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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/13/2026 has been entered.
DETAILED ACTION
1. This action is responsive to applicant’s amendment dated 1/13/2026.
2. Claims 1-21 are pending in the case.
3. Claims 1, 19 and 20 are independent claims.
Applicant’s Response
4. In Applicant’s response dated 1/13/2026, applicant has amended the following:
a) Claims 1-21
Based on Applicant’s amendments and remarks, the following rejections previously set forth in Office Action dated 12/31/2025 are withdrawn:
a) 35 U.S.C. 103 Rejections to claims 1-21
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-21 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of copending Application No. 19/271252 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite every element of the reference application claims and therefore, anticipate the reference application claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The dependent claims included in the statement of rejection but not specifically addressed in the body of the rejection have inherited the deficiencies of their parent claim and have not resolved the deficiencies. Therefore, they are rejected based on the same rationale as applied to their parent claims above.
Claims 1, 19 and 20 :
Claims 1, 19 and 20 recite: “Wherein the adjusted level of density is determined by calculating a function of a numerical value associated with the level of density and a mathematical object based on the second input; ”. (emphasis added)
At best, par. 153; supports determining a numerical value or a mathematical object associated with an adjusted level. In other words, values associated with the level are determined.
Therefore, there is no mention of the newly amended limitation in the original Specification. Thus, the limitations include subject matter that was not described in the original Specification.
If the examiner has overlooked the portion of the original Specification that describes this feature of the present invention, then Applicant should point it out (by page number and line number) in the response to this Office Action.
For examination purposes, the limitation is interpreted as “wherein a numerical value associated with the adjusted value of density is determined by calculating a function of a numerical value associated with the level of density and a mathematical object based on the second input;
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3:
The terms “masculinity or femininity” in claim 3 are terms which render the claim indefinite. The limitation “a stylistic representation of masculinity or femininity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 4:
The phrase “intended emotion” in claim 4 is a phrase which renders the claim indefinite. The phrase “intended emotion” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten to overcome outstanding 35 U.S.C. 112(a) rejections, 35 U.S.C. 112(b) rejections and ODP rejections.
Response to Arguments
Applicant's arguments filed 1/13/2026 have been fully considered but they are not persuasive.
Nonstatutory double patenting rejection
Examiner notes that MPEP 804 states:
“A complete response to a nonstatutory double patenting (NDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance.”
35 U.S. C. 112(b) Rejections
In respect to claim 3, Applicant argues that this amendment directly addresses and overcomes the rejection under 35 U.S.C. § 112(b) for indefiniteness. By tying the "stylistic representation" to an operational feedback loop, the claim now provides an objective standard for ascertaining the requisite degree: the level is a scalar value reduced relative to a prior state in response to the specific linguistic benchmark of "exaggerated". (see response; page 18)
Examiner respectfully disagrees.
Examiner notes that the issue is characterizing a stylistic representation as “masculinity or femininity”. Examiner submits that one of ordinary skill would not be reasonably apprised of the scope of these types of stylistic representations. In other words, it is unclear what is considered to be within the scope of masculinity or femininity stylistic representation. Applicant’s amended merely indicates that the level changes to an adjusted level. However, based on the specification, what is considered to be included as “masculinity or femininity” is still unclear.
In respect to claim 4, Applicant argues that this amendment directly addresses and overcomes the rejection under 35 U.S.C. § 112(b) for indefiniteness. By tying the "intended emotion" to a specific operational feedback loop, the claim now provides an objective standard for ascertaining the requisite degree: the level is a scalar intensity that is reduced relative to a prior state in response to the specific linguistic benchmark of "too much". (see response; page 18)
Examiner respectfully disagrees.
Examiner notes that the issue is characterizing a level as associated with “intended motion”. Examiner submits that one of ordinary skill would not be reasonably apprised of the scope of what is intended emotion and what is not intended emotion. In other words, it is unclear what type of emotion is considered “intended”. Applicant’s amended merely indicates that the level changes to an adjusted level. However, based on the specification, what is considered to be the scope of “intended emotion” is still unclear.
For at least the foregoing reasons, the claims are not in condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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, Adam Queler can be reached at (571)272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY ORR/ Primary Examiner, Art Unit 2172