Prosecution Insights
Last updated: October 22, 2026
Application No. 18/033,237

METHOD AND APPARATUS FOR RECONSTRUCTING FACE IMAGE BY USING VIDEO IDENTITY CLARIFICATION NETWORK

Final Rejection §103
Filed
Apr 21, 2023
Priority
Apr 22, 2021 — RE 10-2021-0052399 +2 more
Examiner
CROCKETT, JOSHUA BRIGHAM
Art Unit
2661
Tech Center
2600 — Communications
Assignee
Seoul National University R&DB Foundation
OA Round
4 (Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
33 granted / 40 resolved
+20.5% vs TC avg
Strong +20% interview lift
Without
With
+20.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
10 currently pending
Career history
60
Total Applications
across all art units

Statute-Specific Performance

§101
8.6%
-31.4% vs TC avg
§103
46.4%
+6.4% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
33.6%
-6.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/033,237 (the instant application), filed on 21 April 2023. Response to Arguments Claims 1, 7, 9, 12, and 18 are amended. Claims 1-20 are pending in this action. Applicant’s arguments, see pg. 8-9, filed 30 July 2026, with respect to the rejection of claims 7, 9, and 18 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Specifically, the applicant amended claims 7, 9, and 18 to correct the issues causing the rejections. Therefore, the rejection of claims 7, 9, and 18 under 35 U.S.C. have been withdrawn. Applicant’s arguments, see pg. 9-14, filed 30 July 2026, with respect to the rejection of claims 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Specifically, the applicant argues that Shi et al. (CN 111488779 A; hereafter, Shi) does not disclose calculating a motion field as claimed. The examiner agrees. The applicant further argues that Kim et al. (US 20130202162 A1; hereafter, Kim) does not disclose a warping operation driven by the motion field. The examiner agrees. Further, the applicant argues on pg. 11-12 that the combination of Shi and Kim does not disclose “a generator that receives and fuses the selected reference image with one or more companion images warped into the reference image's coordinate space using respective computed motion fields.” The examiner notes that this interpretation is more narrow than the broadest reasonable interpretation of the claim as the claim does not recite that the generator “receives and fuses” the images. Rather, the claim states that “generating, by executing the generator, a reconstructed face image . . . including: . . . combining the reference image and the warped at least one other face image so as to generate the reconstructed face image”. The “combining” in the claim is not limited to a generator receiving images as input and is given a broad interpretation of any combination of the reference image and the warped image to generate the reconstructed face image. Despite this, the examiner agrees that Shi and Kim alone or in combination do not disclose the claimed motion field calculation. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Xie et al. (US 20210327031 A1; hereafter, Xie). Xie discloses: determining a reference image of the plurality of face images ([0033] and Fig. 1, the reference frame is determined), performing inter-frame motion estimation ([0034] and Fig. 1, optical flow fields which are understood as motion estimation are calculated between the other frames and the reference frame) and warping between the reference image and at least one other face image of the plurality of face images ([0034] and Fig. 1, the motion is calculated for registration. [0041] the "registration" transforms the images "to a view of the reference frame" which is understood as warping), wherein inter-frame motion estimation is performed to compute a motion field between the reference image and the at least one other face image ([0034] and Fig. 1, optical flow fields are calculated between the reference frame and the other frames which are understood as motion fields), and the at least one other face image is warped into a coordinate space of the reference image using the computed motion field ([0034] and Fig. 1, the motion is calculated for registration. [0041] the "registration" transforms the images "to a view of the reference frame" which is understood as warping into a coordinate space of the reference image), combining the reference image and the warped at least one other face image so as to generate the reconstructed face image ([0035] and Fig. 1 and Fig. 2, the reference image and the registered images, i.e. the warped at least one other face image, are input into a neural network and a denoised image is output. Inputting the two images together into the neural network and receiving a single image as an output is understood as combining the images to generated the reconstructed image); The full rejection including motivations to combine is included below in the section “Claim Rejections - 35 USC § 103”. Therefore, claim 1 remains rejected under 35 U.S.C. 103. Claim 12 recites subject matter substantially similar to claim 1 and is likewise rejected. Claims 2-9 and 13-18 depend on claims 1 and 12 respectively and likewise remain rejected. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-9 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. ("Learning Face Image Super-Resolution Through Facial Semantic Attribute Transformation and Self-Attentive Structure Enhancement" the full reference is contained on the PTO-892 included in this action; hereafter, Li) in view of Shi et al. (CN 111488779 A; hereafter, Shi) in further view of Xie et al. (US 20210327031 A1; hereafter, Xie). Regarding claim 1, Li discloses: A face image reconstruction method executed by a face image reconstruction device comprising a processor (pg. 476 col. 2 para. 4, the method is performed on a GPU which is a processor), PNG media_image1.png 36 398 media_image1.png Greyscale the method comprising: acquiring training data (pg. 476 col. 2 para. 5, training data is acquired from large databases); PNG media_image2.png 54 348 media_image2.png Greyscale and training a video identity clarification model (video identity clarification network (VICN)) comprising a generator and a discriminator in a generative adversarial network competition relationship (pg. 471 col. 2 para. 2, the model includes a generator and a discriminator and the generator is in a relationship with the discriminator), PNG media_image3.png 276 380 media_image3.png Greyscale on the basis of the training data (pg. 471 col. 1 para. 2 and Fig. 3, the model this method is based around generates high resolution face images from low resolution images and is therefore understood to clarify the identity. Pg. 476 col. 1 para. 4, the model is trained), PNG media_image4.png 86 384 media_image4.png Greyscale PNG media_image5.png 92 388 media_image5.png Greyscale PNG media_image6.png 692 520 media_image6.png Greyscale wherein the training comprises: generating, by the generator, a reconstructed face image (it is commonly understood in the art that a model is trained by operating the model and then adjusting factors within the model according to some loss function. Therefore, references which describe the operating of a model are understood to include the operation during training of a model. pg. 471 col. 2 last para. through pg. 472 col. 1 para. 1 and Fig. 3, a "hallucinated" face is generated which is understood as a reconstructed face image) in which identity of a face shown in the plurality of face images has been clarified (pg. 471 col. 2 last para. through pg. 472 col. 1 para. 1 and Fig. 3, the hallucinated face is an optimized attempt to approximate the high resolution face image which is understood as the face image being clarified), PNG media_image7.png 36 394 media_image7.png Greyscale PNG media_image8.png 40 380 media_image8.png Greyscale and discriminating the reconstructed face image on the basis of the ground truth face image by executing the discriminator (pg. 472 col. 1 para. 1 and Fig. 3, several discriminators are run comparing the generated image against the ground truth image), PNG media_image9.png 220 384 media_image9.png Greyscale wherein the training further comprises calculating a training object function including a face feature similarity function between the reconstructed face image and the ground truth face image (pg. 475 col. 2 last para., the heatmap loss is considered to compare face features between the generated face image and the ground truth face image which is understood as a face similarity between the reconstructed face and the ground truth and is used in training the model). PNG media_image10.png 154 380 media_image10.png Greyscale Li does not disclose expressly acquiring training data comprising a plurality of face images tracked from a series of frames of an input video, and acquiring ground truth images for the plurality of face images. Shi discloses: acquiring training data comprising a plurality of face images ([0058] at least two images containing a face are extracted from a video which is a plurality of face images) tracked from a series of frames of an input video ([0060] the face image is tracked through continuous frames, [0061] such as a video) and a ground truth face image for the plurality of face images ([0069] the video data used includes high definition videos, i.e. ground-truth, and blurred videos. [0073] generate a facial feature pair between images of two resolutions, high and low, see [0071]. [0074] Use the feature pair to train the neural network. Therefore, the high definition video is understood as ground truth face images); Li and Shi are combinable because they are from the same field of endeavor of improving the resolution of face images (Li, pg. 468 col. 2 para. 2; Shi, [0006]). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the face image selection comprising a plurality of images of Shi with the invention of Li. The motivation for doing so would have been to "obtain the complete face sequence corresponding to the face to be identified" (Shi, [0061]). Therefore, it would have been obvious to combine Shi with Li. Li in view of Shi are not being relied on to disclose selecting a reference image and do not disclose expressly performing inter-frame motion estimation and warping between the reference image and at least one other face image of the plurality of face images, wherein the inter-frame motion estimation computes a motion field and the warping is based on the image field, and combining the reference image and the warped at least one other face image so as to generate the reconstructed face image. Xie discloses: determining a reference image of the plurality of face images ([0033] and Fig. 1, the reference frame is determined), performing inter-frame motion estimation ([0034] and Fig. 1, optical flow fields which are understood as motion estimation are calculated between the other frames and the reference frame) and warping between the reference image and at least one other face image of the plurality of face images ([0034] and Fig. 1, the motion is calculated for registration. [0041] the "registration" transforms the images "to a view of the reference frame" which is understood as warping), wherein inter-frame motion estimation is performed to compute a motion field between the reference image and the at least one other face image ([0034] and Fig. 1, optical flow fields are calculated between the reference frame and the other frames which are understood as motion fields), and the at least one other face image is warped into a coordinate space of the reference image using the computed motion field ([0034] and Fig. 1, the motion is calculated for registration. [0041] the "registration" transforms the images "to a view of the reference frame" which is understood as warping into a coordinate space of the reference image), combining the reference image and the warped at least one other face image so as to generate the reconstructed face image ([0035] and Fig. 1 and Fig. 2, the reference image and the registered images, i.e. the warped at least one other face image, are input into a neural network and a denoised image is output. Inputting the two images together into the neural network and receiving a single image as an output is understood as combining the images to generated the reconstructed image); Xie is combinable with Li in view of Shi because it is from the same field of endeavor of improving the resolution of images by denoising (Xie, [0002]). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine motion field and warping of Xie with the invention of Li in view of Shi. The motivation for doing so would have been "By using a method of multi-frame fusion, time-domain information of a video sequence may be fully used, and the problem of lacking time-domain information may be solved, which helps to obtain a better denoised image quality" (Xie, [0021]). Therefore, it would have been obvious to combine Xie with Li in view of Shi to obtain the invention as specified in claim 1. Regarding claim 2, Li in view of Shi in further view of Xie discloses the subject matter of claim 1. Li does not disclose expressly that the one face image is extracted from a series of frames based on face feature point information. Shi discloses: wherein the acquiring of the training data comprises extracting the plurality of face images from the series of frames ([0058] at least two images containing a face are extracted from a video which is a plurality of face images), based on face feature point tracking information ([0063] facial key points are identified in the image frames) between successive frames of the series of frames (the above calculation of facial feature points is performed on the [0061] sequence of frames containing the face which is understood as successive frames). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the face image selection of Shi with the invention of Li. The motivation for doing so would have been to "obtain the complete face sequence corresponding to the face to be identified" (Shi, [0061]). Therefore, it would have been obvious to combine Shi with Li to obtain the invention as specified in claim 2. Regarding claim 3, Li in view of Shi in further view of Xie discloses the subject matter of claim 1. Li further discloses: wherein the generating of the reconstructed face image comprises executing a multi- frame face resolution enhancer of the generator (pg. 472 col. 1 last para. through pg. 472 col. 2 para. 1 and Fig. 4a, portions of the Attribute Transformation Network may be understood as a multi-frame face resolution enhancer) so as to generate an intermediate-reconstructed face image (pg. 472 col. 1 para. 1 and Fig. 4a, an intermediate high resolution face image is generated which is understood as the reconstructed face. It is generated from the low resolution image which may be understood as at least one face image). PNG media_image11.png 128 388 media_image11.png Greyscale PNG media_image12.png 86 380 media_image12.png Greyscale PNG media_image13.png 168 724 media_image13.png Greyscale Li does not disclose expressly to generate an intermediate-reconstructed face image from the plurality of face images. Shi discloses: to generate an intermediate-reconstructed face image from the plurality of face images ([0064] the reconstructed image is generated from a model which may be understood as a face resolution enhancer. The model receives as input a facial feature point heat map. [0063] the facial feature point heat map is a probability distribution graph. As this is generated after the input step of the process and before the reconstruction step and as a graph is an image this is understood as an intermediate image and is generated from a sequence of images, see [0061]). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the generation of the intermediate image from the plurality of images of Shi with the invention of Li. The motivation for doing so would have been that "It is understandable that the face contained in the video image may be one face or multiple faces. Therefore, it is necessary to track the image information of the face to be identified in the target image frame and obtain the complete face sequence corresponding to the face to be identified" (Shi, [0061]). In other words, because there may be more than one face present, it is necessary to generate the intermediate image from a tracked sequence of the target face to avoid identifying plural faces as the target face. Therefore, it would have been obvious to combine Shi with Li to obtain the invention as specified in claim 3. Regarding claim 4, Li in view of Shi in further view of Xie discloses the subject matter of claim 3. Li further discloses: wherein the generating of the reconstructed face image comprises: executing a face landmark estimator of the generator (pg. 474 col. 1 para. 2 and Fig. 5 and Fig. 7, the Boundary Extraction Unit is understood as a landmark estimator) PNG media_image14.png 120 380 media_image14.png Greyscale PNG media_image15.png 292 768 media_image15.png Greyscale PNG media_image16.png 214 362 media_image16.png Greyscale so as to estimate multiple face landmarks on the basis of the intermediate-reconstructed face image (pg. 474 col. 1 para. 2, the Boundary Extraction Unit estimates facial boundaries which under the broadest reasonable interpretation may be understood as estimates of multiple face landmarks); PNG media_image17.png 120 380 media_image17.png Greyscale and executing a face upsampler of the generator so as to upsample the intermediate-reconstructed face image (pg. 474 col. 2 para. 2 and Fig. 8, the Feature Fusion Unit may be understood as a face upsampler because it upsamples the facial boundary heatmaps which are extracted from the intermediate image) by using the multiple face landmarks (pg. 474 col. 2 para. 2 and Fig. 8, the facial boundary heatmaps are upsampled which is understood as upsampling by using the multiple landmarks). PNG media_image18.png 172 384 media_image18.png Greyscale PNG media_image19.png 206 362 media_image19.png Greyscale Regarding claim 5, Li in view of Shi in further view of Xie discloses the subject matter of claim 4. Li further discloses: wherein: the generating of the reconstructed face image further comprises generating an intermediate image (pg. 472 col. 1 last para. through pg. 472 col. 2 para. 1 and Fig. 4a, an intermediate high resolution face image is generated), PNG media_image11.png 128 388 media_image11.png Greyscale PNG media_image12.png 86 380 media_image12.png Greyscale PNG media_image13.png 168 724 media_image13.png Greyscale which is the intermediate-reconstructed face image having enhanced resolution (pg. 472 col. 1 last para. through pg. 472 col. 2 para. 1 and Fig. 4a, the intermediate image is mapped to the same item as the intermediate-reconstructed face image and has an enhanced resolution as shown by upsampling the low resolution image to the same size as the target image), by using an intermediate image generator comprising multiple residual blocks (pg. 472 col. 1 last para. through pg. 472 col. 2 para. 1 and Fig. 4a, portions of the Attribute Transformation Network may be understood as an intermediate image generator and comprises multiple residual blocks); wherein the estimating comprises estimating the multiple face landmarks (pg. 474 col. 1 para. 2, the Boundary Extraction Unit estimates facial boundaries which under the broadest reasonable interpretation may be understood as estimates of multiple face landmarks) PNG media_image17.png 120 380 media_image17.png Greyscale on the basis of the intermediate image (Fig. 5, the Boundary Extraction Unit receives as input the intermediate image); PNG media_image20.png 288 770 media_image20.png Greyscale and wherein the upsampling comprises upsampling the intermediate image (pg. 474 col. 2 para. 2 and Fig. 8, the Feature Fusion Unit may be understood as a face upsampler because it upsamples the facial boundary heatmaps which are extracted from the intermediate image) by using the estimated multiple face landmarks (pg. 474 col. 2 para. 2 and Fig. 8, the facial boundary heatmaps are upsampled which is understood as upsampling by using the multiple landmarks). PNG media_image18.png 172 384 media_image18.png Greyscale PNG media_image19.png 206 362 media_image19.png Greyscale Regarding claim 6, Li in view of Shi in further view of Xie discloses the subject matter of claim 1. Li discloses: wherein the training of the video identity clarification model (pg. 475 col. 2 para. 6, Heatmap loss is considered and compares the boundary features of the output image and the ground truth image showing that this is used in training the model) further comprises extracting, by executing a face feature extractor of the video identity clarification model (pg. 474 col. 1 para. 2 and Fig. 5 and Fig. 7, the Boundary Extraction Unit is understood as a face feature extractor), PNG media_image14.png 120 380 media_image14.png Greyscale PNG media_image15.png 292 768 media_image15.png Greyscale PNG media_image16.png 214 362 media_image16.png Greyscale a feature map of the reconstructed face image (pg. 475 col. 2 para. 3, the output of the SE-Net, including the Boundary Extraction Unit, is a facial boundary heatmap which is understood as the feature map of the reconstructed face image) PNG media_image21.png 90 376 media_image21.png Greyscale and a feature map of the ground truth face image (pg. 477 col. 1 para. 2, the boundary map, i.e. face features, of the ground truth image are determined). PNG media_image22.png 212 382 media_image22.png Greyscale Regarding claim 7, Li in view of Shi in further view of Xie discloses the subject matter of claim 1. Li further discloses: wherein the training of the video identity clarification model further comprises: calculating a training objective function (training loss function) (pg. 473 col. 2 para. 3, a total training loss function is determined); PNG media_image23.png 126 382 media_image23.png Greyscale and alternately training the generator and the discriminator (pg. 473 col. 2 para. 3, the total loss considers individually the reconstruction loss and the adversarial loss and then combines them which is understood as alternatively training the generator and the discriminator) so as to minimize a function value of the training objective function (it is commonly understood in the art to minimize the value of a loss function when training. For example, in training the adversarial loss, Li expressly states in pg. 473 col. 1 para. 5 that the function is minimized). Regarding claim 8, Li in view of Shi in further view of Xie discloses the subject matter of claim 7. Li further discloses: wherein the training objective function comprises: a first objective function comprising a GAN loss function for the generator (pg. 473 col. 1 para. 5, the reconstruction loss is on the generator); PNG media_image24.png 126 386 media_image24.png Greyscale and a second objective function based on a GAN loss function for the discriminator (pg. 473 col. 1 para. 6, the adversarial loss considers the function of the discriminator). PNG media_image25.png 316 382 media_image25.png Greyscale Regarding claim 9, Li in view of Shi in further view of Xie discloses the subject matter of claim 8. Li further discloses: wherein the first objective function comprises a pixel reconstruction accuracy function between the reconstructed face image and the ground truth face image (pg. 473 col. 1 para. 5, the reconstruction loss is pixel wise and compares the generated image to the ground truth image), PNG media_image24.png 126 386 media_image24.png Greyscale an estimation accuracy function of face landmarks estimated during the generating of the reconstructed face image (pg. 473 col. 2 para. 2, the attribute loss considers the accuracy of attributes. Attributes may be understood as facial landmarks), PNG media_image26.png 172 384 media_image26.png Greyscale and a face feature similarity function between the reconstructed face image and the ground truth face image (pg. 475 col. 2 last para., the heatmap loss is considered to compare face features between the generated face image and the ground truth face image). PNG media_image10.png 154 380 media_image10.png Greyscale Regarding claim 12, claim 12 recites a system with elements corresponding to the steps recited in claim 1. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 1. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 1, apply to this claim. Finally, discloses: Li discloses: a memory configured to store a video identity clarification model comprising a generator and a discriminator (pg. 476 col. 2 para. 4, the workstation includes a memory which is understood to store the programing and model in Li) and a processor (pg. 476 col. 2 para. 4, the method is performed on a GPU which is a processor) Regarding claim 13, claim 13 recites a system with elements corresponding to the steps recited in claim 2. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 2. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 2, apply to this claim. Regarding claim 14, claim 14 recites a system with elements corresponding to the steps recited in claim 3. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 3. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 3, apply to this claim. Regarding claim 15, claim 15 recites a system with elements corresponding to the steps recited in claim 4. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 4. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 4, apply to this claim. Regarding claim 16, claim 16 recites a system with elements corresponding to the steps recited in claim 5. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 5. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 5, apply to this claim. Regarding claim 17, claim 12 recites a system with elements corresponding to the steps recited in claim 6. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 6. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie, presented in rejection of claim 6, apply to this claim. Regarding claim 18, Li in view of Shi in further view of Xie discloses the subject matter of claim 12. Li further discloses: wherein: the processor is configured, in order to perform the executing of the training, to calculate a training objective function (pg. 473 col. 2 para. 3, a total training loss function is determined), and alternately train the generator and the discriminator (pg. 473 col. 2 para. 3, the total loss considers individually the reconstruction loss and the adversarial loss and then combines them which is understood as alternatively training the generator and the discriminator) PNG media_image23.png 126 382 media_image23.png Greyscale so as to minimize a function value of the training objective function (it is commonly understood in the art to minimize the value of a loss function when training. For example, in training the adversarial loss, Li expressly states in pg. 473 col. 1 para. 5 that the function is minimized); the training objective function comprises a first objective function comprising a GAN loss function for the generator (pg. 473 col. 1 para. 5, the reconstruction loss is on the generator) PNG media_image24.png 126 386 media_image24.png Greyscale and a second objective function based on a GAN loss function for the discriminator (pg. 473 col. 1 para. 6, the adversarial loss considers the function of the discriminator); PNG media_image25.png 316 382 media_image25.png Greyscale and the first objective function comprises a pixel reconstruction accuracy function between the reconstructed face image and the ground truth face image (pg. 473 col. 1 para. 5, the reconstruction loss is pixel wise and compares the generated image to the ground truth image), PNG media_image24.png 126 386 media_image24.png Greyscale an estimation accuracy function of face landmarks estimated during the generating of the reconstructed face image (pg. 473 col. 2 para. 2, the attribute loss considers the accuracy of attributes. Attributes may be understood as facial landmarks), PNG media_image26.png 172 384 media_image26.png Greyscale and a face feature similarity function between the reconstructed face image and the ground truth face image (pg. 475 col. 2 last para., the heatmap loss is considered to compare face features between the generated face image and the ground truth face image). PNG media_image10.png 154 380 media_image10.png Greyscale Claims 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. ("Learning Face Image Super-Resolution Through Facial Semantic Attribute Transformation and Self-Attentive Structure Enhancement" the full reference is contained on the PTO-892 included in this action; hereafter, Li) in view of Shi et al. (CN 111488779 A; hereafter, Shi) in further view of Xie et al. (US 20210327031 A1; hereafter, Xie) and of Prince et al. (US 20220058438 A1; hereafter, Prince). Regarding claim 10, Li in view of Shi in further view of Xie discloses the subject matter of claim 1. Li in view of Shi in further view of Xie does not disclose expressly a second training of fine-tuning the model based on second training data. Prince discloses: executing second training of fine-tuning the video identity clarification model ([0053] the EDSR model is pre-trained and fine-tuned, i.e. second training. The EDSR [0044] is a deep residual network for image super resolution. When considered in combination with Li, it is understood as an identity clarification model), based on second training data comprising at least one face image of a search target (Claim 10, the data that a network is pre-trained on and fine-tuned with are different data, i.e. second training data. [0053] the image data includes an aliased low resolution image which is the target low resolution image with aliasing added. When considered in combination with Li, it is understood that the process represented here with an aliased low resolution image may be performed with a down sampled face image, Li pg. 476 col. 2 last para. through pg. 477 col. 1 para. 1, i.e. a face image of a search target. The reason for this is that the aliased low resolution image performs the same function as the face image that is downsampled from full resolution of Li, pg. 476 col. 2 last para. through pg. 477 col. 1 para. 1, because both are an edited original or target image which are edited in order to train a network to reconstruct the original or target image) and a reference face image for the at least one face image of the search target (Claim 10, the data that a network is pre-trained on and fine-tuned with are different data. [0053] the image data includes a low resolution image without aliasing which is understood as the reference image). Prince is combinable with Li in view of Shi in further view of Xie because it is solving the same problem of processing images to improve resolution (Prince, [0002]). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the second training of Prince with the invention of Li in view of Shi in further view of Xie. The motivation for doing so would have been “fine-tuning a pre-trained model is accurate and fast “ (Prince, [0053]). Therefore, it would have been obvious to combine Prince with Li in view of Shi in further view of Xie to obtain the invention as specified in claim 10. Regarding claim 11, Li in view of Shi in further view of Xie and Prince discloses the subject matter of claim 10. Li further discloses: wherein the executing of the second training comprises executing the generating and the discriminating of the reconstructed face image (it is commonly understood in the art that a model is trained by operating the model and then adjusting factors within the model according to some loss function. Therefore, references which describe the operating of a model are understood to include the operation during training of a model. pg. 472 col. 2 last para. through pg. 472 col. 1 para. 1 and Fig. 3, a "hallucinated" face is generated and discriminated which is understood as a reconstructed face image. Performing a second training is understood as repeating the training process which the system may perform), Li in view of Shi in further view of Xie does not disclose a second training data. Prince discloses: training based on the second training data (Claim 10, the data that a network is pre-trained on and fine-tuned with are different data, therefore, the second training is performed based on second training data). Regarding claim 19, claim 19 recites a system with elements corresponding to the steps recited in claim 10. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 10. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie and Prince, presented in rejection of claim 10, apply to this claim. Regarding claim 20, claim 20 recites a system with elements corresponding to the steps recited in claim 11. Therefore, the recited elements of this claim are mapped to the proposed combination in the same manner as the corresponding steps in its corresponding method claim, claim 11. Additionally, the rationale and motivation to combine Li in view of Shi in further view of Xie and Prince, presented in rejection of claim 11, apply to this claim. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cao et al. (“Guided Cascaded Super-Resolution Network for Face Image”, full reference on PTO-892) discloses generating a super resolution image of a face by performing warping between two image frame, inputting the warped images into a machine learning model, and outputting a reconstructed image with improved resolution. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA B CROCKETT whose telephone number is (571)270-7989. The examiner can normally be reached Monday-Thursday 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, John M Villecco can be reached at (571) 272-7319. 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. /JOSHUA B. CROCKETT/Examiner, Art Unit 2661 /JOHN VILLECCO/Supervisory Patent Examiner, Art Unit 2661
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Prosecution Timeline

Show 1 earlier event
Aug 21, 2025
Non-Final Rejection mailed — §103
Nov 18, 2025
Response Filed
Jan 13, 2026
Final Rejection mailed — §103
Apr 07, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action
May 01, 2026
Non-Final Rejection mailed — §103
Jul 30, 2026
Response Filed
Oct 15, 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

5-6
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+20.2%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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