1b, 5a-5c, [0058, 0073, 0080, 0089-0090]). However, Bach et al. doesn’t teach comprising deleting a part of the composite object according to a motion of a player character. Soederberg et al. teaches the process may thus create a virtual environment as a representation of a modified scene, the modified scene corresponding to the real-world scene with the recognized physical object being removed [0060]. It also further teaches such movement and/or other interaction may be controlled based on game events e.g. based on user inputs. In particular, the virtual object may be a player character or other user-controlled character or it may be a non-player character [0062]. It would have been obvious in the ordinary skill in the art before the effective filing date to remove a part of the composite object in response to the movement of a player taught by Soederberg et al. in order to modify the virtual gameplay environment. Regarding claim 15, Bach et al. teaches an information processing system, comprising: one or more processors that are configured to execute information processing comprising: determining parameters of a position, a rotation, and a scale for each of a plurality of parts; (See Figure 1b and [0072-0073]). determining parameters of a position, a rotation, and a scale for each of a plurality of parts; [0058, 0073, and 0080]. and generating a composite object including a first part and a second part, the first part having a shape obtained by combining the plurality of parts; (See Figure 5a-5c, element 501, 502, 503, 504, 505, 507 and [0089-0090]. wherein the parameters are determined are associated with placement and orientation of parts that are determined; [0029, 0058, and 0073]. However, Bach et al. does not teach determining those parameters such that a reference position in the virtual space is not shielded by the first part in a reference direction of the composite object as well as not teaching a second part being placed at a reference position in the virtual space and being different from the first. Soederberg et al. teaches a virtual toy construction model comprises a plurality of one or more virtual toy construction elements that together form the virtual toy construction model [0095]. Soederberg et al. further teaches wherein linear dimensions of the virtual toy construction elements in a Cartesian coordinate system in x-, y-, and z-directions of the virtual space are expressed as integer multiples of the corresponding predetermined length unit in the virtual space. [0033]. Demizu et al. further teaches a target part with a target position in a three-dimensional virtual space and maintaining the relative position of the target part with respect to the target position (Fig 4, 6 and 13 elements 3 and 5). It also teaches determining the visibility of a target part from the point of a human body model arranged in a three-dimensional virtual space, which includes whether an object interferes with the view and target [0024, 0025, 0047]. It would have been obvious to one of ordinary skill in the art skill before the effective filing date to incorporate positioning parts in a three-dimensional virtual space and evaluating the visibility of a target position, which would improve how to evaluate the generated composite object. Regarding claim 16, Bach et al. teaches an information processing system, comprising: one or more processors that are configured to execute information processing comprising: determining parameters of a position, a rotation, and a scale for each of a plurality of parts; (See Figure 1b and [0072-0073]). determining parameters of a position, a rotation, and a scale for each of a plurality of parts; [0058, 0073, and 0080]. and generating a composite object including a first part and a second part, the first part having a shape obtained by combining the plurality of parts; (See Figure 5a-5c, element 501, 502, 503, 504, 505, 507 and [0089-0090]. wherein the parameters are determined are associated with placement and orientation of parts that are determined; [0029, 0058, and 0073]. However, Bach et al. does not teach determining those parameters such that a reference position in the virtual space is not shielded by the first part in a reference direction of the composite object as well as not teaching a second part being placed at a reference position in the virtual space and being different from the first. Soederberg et al. teaches a virtual toy construction model comprises a plurality of one or more virtual toy construction elements that together form the virtual toy construction model [0095]. Soederberg et al. further teaches wherein linear dimensions of the virtual toy construction elements in a Cartesian coordinate system in x-, y-, and z-directions of the virtual space are expressed as integer multiples of the corresponding predetermined length unit in the virtual space. [0033]. Demizu et al. further teaches a target part with a target position in a three-dimensional virtual space and maintaining the relative position of the target part with respect to the target position (Fig 4, 6 and 13 elements 3 and 5). It also teaches determining the visibility of a target part from the point of a human body model arranged in a three-dimensional virtual space, which includes whether an object interferes with the view and target [0024, 0025, 0047]. It would have been obvious to one of ordinary skill in the art skill before the effective date to incorporate positioning parts in a three-dimensional virtual space and evaluating the visibility of a target position, which would improve how to evaluate the generated composite object. Regarding claim 17, Bach et al. teaches an information processing system, comprising: one or more processors that are configured to execute information processing comprising: determining parameters of a position, a rotation, and a scale for each of a plurality of parts; (See Figure 1b and [0072-0073]). determining parameters of a position, a rotation, and a scale for each of a plurality of parts; [0058, 0073, and 0080]. and generating a composite object including a first part and a second part, the first part having a shape obtained by combining the plurality of parts; (See Figure 5a-5c, element 501, 502, 503, 504, 505, 507 and [0089-0090]. wherein the parameters are determined are associated with placement and orientation of parts that are determined; [0029, 0058, and 0073]. However, Bach et al. does not teach determining those parameters such that a reference position in the virtual space is not shielded by the first part in a reference direction of the composite object as well as not teaching a second part being placed at a reference position in the virtual space and being different from the first. Soederberg et al. teaches a virtual toy construction model comprises a plurality of one or more virtual toy construction elements that together form the virtual toy construction model [0095]. Soederberg et al. further teaches wherein linear dimensions of the virtual toy construction elements in a Cartesian coordinate system in x-, y-, and z-directions of the virtual space are expressed as integer multiples of the corresponding predetermined length unit in the virtual space. [0033]. Demizu et al. further teaches a target part with a target position in a three-dimensional virtual space and maintaining the relative position of the target part with respect to the target position (Fig 4, 6 and 13 elements 3 and 5). It also teaches determining the visibility of a target part from the point of a human body model arranged in a three-dimensional virtual space, which includes whether an object interferes with the view and target [0024, 0025, 0047]. It would have been obvious to one of ordinary skill in the art skill before the effective date to incorporate positioning parts in a three-dimensional virtual space and evaluating the visibility of a target position, which would improve how to evaluate the generated composite object. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140244018 A1 to Bach et al. in view of US 20180264365 A1 to Soederberg et al. and in view of US 20070162237A1 to Demizu et al.in further view of US 2017/0304732 A1 to Velic et al. Regarding claim 5, Bach et al. teaches determines parameters of a position, rotation, and a scale for each of the plurality of parts (See Figure 1b and 0058, 0073, and 0080). However, Bach et al. does not teach at least one of the parameters is determined based on probability. Velic et al. teaches for example, the annotated images may be processed by applying a transformation (e.g. flipping, cropping, scaling, skewing, eroding, etc.) that has a degree of randomness, e.g. a parameter defining a degree or type of transformation. Such a parameterized transformation of an annotated image prior to using an annotated image in a training step may be varied randomly or quasi-randomly between different training steps that are based on the annotated image [0019]. It would have been obvious to one of ordinary skill in the art skill before the effective filing date to determine one parameter based on the randomness or probability in order for training steps to be varied or differentiated. Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140244018 A1 to Bach et al. in view of US 20180264365 A1 to Soederberg et al. and in view of US 20070162237A1 to Demizu et al. in further view of US 11045735 B2 to Shimomoto. Regarding claim 6, Bach et al. teaches determining parameters of a position, a rotation, and a scale for each of the plurality of parts and generating a composite object including a first and a second part (See Figure 1b and 0058, 0073, 0080, 0089-0090 and Fig 5A-5C). Velic et al. teaches for example, the annotated images may be processed by applying a transformation (e.g. flipping, cropping, scaling, skewing, eroding, etc.) that has a degree of randomness, e.g. a parameter defining a degree or type of transformation. Such a parameterized transformation of an annotated image prior to using an annotated image in a training step may be varied randomly or quasi-randomly between different training steps that are based on the annotated image [0019]. Demizu et al. further teaches a target part with a target position in a three-dimensional virtual space and maintaining the relative position of the target part with respect to the target position (Fig 4, 6 and 13 elements 3 and 5). It also teaches determining the visibility of a target part from the point of a human body model arranged in a three-dimensional virtual space, which includes whether an object interferes with the view and target [0024, 0025, 0047]. Shimonto teaches the server system 1100 repeats the foregoing process at each update of the throwing vector 6728 to update the flying destination coordinates 6730 and the flying route data 6731 [Column 39, 17-20]. It would have been obvious to one of ordinary skill in the art skill before the effective filing date to execute a probability-based parameter as taught by Velic et al. while also determining the visibility of a target part taught by Demizu et al. and to repeatedly execute until the parameters are determined in order to improve the reference direction of the composite object. Regarding claim 12, Bach et al. teaches the information processing of claim 9 in which the composite object is a non-player character (Fig 1b, 5a-5c, [0058, 0073, 0080, 0089-0090]). Soederberg et al. further teaches the process may thus create a virtual environment as a representation of a modified scene, the modified scene corresponding to the real-world scene with the recognized physical object being removed [0060]. However, they don’t teach restoring the shape of the composite object to an original shape thereof according to a lapse of time. Shimonto teaches the NPC automatic control process includes performing the automatic backup control by an automatic control to recover the friend character form damage and it’s possible to implement the automatic backup by the automatic control to restore the friend character form damage, the automatic control to move the friend character to a given movement destination, and the automatic control to temporarily improve the ability value of the friend character. [Column 12, lines 8-12 and 52-57]. It would have been obvious to one of ordinary skill in the art before the effective filing date to restore the shape of the composite object to an original shape after the composite object has been deleted taught by Shimomoto in order to improve the virtual gameplay experience. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140244018 A1 to Bach et al. in view of US 20180264365 A1 to Soederberg et al. and in view of US 20070162237A1 to Demizu et al.in further view of US 20130196728 A1 to Yasue. Regarding claim 7, Bach et al. teaches determining parameters of a position, a rotation, and a scale for each of the plurality of parts and generating a composite object including a first and a second part (See Figure 1b and 0058, 0073, 0080, 0089-0090 and Fig 5A-5C). Yasue teaches FIG. 9 is a diagram showing an example of a game image displayed on the first display of the game apparatus. On the first display 11, a two-dimensional game image obtained by perspectively transforming a situation in a three-dimensional virtual space on a virtual screen is displayed [0076]. The sub-character can be placed at a position where the main character 30 is located [0078]. It would have been obvious in the ordinary skill in the art before the effective filing date to determine the parameters the composite object in virtual space during the execution of a game to give the dynamic placement of the virtual gameplay. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140244018 A1 to Bach et al. in view of US 20180264365 A1 to Soederberg et al. and US 20070162237A1 to Demizu et al. in further view of US 20190240581 A1 to Walker et al. Regarding claim 13, Bach et al. teaches the information processing of claim 9 in which the composite object as a non-player character (Fig 1b, 5A-5C, 0058, 0073, 0080, 0089-0090). Soederberg et al. further teaches the properties may be allowed to evolve, e.g. by growth, degradation, flow, simulated heating, simulated cooling, changes in color and/or surface texture, movement, spawning of resources and/or non-playing characters, etc. [0036]. However, Bach et al. doesn’t teach the second part is an object representing an eye of the non-player character. Walker et al. teaches Graphic markers on a creature's eyes are recognized and the corresponding animation targets are overlaid on to the virtual object. If the user selects the global attribute ‘angry monster’, angry eye animations are displayed. Alternatively, the user could locally define that the left eye will be ‘angry monster’ and the right be ‘cute girly monster’ [0210]. It would have been obvious in the ordinary art skill before the effective filing date to provide the second part of the composite object representing an eye of the non-player character in order to give an avatar customization. Regarding claim 14, Bach et al. teaches the information processing of claim 9 in which the composite object as a non-player character (Fig 1b, 5A-5C, 0058, 0073, 0080, 0089-0090). Soederberg et al. further teaches the properties may be allowed to evolve, e.g. by growth, degradation, flow, simulated heating, simulated cooling, changes in color and/or surface texture, movement, spawning of resources and/or non-playing characters, etc. [0036]. However, Bach et al. doesn’t teach the second part is an object representing an eye of the non-player character. Walker et al. teaches Graphic markers on a creature's eyes are recognized and the corresponding animation targets are overlaid on to the virtual object. If the user selects the global attribute ‘angry monster’, angry eye animations are displayed. Alternatively, the user could locally define that the left eye will be ‘angry monster’ and the right be ‘cute girly monster’ [0210]. It would have been obvious in the ordinary art skill before the effective filing date to provide the second part of the composite object representing a feature of the non-player character in order to give an avatar customization. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure US 8360879 B2 to Yamamoto teaches a game machine in which it involves a race kart that is a player object which determines the pose of a player object. It is used to determine the process for bringing the direction of the player kart's height close to the normal vector of the ground and bringing the traveling direction of the race kart close to the pre-overturn traveling direction. US 8151199 B2 to Gerson et al. teaches a data defining an avatar is received over a network. A sprite sheet comprising a plurality of sprites is created, using the data defining the avatar. Each sprite includes a partial rendering of the respective avatar and at least one run-time parameter including a sprite attribute. It is used to display the sprites in the sprite sheet, and wherein the user application is further enabled to set the at least one run-time parameter associated with each of the sprites in the sprite sheet such that each respective sprite is thereby customized to the application. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENIYA BAIG whose telephone number is (571)270-0447. The examiner can normally be reached Monday-Thursday 7:30am-5:00pm, Friday 7:30am-4:00pm. 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, Xuan Thai can be reached at (571) 272-7147. 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. /SENIYA BAIG/Examiner, Art Unit 3715 /WILLIAM H MCCULLOCH JR/Primary Examiner, Art Unit 3715
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Prosecution Timeline

Jan 29, 2025
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
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