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 Amendments/Remarks filed April 22nd, 2026 have been entered and made of record. Claims 1-2, 6-7 and 11-12 have been amended. Claims 1-15 remain pending and rejected in the application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The prior art of Ko has been incorporated into the rejection of the independent claims and therefore teaches the newly amended claim language (see claim 1 below).
In regards to any additional arguments regarding the dependent claims 2-5, 7-10 and 12-15 for the virtue of their dependency are moot because the independent claims are not allowable.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fuss et al. (Pub. No.: US 2017/0249767 A1), hereinafter Fuss, in view of Ko et al. (Pub. No.: US 2020/0065613 A1), hereinafter Ko, and further in view of Heo et al. (Pub. No.: US 2018/0247440 A1), hereinafter Heo.
Regarding claim 1, Fuss discloses an image display method (Paragraph 16 teaches that FIG. 3 is a flow diagram of an embodiment of an algorithmic method for generating the digital image collage), comprising:
displaying a first collage comprising a plurality of single images (Paragraph 31 teaches that as best as seen in FIG. 2, shows an exemplary screen shot of a user interface 200 provided by an embodiment of collage module 116. In operation, collage module 116 generates a digital image collage 201 (FIGS. 5-10) including a collage template 202 including a plurality of digital images 210 as a result of instructions received through user interface 200. Additionally, Paragraph 32 teaches that as best shown with particular reference to FIGS. 3 and 4, the algorithmic method further comprises the step of receiving a first user input command on a first selected digital image 210a that is selected from catalog segment 206 at block 14). However, Fuss fails to disclose generating a first image that is associated with a first single image among the plurality of singled images, wherein the first image is hidden and not displayed with the first collage.
Ko discloses generating a first image that is associated with a first single image among the plurality of singled images, wherein the first image is hidden and not displayed with the first collage. (Paragraph 37 teaches that the disclosed subject matter relates to particular techniques to generate suggestions to share a group of images, e.g., as image compositions such as image albums, video, collage, etc. The suggestions are based on instantiating a process on a computer to determine the group of images matching one or more clusters determined from prior groups of images that were shared. The one or more clusters determined by the process on the computer, being based on prior groups of images that were shared, have a thematic relationship between individual images that are in a group in the cluster. Additionally, FIG. 6 and paragraph 102 teach that FIG. 6 is a diagrammatic illustration of an example of user interface 600 to provide suggestion for an image composition, according to some implementations. User interface 600 includes thumbnails (602, 604, 606, 608, 610). For example, images 602-610 may be thumbnails corresponding to a plurality of images that are identified for a composition. While FIG. 6 shows five images 602-610, in various implementations, any number of images may be included in user interface 600. For example, if the plurality of images includes a large number of images (e.g., 50 images), a subset of the plurality of images may be included in user interface 600. In some implementations, e.g., implementations that do not include an image preview, images 602-610 may not be included in user interface 600. In some implementations, information about the images, e.g., timestamp, location, labels, etc. may be displayed in addition to or alternative to thumbnails 602-610.).
Since Fuss teaches a method for creating collages by selecting single images and then displaying those single images together in a collage and Ko teaches a method for creating clusters of images (collages) that share a thematic relationship (associated) with one another based on a prior shared (selected) image(s) and has the capabilities of only displaying a subset of the total images, while keeping an image hidden or alternatively only displaying information related to an image that is related to the other images that are being presented but kept hidden from view, it would have been obvious to a person having ordinary skill in the art to combine the features together so that any initial first image that is selected for making a collage, could then be used as a suggestion to create multiple different collages of similar related images, without using the original selected image within the collage. Additionally, Ko teaches that any of the selected images used in the cluster (collage) could either be kept hidden and not displayed entirely or be displayed alternatively in another way without displaying the actual image.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fuss to incorporate the teachings of Ko, so that the combined features together would provide a user with image suggestions related to a first selected image for creating collages consisting of images with a thematic relationship to one another, which would provide the user with a faster way of creating a collage of similar images.
Additionally, Fuss in view of Ko disclose after the first image is generated, receiving a first input to the first single image, wherein the first input triggers display of the first image (Paragraph 72 of Ko teaches that while the foregoing description refers to an image composition based on the plurality of images, in some implementations, one or more additional images associated with the user may be identified after the image composition is generated. ... For example, the additional image may be ... added to an image collage. In some implementations the additional images may be added automatically. In some implementations the additional images may be added after user input is received indicating to add the additional images to the image composition. Additionally, paragraph 32 of Fuss teaches that as best shown with particular reference to FIGS. 3 and 4, the algorithmic method further comprises the step of receiving a first user input command on a first selected digital image 210a that is selected from catalog segment 206 at block 14.);
and displaying the first image associated with in response to the first input (Paragraph 31 of Fuss teaches that a plurality of digital images 210, either in thumbnail or full format, are displayed in catalog segment 206 and Paragraph 32 of Fuss teaches that in response to the first user input command, collage module 116 automatically generates a first aperture 212 within layout 204 to establish a first arrangement 213 at block 16). However, Fuss in view of Ko fail to disclose wherein the first image is a second collage or a second single image among the plurality of single images, and a content of the first image is different from a content of the first single image.
Heo discloses wherein the first image is a second collage or a second single image among the plurality of single images, and a content of the first image is different from a content of the first single image (Paragraph 217 of Heo teaches that referring to FIG. 5, the controller 180 can obtain an input for selecting the add menu 442 and display a screen for selecting at least one image to be included in collage wallpaper. For example, the controller 180 generates a collage wallpaper in which at least one of the selected images is included and can display a first collage wallpaper 571, a second collage wallpaper 572, a third collage wallpaper 573, and a fourth collage wallpaper 574 corresponding to generated collage wallpapers on the main area 430.
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Additionally, Paragraph 246 of Heo teaches that referring to FIG. 15, the terminal 100 can display a plurality of collage wallpapers including a first collage wallpaper 1571, a second collage wallpaper 1572, a third collage wallpaper 1573, and a fourth collage wallpaper 1574 included in a collage wallpaper set on the display unit 151. ... For example, the controller 180 can obtain an input for selecting a fourth collage wallpaper 1574 from among a plurality of the displayed collage wallpapers 1571-1574. The controller 180 can display the selected fourth collage wallpaper 1574 on the main area 430. The selected fourth collage wallpaper 1574 can include a first area 1581 on which one color is displayed and second area to fifth area 1582-1585 on which a plurality of images are displayed, respectively. In this case, the number of areas may vary according to the number of images included in a collage wallpaper).
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Since Fuss in view of Ko teach a method for creating collages based on a selected image from the user and suggested images related to the selected image and then displaying the related images together in a collage and Heo teaches a method for creating and displaying multiple different types of collages made of different images for the user based off of the selected single image(s), that can then be generated and cycled through and displayed in multiple different layouts, it would have been obvious to a person having ordinary skill in the art to combine the features together so that any collage of similar related images that would be suggested to the user, could then also be used to create multiple different styles of collages. Additionally, Heo teaches that just a single image can be displayed and used for a second type of collage or that an image from the different collages can be selected and then each collage can be set up in a different way, so that the collages can each display different content of images, in completely different ways.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fuss in view of Ko to incorporate the teachings of Heo, so that the combined features together would provide a user a with more options to select from for potential collage layouts and make it faster/easier for them to view and select a particular collage consisting of similar images.
Regarding claim 2, Fuss in view of Ko and Heo disclose everything claimed as applied above (see claim 1), in addition, Fuss in view of Ko and Heo disclose wherein generating the first image that is associated with the first single image among the plurality of single images further comprises:
receiving a second input to the first single image (Paragraph 33 of Fuss teaches that as seen in FIGS. 3 and 5, the algorithmic method implemented by collage module 116 further comprises the step of receiving a second user input command on a second selected digital image 210b at block 18);
displaying N images in response to the second input (Paragraph 36 of Fuss teaches that after each digital image is populated in layout 204, an indicator 220 may be provided for each of the selected digital images displayed in catalog segment 206. As shown in FIG. 5, for example, indicator 220 may be in the form of a shaded layer including a check box graphic placed in association with each selected digital image);
receiving a third input by a user (Paragraph 37 of Fuss teaches that in a further aspect, as best seen in FIGS. 3 and 6, collage module 116 may further include executable instructions that allow for receiving a third user input command on a third selected digital image 210c);
and selecting M images in the N images and establishing an association relationship between the M images and the first single image in response to the third input (Paragraph 38 of Fuss teaches that as best seen in FIG. 7, collage module 116 includes executable instructions that provide the receipt of additional user input commands that allow for additional digital images from catalog segment 206 to be selected and populated into layout 204, which results in a new arrangement to be generated including additional apertures according to the same methodology described above. For example, digital image 210d may be selected from catalog segment 206, and third aperture 216 may be randomly split into sixth aperture 230 and seventh aperture 232, and all of the digital images 210a-210d may be populated into the resulting apertures 224, 226, 230, 232),
wherein the M images comprises the first image (Paragraph 37 of Fuss teaches that the collage module 116 may then randomly select which of the selected digital images 210a, 210b, 201c will be populated into the resulting generated apertures. Further, first selected digital image 210a was populated into fourth aperture 224, second selected digital image 210b was populated into fifth aperture 226, and third selected digital image 210c was populated into third aperture 216).
Regarding claim 3, Fuss in view of Ko and Heo discloses everything claimed as applied above (see claim 2), in addition, Fuss in view of Ko and Heo disclose wherein a value of M is greater than or equal to two, and selecting the M images in the N images and establishing the association relationship between the M images and the first single image in response to the third input comprises:
selecting the M images in the N images, combining the M images into the second collage, and establishing an association relationship between the second collage and the first single image in response to the third input (Paragraph 38 of Fuss teaches that as best seen in FIG. 7, collage module 116 includes executable instructions that provide the receipt of additional user input commands that allow for additional digital images from catalog segment 206 to be selected and populated into layout 204, which results in a new arrangement to be generated including additional apertures according to the same methodology described above).
Regarding claim 4, Fuss in view of Ko and Heo discloses everything claimed as applied above (see claim 3), in addition, Fuss in view of Ko and Heo disclose wherein selecting the M images in the N images, combining the M images into the collage, and establishing the association relationship between the second collage and the first single image in response to the third input comprises:
selecting the M images in the N images and displaying K collage templates in response to the third input (Paragraph 31 of Fuss teaches that it should be understood that digital images 210 may either be selected by the user for population into collage template 202, automatically selected by collage module 116 for population into collage template 202, or some combination thereof);
receiving a fourth input to a target collage template, and combining the M images based on the target collage template to obtain the second collage in response to the fourth input (Paragraph 6 of Fuss teaches that the method may further include the steps of: receiving a fourth user input command identifying one of the first selected digital image, the second selected digital image, and the third selected digital image as a target digital image and paragraph 40 teaches that the aperture with the next greatest weight would be provided to conform to an aspect ratio which is smaller in size compared to that of the maximum aspect ratio. Moreover, in further response to the fourth user input, collage module 116 in turn populates each aperture with the corresponding digital images);
and establishing the association relationship between the second collage and the first single image (Paragraph 35 of Fuss teaches that it should also be understood that each generated aperture is automatically associated with all of the data related to the digital image (including the image data that was deleted due to cropping) to allow for the modification of digital image constraints after being populated in the aperture, in order to optimize placement of the digital images within the aperture).
Regarding claim 5, Fuss in view of Ko and Heo disclose everything claimed as applied above (see claim 1), in addition, Fuss in view of Ko and Heo disclose wherein after displaying the first image associated with the first single image, the method comprises: displaying the first collage and the first image in a split screen (See FIG. 15 of Heo above, for it teaches a display showing multiple collages of selected images and one of the collages is made up of a single first image. Therefore, the first single image is displayed within a split screen with the other collages, including a first collage).
Regarding claim 6, the electronic device steps correspond to and are rejected similarly to the method steps of claim 1 (see claim 1 above), in addition Fuss discloses a memory storing a computer program (Paragraph 27 teaches that one or more of server 104, photo kiosk 106, desktop computing device 108, and mobile computing device 110 may include a memory 114, which may have a collage module 116 stored therein);
and a processor coupled to the memory and configured to execute the computer program to perform operations (Paragraph 29 teaches that the mobile computing device 110 may be any type of smartphone, tablet, or other mobile device including a processor capable of displaying digital images, generating the digital image collage using collage module 116, and communicating with any one of photofinishing devices 102 or photo kiosk 106 to create the print product).
Regarding claim 7, the electronic device steps correspond to and are rejected similarly to the method steps of claim 2 (see claim 2 above).
Regarding claim 8, the electronic device steps correspond to and are rejected similarly to the method steps of claim 3 (see claim 3 above).
Regarding claim 9, the electronic device steps correspond to and are rejected similarly to the method steps of claim 4 (see claim 4 above).
Regarding claim 10, the electronic device steps correspond to and are rejected similarly to the method steps of claim 5 (see claim 5 above).
Regarding claim 11, the non-transitory computer-readable storage medium corresponds to and is rejected similarly to the method steps of claim 1 (see claim 1 above), in addition, Fuss discloses a non-transitory computer-readable storage medium (Paragraph 9 teaches that in another aspect, the method may be embodied in a non-transitory computer-readable medium having thereon computer-executable instructions for performing the above-referenced steps).
Regarding claim 12, the non-transitory computer-readable storage medium corresponds to and is rejected similarly to the method steps of claim 2 (see claim 2 above).
Regarding claim 13, the non-transitory computer-readable storage medium corresponds to and is rejected similarly to the method steps of claim 3 (see claim 3 above).
Regarding claim 14, the non-transitory computer-readable storage medium corresponds to and is rejected similarly to the method steps of claim 4 (see claim 4 above).
Regarding claim 15, the non-transitory computer-readable storage medium corresponds to and is rejected similarly to the method steps of claim 5 (see claim 5 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reeves et al. (Pub. No.: US 2020/0042270 A1) teaches a method and device for presenting a gallery of images in a user interface that can adapt to changes in the device configuration and by user input.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George Renze whose telephone number is (703)756-5811. The examiner can normally be reached Monday-Friday 9:00am - 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached at (571) 272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.R./Examiner, Art Unit 2613
/XIAO M WU/Supervisory Patent Examiner, Art Unit 2613
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