DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This non-final office action is in response to the RCE filed 6 May 2026 and the amendment filed 28 April 2026.
Claims 1-20 are pending. Claims 9-14 are withdrawn for being directed toward a non-elected invention. Claims 1, 9, and 15 are independent claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 and 15-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
According to Step 1 of the two Step analysis, claims 1-8 are directed toward a method (process). Claims 15-20 are directed toward a system (machine). Therefore, each of these claims falls within one of the four statutory categories.
Claim 1:
Step 2A, Prong 1:
The claim recites:
encoding the prompt to obtain text embedding representing the plurality of elements (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to obtain an embedding representing the plurality of prompt elements)
generating a plurality of image assets based on the text embedding… by performing diffusion denoising to obtain a single latent representation representing the plurality of image assets and decoding the single latent representation to obtain a tuple comprising the plurality of image assets including a plurality of images, wherein the tuple is ordered or labeled according to a relationship between the plurality of image assets and is selected from a set comprising a foreground layer, a background layer, an alpha channel for the foreground layer, or a combination thereof (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation by performing diffusion denoising to obtain a single latent representation representing the plurality of image assets and decoding the single latent representation to obtain a tuple comprising the image assets including a plurality of images)
generating a structure document matching the document description, wherein the structured document includes a plurality of image assets and metadata describing the relationship between the plurality of image assets (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to generate a structured document, with the aid of pencil and paper, including the plurality of image assets and metadata describing the relationship between the plurality of image assets)
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
obtaining a prompt including a document describing a plurality of elements
This additional element is a data gathering step recited at a high level of generality. This amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
The claim recites the additional element:
using a generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
The claim recites the additional element:
wherein the structured document comprises data in a computer file format
This limitation amounts to extra solution activity because it is a mere nominal or tangential addition to the claim, amounting to mere data output (see MPEP 2106.05(g)). The courts have similarly found limitations directed to displaying a result, recited at a high level of generality, to be well-understood, routine, and conventional. See (MPEP 2106.05(d)(II), "presenting offers and gathering statistics.", “determining an estimated outcome and setting a price”).
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
obtaining a prompt including a document describing a plurality of elements
This additional element is a data gathering step recited at a high level of generality. This amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
The claim recites the additional element:
using a generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
The claim recites the additional element:
wherein the structured document comprises data in a computer file format
This limitation amounts to extra solution activity because it is a mere nominal or tangential addition to the claim, amounting to mere data output (see MPEP 2106.05(g)). The courts have similarly found limitations directed to displaying a result, recited at a high level of generality, to be well-understood, routine, and conventional. See (MPEP 2106.05(d)(II), "presenting offers and gathering statistics.", “determining an estimated outcome and setting a price”).
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 2:
With respect to claim 2, the claim depends upon claim 1. The analysis of claim 1 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites the abstract idea identified with respect to claim 1.
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
wherein the prompt is encoded by an encoder and wherein the encoder comprises a transformer network
This additional element is a data gathering step recited at a high level of generality. This amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
wherein the prompt is encoded by an encoder and wherein the encoder comprises a transformer network
This additional element is a data gathering step recited at a high level of generality. This amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 3:
With respect to claim 3, the claim depends upon claim 1. The analysis of claim 1 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
initializing a noise vector in a latent space representing a plurality of document parts (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to initialize a noise vector representing a plurality of document parts)
generating a latent vector representing the plurality of image assets by denoising the noise vector based on the text embedding (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation by denoising the noise vector on the text embedding to generate a latent vector)
decoding the latent vector to obtain the plurality of image assets, wherein the plurality of image assets corresponds to the plurality of document parts respectively (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to decode a latent rector to obtain the image assets corresponding to the plurality of document parts)
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
using a generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
using a generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 4:
With respect to claim 4, the claim depends upon claim 3. The analysis of claim 3 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
decoding the latent vector to obtain a parameter for displaying an asset of the plurality of image assets (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to decode the latent vector to obtain a parameter for displaying an asset)
Step 2A, Prong 2:
There are no additional elements considered under Step 2A, Prong 2.
Step 2B:
There are no additional elements considered under Step 2B.
Claim 5:
With respect to claim 5, the claim depends upon claim 3. The analysis of claim 3 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
wherein the latent vector is generated using a denoising diffusion implicit model (DDIM) process (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to generate a latent vector by applying a denoising diffusion implicit model process)
Step 2A, Prong 2:
There are no additional elements considered under Step 2A, Prong 2.
Step 2B:
There are no additional elements considered under Step 2B.
Claim 6:
With respect to claim 6, the claim depends upon claim 1. The analysis of claim 1 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
generating an additional asset… wherein the structured document includes the additional asset (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to generate an additional asset included structured document, with the aid of pencil and paper)
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
providing one or more of the plurality of image assets as input
The additional element is recited at a high level of generality and amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
providing one or more of the plurality of image assets as input
The additional element is recited at a high level of generality and amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 7:
With respect to claim 7, the claim depends upon claim 6. The analysis of claim 6 is incorporated herein by reference.
Step 2A, Prong 1:
The claim is directed toward the same abstract idea identified with respect to claim 6.
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
obtaining an additional prompt, wherein the additional asset is generated based on the additional prompt
The additional element is recited at a high level of generality and amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
obtaining an additional prompt, wherein the additional asset is generated based on the additional prompt
The additional element is recited at a high level of generality and amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for use in the claimed process. The courts have found limitations directed to obtaining information electronically, recited at a high level of generality, to be well-understood, routine, and conventional (see MPEP 2106.05(d)(II), “receiving or transmitting data over a network”, "electronic record keeping," and "storing and retrieving information in memory").
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 8:
With respect to claim 8, the claim depends upon claim 1. The analysis of claim 1 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
the plurality of image assets includes a mask image, and wherein the relationship comprises a layer ordering of the background layer and foreground layer and an association of the mask image with another image asset (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation for generating a plurality of image assets, wherein the image assets include a mask image and a relationship comprising a layer ordering of the background layer and foreground layer and an association of the mask image with another image asset)
Step 2A, Prong 2:
There are no additional elements considered under Step 2A, Prong 2.
Step 2B:
There are no additional elements considered under Step 2B.
Claim 15:
With respect to claim 15, the claim recites the limitations substantially similar to those in claim 1. The analysis of claim 1 is incorporated herein by reference.
Step 2A, Prong 1:
The claim is directed toward the same abstract idea identified with respect to claim 1.
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
at least one memory component
at least one processing device coupled to the at least one memory component, wherein the at least one processing device is configured to execute instructions stored int the at least one memory component
The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)).
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
at least one memory component
at least one processing device coupled to the at least one memory component, wherein the at least one processing device is configured to execute instructions stored int the at least one memory component
The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)).
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 16:
With respect to claim 16, the claim depends upon claim 15. The analysis of claim 15 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
a decoder configured to decode a latent vector… to obtain the plurality of image assets (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to decode a latent vector to obtain a plurality of image assets)
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
generated by the generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
generated by the generative neural network
The use of a generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 17:
With respect to claim 17, the claim depends upon claim 16. The analysis of claim 16 is incorporated herein by reference.
Step 2A, Prong 1:
The claim recites:
wherein the decoder comprises a decoder of a variational auto-encoder (VAE) model (mental process; As drafted and under its broadest reasonable interpretation, this limitation covers performance of the limitation in the mind (including an observation, evaluation, judgment, opinion) or with the aid of pencil and paper but for the recitation of generic computer components. For example, this limitation encompasses an evaluation to decode using a variational auto-encoder model)
Step 2A, Prong 2:
There are no additional elements considered under Step 2A, Prong 2.
Step 2B:
There are no additional elements considered under Step 2B.
Claim 18:
With respect to claim 18, the claim recites the limitations substantially similar to those in claim 2. The analysis of claim 2 is incorporated herein by reference.
Claim 19:
With respect to claim 19, the claim depends upon claim 18. The analysis of claim 18 is incorporated herein by reference.
Step 2A, Prong 1:
The claim is directed toward the same abstract idea identified with respect to claim 18.
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
wherein the prompt encoder comprises a multimodal encoder configured to encode text and images in a joint embedding space
These limitations amount to extra solution activity because it is a mere nominal or tangential addition to the claim, amounting to mere data output (see MPEP 2106.05(g)). The courts have similarly found limitations directed to displaying a result, recited at a high level of generality, to be well-understood, routine, and conventional. See (MPEP 2106.05(d)(II), "presenting offers and gathering statistics.", “determining an estimated outcome and setting a price”)
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
wherein the prompt encoder comprises a multimodal encoder configured to encode text and images in a joint embedding space
These limitations amount to extra solution activity because it is a mere nominal or tangential addition to the claim, amounting to mere data output (see MPEP 2106.05(g)). The courts have similarly found limitations directed to displaying a result, recited at a high level of generality, to be well-understood, routine, and conventional. See (MPEP 2106.05(d)(II), "presenting offers and gathering statistics.", “determining an estimated outcome and setting a price”)
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Claim 20:
With respect to claim 20, the claim depends upon claim 18. The analysis of claim 18 is incorporated herein by reference.
Step 2A, Prong 1:
The claim is directed toward the same abstract idea identified with respect to claim 18.
Step 2A, Prong 2:
The judicial exception is not integrated into a practical application.
The claim recites the additional element:
wherein the generative neural network comprises a diffusion model based on a UNet architecture
The generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2A, prong two, the additional elements individually or in combination do no integrate the judicial exception into a practical application.
Step 2B:
In accordance with Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more that the judicial exception.
The claim recites the additional element:
wherein the generative neural network comprises a diffusion model based on a UNet architecture
The generative neural network is recited at a high-level of generality and amounts to no more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea (See MPEP 2106.05(f)).
Accordingly, at Step 2B the additional elements individually or in combination do not amount to significantly more than the judicial exception.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims under 35 USC 103 have been fully considered and are persuasive. The rejection has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE R STORK whose telephone number is (571)272-4130. The examiner can normally be reached 8am - 2pm; 4pm - 6pm.
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, Omar Fernandez Rivas can be reached at 571/272-2589. 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.
/KYLE R STORK/Primary Examiner, Art Unit 2128
Prosecution Insights