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 .
Response to Amendment
The amendment filed on 3/13/26 has been entered and made of record. Claims 1, 4, 6 and 11 are amended. Claims 5, 10 and 15 are cancelled. Claims 16-18 are new. Claims 1-4, 6-9, 11-14 and 16-18 are pending.
Response to Arguments
Applicant’s arguments with respect to claims 1, 6 and 11 have been fully considered but they are moot because the arguments do not apply to the references being used in the current rejection.
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 of this title, 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, 6, 11 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (Digital Face Makeup by Exam, 2009 IEEE Conference on Computer Vision and Pattern Recognition Date of Conference: 20-25 June 2009) in view of Mossoba et al. (US 2021/0224709 A1) and Chang et al. (US 2020/0168071 A1).
As to Claim 1, Guo teaches An image processing method, comprising:
obtaining a user image comprising a second target face image (Guo, Fig 1(a)); and performing a makeup transfer function on the reference makeup image and the user image to obtain a target markup image, wherein the target makeup image is an image that is obtained by transferring a makeup in the first target face image in the reference makeup image to the second target face image in the user image (Guo discloses “More precisely, we first decompose the two images into three layers: face structure layer, skin detail layer, and color layer. Thereafter, we transfer information from each layer of one image to corresponding layer of the other image” in Abstract, see also Fig 1(c).)
Guo is silent on barcode (i.e. QR code). The combination of Mossoba further teaches following limitations:
recognizing a target image displayed on a display screen with an image recognition function to extract a reference makeup image or scanning a target QR code to receive the reference makeup image, wherein the reference makeup image comprises a first target face image (Guo discloses “This paper introduces an approach of creating face makeup upon a face image with another image as the style example” in Abstract; “foundation effect, eye shadow, and lip highlight…” in Fig 1; “First, we decompose the subject and example images into three layers separately: face structure layer, skin detail layer, and color layer. Ideally, the face structure layer contains only the structure of every face component, such as the eyes, nose, mouth, etc.” at p. 73-74. Here, the three layers extracted from the image can be interpreted as image recognition function. Mossoba further discloses “As further shown in FIG. 1F, and by reference number 160, the crowdsource platform may perform facial recognition on the user image data to identify an identity of the user… Additionally, or alternatively, the crowdsource platform… may obtain an image that identifies the user (e.g., a scan of the user's driver's license, a barcode, and/or the like), and/or the like” in [0034]. Here, it is obvious that a barcode may include QR code.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Guo with the teaching of Mossoba so as to obtain the image data by scanning a barcode (i.e. QR code etc.).
Guo and Mossoba are silent on detecting facial features are blocked. The combination of Chang further teaches following limitations:
wherein performing the makeup transfer function on the reference makeup image and the user image to obtain the target makeup image comprises: detecting target facial features selected from at least one of eyebrow features, eye features, nose features, cheek features, or mouth features of both the first target face image in the reference makeup image and the second target face image in the user image; determining whether the target facial features detected in the reference makeup image are blocked; determining whether the corresponding target facial features detected in the user image are blocked; and in response to determining that the target facial features of the first target face image and the second target face image are not blocked, obtaining and displaying the target makeup image based on the reference makeup image and the user image (Guo discloses “First, we decompose the subject and example images into three layers separately: face structure layer, skin detail layer, and color layer. Ideally, the face structure layer contains only the structure of every face component, such as the eyes, nose, mouth, etc. The skin detail layer contains the skin texture, including flaws, moles, as well as any wrinkles. The color layer represents color alone. After the three layers are decomposed, face makeup by example can be considered as transferring the skin detail layer and color layer from the makeup example to the subject image while preserving the face structure layer of the subject image” at p. 73-74. Guo is silent on the detection of occlusion part of the face in the image. Chang further discloses “In detail, the detecting step sll0 includes a facial detecting step s111, an image extracting step s112 and an occluded determining step s113. In the facial detecting step s111, an image is captured by an image capturing device 410 (shown in FIG. 6), wherein a facial portion image is obtained from the image according to a facial detection. In the image extracting step s112, a mouth portion is extracted from the facial portion image according to an image extraction so as to obtain a mouth portion image 310 (shown in FIG. 5). In the occluded determining step s113, the mouth portion image 310 is entered into an occluding convolutional neural network so as to produce a determining result, wherein the determining result is an occluding state or a normal state.” in [0015].)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Guo and Mossoba with the teaching of Chang so that a portion of facial features (i.e. mouth, nose etc.) can be extracted from the facial portion image and determine whether the portion of facial features are occluded (Chang, Abstract).
Claim 6 recites similar limitations as claim 1 but in an electronic device form. Therefore, the same rationale used for claim 1 is applied.
Claim 11 recites similar limitations as claim 1 but in a computer readable storage medium form. Therefore, the same rationale used for claim 1 is applied.
As to Claim 16, Guo in view of Mossoba and Chang teaches The image processing method according to claim 1, performing the makeup transfer function on the reference makeup image and the user image to obtain the target makeup image further comprises:
in response to determining that the target facial features in at least one of the first target face image or the second target face image are blocked, outputting prompt information to prompt reselection of the at least one of the first target face image or the second target face image having blocked target facial features (Chang discloses “In the warning step s120, a warning is provided according to the determining result. When the determining result is the normal state, the detecting step sll0 is performed so as to monitor a state of a patient, continuously. When the determining result is the occluding state, the warning is provided so as to notify a protector to treatment, expeditiously” in [0015]. Here, a warning step provides the user any information related to the result of the occlusion determination.)
Claim 17 is rejected based upon similar rationale as Claim 16.
Claim 18 is rejected based upon similar rationale as Claim 16.
Claims 2, 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Mossoba, Chang and Lin (CN 109933260 A).
As to Claim 2, Guo in view of Mossoba and Chang teaches The image processing method according to claim 1, wherein the image processing method further comprises: receiving a first input by a user to a first control, wherein the first control is displayed in a hover box that displayed on any interface of the display screen or on an application interface of a target application; and in response to the first input, enabling the image recognition function to use an image displayed on the display screen as the target image for recognition (Guo discloses “First, we decompose the subject and example images into three layers separately: face structure layer, skin detail layer, and color layer. Ideally, the face structure layer contains only the structure of every face component, such as the eyes, nose, mouth, etc.” at p. 73-74. Guo is silent on a hover box. Lin further discloses “Optionally, the screen recognition result may be displayed in a designated area of the display screen in the form of a card, a floating window, etc. For example, the designated area may be the lower area of the display screen. Schematically, as shown in FIG. 4, when a click operation on the confirmation screen recognition control 41 is received, the terminal displays a screen recognition result card 42 , which includes the screen recognition result” in [0060-0061]; “In the embodiments of the present application, when the received touch operation signal meets the trigger condition of the screen recognition function and at the same time meets the trigger conditions of other functions, the screen recognition control is displayed to confirm, and when the trigger signal for the confirmation screen recognition control is received, the corresponding screen recognition result is displayed” in [0062].)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Guo, Mossoba and Chang with the teaching of Lin so as to reduce the probability of false triggering of the screen recognition function and avoid the influence of the directly displayed screen recognition result on the execution of other functions (Lin, [0062]).
Claim 7 is rejected based upon similar rationale as Claim 2.
Claim 12 is rejected based upon similar rationale as Claim 2.
Claims 3, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Mossoba, Chang and Du (US 2017/0180362 B2).
As to Claim 3, Guo in view of Mossoba and Chang teaches The image processing method according to claim 1, wherein recognizing the target image comprises:
in a process of recognizing the target image, determining an image that satisfies a preset condition as the reference makeup image, wherein the preset condition comprises: the image includes a face image; and a resolution of the image is greater than or equal to a preset resolution (Guo discloses “First, we decompose the subject and example images into three layers separately: face structure layer, skin detail layer, and color layer. Ideally, the face structure layer contains only the structure of every face component, such as the eyes, nose, mouth, etc.” at p. 73-74. Guo is silent on image resolution threshold. Du further discloses detecting human face in the image at step S302 and determining whether a resolution of the face image meet a preset threshold at step S304 in Fig 3A.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Guo, Mossoba and Chang with the teaching of Du so as to detect human face of the user in the image and compare the resolution of face image with a resolution threshold to obtain an image with good resolution for next processing (Du, [0048-0052]).
Claim 8 is rejected based upon similar rationale as Claim 3.
Claim 13 is rejected based upon similar rationale as Claim 3.
Claims 4, 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Mossoba, Chang and Liu et al. (CN 108257084A).
As to Claim 4, Guo in view of Mossoba and Chang teaches The image processing method according to claim 1. The combination of Liu further teaches wherein obtaining the user image comprises: after obtaining the reference makeup image, displaying a makeup transfer interface; receiving a second input from the user to a second control displayed on the makeup transfer interface; and in response to the second input, obtaining the user image from an album application, or obtaining the user image photographed by using a camera application (Liu discloses “The present invention belongs to the technical field of face image processing, and in particular relates to a lightweight automatic face makeup method based on a mobile terminal” in [0002]; “At the same time, this module provides an interface for controlling the intensity of makeup. Users can get different degrees of makeup by selecting different parameters” in [0193]; “The general steps are as follows: first, prompt the user to open the camera to take a face image or import a face image from the album; then, locate the face image and detect feature points to obtain face feature points…” in [0082]; “The specific implementation method of this step is: the user has two modes of inputting source images on the mobile terminal: one is to open the mobile terminal camera to take a photo and capture a source image containing a face; the other is to import the image through the album” in [0099].)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Guo, Mossoba and Chang with the teaching of Liu so as to provide an graphic user interface for user to select or upload image for further processing.
Claim 9 is rejected based upon similar rationale as Claim 4.
Claim 14 is rejected based upon similar rationale as Claim 4.
Conclusion
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 extension fee 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 date of this final action.
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/Weiming He/
Primary Examiner, Art Unit 2611
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