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
Applicant's amendment filed on June 25, 2026 has been entered. Claims 13, 24, 25, 31 and 32 have been amended. No claims have been canceled. No claims have been added. Claims 13 – 32 are still pending in this application, with claims 13, 24 and 32 being independent.
Response to Arguments
Applicant's arguments filed June 25, 2026 have been fully considered but are moot because the new ground of 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, 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.
Claim(s) 13 – 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US Patent Application Publication 2014/0101152, IDS), hereinafter referred as Chen, in view of Suzuki (US Patent Application Publication 2013/0113829), and in further view of Tena Rodriguez et al. (US Patent Application Publication 2015/0143236), hereinafter referred as Rodriguez.
Regarding claim 24, Chen discloses an image-product design system for proactive creation of an image product (Fig. 1), the image-product design system comprising:
at least one processor (Fig. 1, #121); and
at least one memory (Fig. 1, #109) coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the image-product design system to:
obtain a group of images (Fig. 6, step 600, [0044], “a group of images having numbers within a predetermined range are first obtained as described above by a computer system.”);
generate an image product design for the image product including at least a portion of the images in the group of images (Fig. 6, [0044]), wherein the instructions that generate the image product design further cause the image-product design system to:
automatically define a style and a format for the image product, define at least the style and the format based at least in part on a number of images in the group and image properties (Fig. 6, step 610, [0044], “A style and a format can be automatically selected for a photobook design”);
sort the images based on one or more criteria to produce a ranked (sequence) (Fig. 6, step 620, [0044 – 0046], “The images are sorted by one or more criteria to produce a desirable sequence that the images will be presented in a photo book”);
based at least in part on the one or more criteria, automatically insert at least one image from the group of images into the image product design (Fig. 6, step 640, [0048], “After the page layout is selected, the selected image(s) and associated text are automatically placed in the selected page layout”); and
present the image product design to a user to preview on a user interface of a computing device (Fig. 2, step 250, [0038], “The proactively and automatically created design of the image product such as a photobook can be presented by the computer system to a user for preview”).
However, Chen fails to explicitly disclose wherein the preview of the image product design is displayed in an environment captured by an image capture device of the computing device.
However, in a similar field of endeavor Suzuki discloses an AR imaging system (abstract). In addition, Suzuki discloses the preview of the image product design is displayed in an environment captured by an image capture device of the computing device (Fig. 1 – 2, [0031 – 0042], overlaid an image (clothing) displayed in an environment captured by an image capture device (a person)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, and the preview of the image product design is displayed in an environment captured by an image capture device of the computing device. The motivation for doing this is to take an advantage of allowing users to visualize, customize, and evaluate products in their actual, intended setting before finalized.
However, Chen fails to explicitly disclose the system further automatically define a type for the image product, including analyzing an environment captured by an image capture device of a computing device to determine an environmental context, defining at least the type based at least in part on the environmental context.
However, in a similar field of endeavor Rodriguez discloses a method for generating photo album (abstract). In addition, Rodriguez discloses the method automatically define a type for the image product, including analyzing an environment captured by an image capture device of a computing device to determine an environmental context ([0033], determine semantic of images), defining at least the type based at least in part on the environmental context ([0034], determines photo album preferences (feature type); also [0019 – 0021], generate a photo album according to this storyline (type), by selecting and ordering photographs taken at the national park and consistent with the storyline (based on determine an environmental context)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, and automatically define a type for the image product, including analyzing an environment captured by an image capture device of a computing device to determine an environmental context, defining at least the type based at least in part on the environmental context. The motivation for doing this is to recognize more characteristics of images so that image-product design can be better designed.
Regarding claim 25 (depends on claim 24), Chen discloses the system wherein the instructions that sort the images based on one or more criteria to produce the ranked sequence in which the images will be presented in the photobook further cause the photobook design system to:
sort the images based on a first criteria to produce the ranked sequence; and
sort the images based on a second criteria to group the images in the ranked sequence into different page groups ([0044]).
Regarding claim 26 (depends on claim 25), Chen discloses the system wherein the first criteria is image quality ([0067]).
Regarding claim 27 (depends on claim 26), Chen discloses the system wherein the second criteria is a color content ([0045, 0067]).
Regarding claim 28 (depends on claim 26), Chen discloses the system wherein the second criteria is a geographic location or a capture time ([0044, 0046]).
Regarding claim 29 (depends on claim 24), Chen discloses the system wherein the style includes a theme ([0033]).
Regarding claim 30 (depends on claim 24), Chen discloses the system wherein the format includes a size of the image product ([0033]).
Regarding claim 31 (depends on claim 24), Chen discloses the system wherein the instructions further cause the photo-product design system to: receive a change in the group of images ([0049]); based on the change in the group of images, dynamically update the image product design; and present the updated image product design to the user to preview ([0049]).
Regarding claims 13 – 20, they are corresponding to claims 24 – 31, respectively, thus it is interpreted and rejected for the reasons set forth above in the rejection of claims 24 – 31.
Regarding claim 21 (depends on claim 20), Chen discloses the method wherein the change in the group of images includes adding or removing images from the group of images ([0049]).
Regarding claim 22 (depends on claim 13), Chen discloses the method further comprising: receiving user input to edit the image product design ([0040]).
Regarding claim 23 (depends on claim 13), Chen discloses the method further comprising: providing the image product design to a printing center to manufacture a physical product based on the image product design ([0043]).
Regarding claim 32, it is corresponding to claim 24, thus it is interpreted and rejected for the reasons set forth above in the rejection of claim 24.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIAN YANG whose telephone number is (571)270-7239. The examiner can normally be reached on Monday-Thursday 8am-6pm.
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/QIAN YANG/
Primary Examiner, Art Unit 2677
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