DETAILED ACTION
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 .
This office action is in response to claims filed on Oct. 10, 2023.
Drawings
The drawings filed on Oct. 10, 2023 have been approved by Examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/02/2025, 10/30/2024 04/09/2024 and 10/10/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 17 respectively of U.S. Patent No. 11,818,491. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-13 and 15-20 are rejected as being dependent on independent claims 1 and 14.
Application 18/484,028
U.S. Patent No. 11,818,491
Claim 1
An effect configuration method, comprising: receiving a multimedia content element; acquiring a target multimedia content corresponding to the multimedia content element, in response to an effect configuration operation applied to the multimedia content element; acquiring a display region for displaying the target multimedia content; and creating an effect configuration file to be applied to an image, the effect configuration file stores the multimedia content element, the target multimedia content, and the display region for displaying the target multimedia content; wherein the multimedia content element and the target multimedia content are configured such that the target multimedia content is displayed if the multimedia content element is in the image, and wherein the display region for displaying the target multimedia content is associated with the target multimedia content.
Claim 1
An image special effect configuration method, comprising: acquiring an image element; acquiring a target multimedia resource corresponding to the image element in response to a special effect configuration operation for the image element; storing the image element and the target multimedia resource into a special effect configuration file in an association way; acquiring a display region of the image element; determining a display region of the target multimedia resource based on the display region of the image element; and storing the display region of the target multimedia resource and the target multimedia resource into the special effect configuration file in the association way, wherein the special effect configuration file is used for performing special effect configuration on an original image, so that the target multimedia resource is played in a case where the image element appears in the original image.
Claim 14.
An effect configuration apparatus, comprising: a first module for receiving a multimedia content element; a second module for acquiring a target multimedia content corresponding to the multimedia content element in response to an effect configuration operation applied to the multimedia content element; a third module for acquiring a display region for displaying the target multimedia content; a fourth module for creating an effect configuration file to be applied to an image, the effect configuration file stores the multimedia content element, the target multimedia content, and the display region for displaying the target multimedia content, wherein the multimedia content element and the target multimedia content are configured such that the target multimedia content is displayed if the multimedia content element is in the image, and wherein the display region for displaying the target multimedia content is associated with the target multimedia content.
Claim 17.
An image special effect configuration apparatus, comprising: a first acquisition module, configured to acquire an image element; a first reception module, configured to acquire a target multimedia resource corresponding to the image element in response to a special effect configuration operation for the image element; a first association module, configured to store the image element and the target multimedia resource into a special effect configuration file in an association way; a second acquisition module, configured to acquire a display region of the image element; a first determination module, configured to determine a display region of the target multimedia resource based on the display region of the image element; and a second association module, configured to store the display region of the target multimedia resource and the target multimedia resource into the special effect configuration file in the association way, wherein the special effect configuration file is used for performing special effect configuration on an original image, so that the target multimedia resource is played in a case where the image element appears in the original image.
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 20 is rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter because the claimed “computer-readable medium” is not statutory since the language does not limit the claim to non-transitory embodiments. The specification or claims must be amended to limit the computer-readable medium to only non-transitory, and state the exclusion of transitory signals (See Official Gazette Notice 1351 OG 212, dated February 23, 2010). The examiner suggests amending the claim to state “A non-transitory computer-readable medium…” to overcome the rejection under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-5, 7, 14 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al. (2021/0366163).
Regarding claims 1, 4-5, 7, 14 and 19-20, Lin discloses an effect configuration method (see abstract, flow charts fig.1, figs.3-4, figs.5-6, fig.10, element 100, paragraph [0040], [0095] and its description), comprising: receiving a multimedia content element see abstract, flow charts fig.1, figs.3-4, figs.5-6, fig.10, element 108, paragraphs [0014-0016], [0024], [0097-0098] and its description); acquiring a target multimedia content corresponding to the multimedia content element, in response to an effect configuration operation applied to the multimedia content element (see abstract, flow charts fig.1, figs.3-4, figs.5-6, fig.10, element 103, paragraphs [0006-0007], [0097-0098] and its description); acquiring a display region for displaying the target multimedia content (see abstract, fig.1, figs.3-4, figs.5-6, fig. 10, element 109, paragraphs [0006-0007], [0097-0099] and its description); and creating an effect configuration file to be applied to an image, the effect configuration file stores the multimedia content element, the target multimedia content, and the display region for displaying the target multimedia content (see abstract, fig.1, figs.3-4, figs.5-6, fig. 10, element 109, paragraphs [0006-0007], [0097-0099] and its description); wherein the multimedia content element and the target multimedia content are configured such that the target multimedia content is displayed if the multimedia content element is in the image, and wherein the display region for displaying the target multimedia content is associated with the target multimedia content (see abstract, flow charts fig.1, figs.3-4, figs.5-6, fig.10, elements 107, 109 paragraphs [0014-0016], [0097-0099] and its description).
Regarding claim 4, Lin further discloses wherein acquiring the target multimedia content corresponding to the multimedia content element comprises: generating the target multimedia content based on the multimedia content element (see paragraph [0098]).
Regarding claim 5, Lin further discloses wherein generating the target multimedia content based on the multimedia content element comprises: acquiring an effect element, applying the effect element to the multimedia content element, and generating the target multimedia content, wherein the effect element comprises one or more of: text, image, beauty, filter, and audio. (see abstract, paragraphs [0002], [0006-0007], [0014]).
Regarding claim 7, Lin further discloses wherein the display region for displaying the target multimedia content is associated with the multimedia content element (see abstract, paragraphs [0006-0007]).
Regarding claim 19, Lin further discloses an electronic device (see abstract, fig.10, element 100, paragraph [0040] and its description), comprising: one or more processors; a memory; and one or more computer programs, wherein the one or more computer programs are stored in the memory and configured to be executed by the one or more processors, and the one or more computer programs are configured to perform the effect configuration method (see abstract, fig.9, element 90, fig.10, elements 107, 109, paragraphs [0039-0040], [0091-0098] and its description).
Regarding claim 20, Lin further discloses computer-readable medium (see abstract, fig.9, element 91, paragraph [0040] and its description), wherein the computer-readable medium is used for storing computer instructions that, when executed on a computer, causes the computer to execute the effect configuration method. (see abstract, fig.9, paragraphs [0002], [0026-0028], [0038], [0088-0089] and its description)
Allowable Subject Matter
Claims 2-3, 6, 8-13 and 15-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571)272-7871. The examiner can normally be reached on Mon-Th.
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, Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/Primary Examiner, Art Unit 2647