DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/2026 has been entered.
Status of Claims
The following is non-final office action in response to the communication filed 2/10/2026.
Claims 1, 9 and 18 are amended.
Claims 1-27 are currently pending and have been examined.
Priority
The applicant’s claim for benefit of applications 62157112, 15147650, 16423964, 17532233, and18148047 has been received and acknowledged.
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 62157112, filed 05/05/2015, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for all claims of this application, having provided no support for system structure or any other features discussed with respect to the additional applications listed below.
The disclosure of the prior-filed application, Application No. 15/147,650, filed 05/05/2016, and Application No. 16/423,964, filed 5/28/2019, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for claims 9-27 of the instant application. The subject matter of figures 16-29b, and the associated content from the written description of the instant invention (e.g., concentration ratio, three layers of objects (e.g., art object, primary art object, overall, superimposed arrangements (limited to single degree of layering, rather than indefinite combinations thereof) and associated superimposition signal, rendering plurality of primary personalized artworks, arranging said plurality into an “overall” feature, replacement commands, etc.), and thus the associated claim limitations, are not supported by the disclosure presented in Application No. 15/147,650 and Application No. 16/423,964.
The disclosure of the prior-filed application, Application No. 17/532,233, filed 11/2/2021, and Application No. 18/148,047, filed 12/29/22, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for claims 9-27 of the instant application. The subject matter of figures 21-29b, and the associated content from the written description of the instant invention (e.g., concentration ratio, three layers of objects (e.g., art object, primary art object, overall, superimposed arrangements (limited to single degree of layering, rather than indefinite combinations thereof) and associated superimposition signal, rendering plurality of primary personalized artworks, arranging said plurality into an “overall” feature, replacement commands, etc.), and thus the associated claim limitations, are not supported by the disclosure presented in Application No. 17/532,233 and Application No. 18/148,047.
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 Arguments
Applicant’s amendments and associated arguments, filed 2/10/2026, with respect to the rejection of the claims under 35 U.S.C. §101 have been considered but they are not persuasive.
Applicant argues that as amended, the claims recite a specific technical implementation that cannot practically be performed in the human mind, specifically the functions of collision detection. Examiner respectfully disagrees. As currently recited, the randomization engine is applying the abstract concept of positioning elements (e.g., words) within an outer border, a function which can be performed by a human using pen and paper. Humans are also capable of spatial arrangement in the generation of artwork, including achieving random arrangement, preventing overlap and maintaining element integrity (keeping whole) when placing elements (such as words) within a geometric boundary. In addition, "claiming the improved speed or efficiency inherent with applying the abstract idea on a computer" does not provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). See MPEP 2106.05(f). Furthermore, it is noted that the features upon which applicant relies (i.e., medium-specific boundary characteristics/constraints) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant further argues that the claims recite an integration into a practical application because they produce a tangible result. Examiner respectfully disagrees. When recited at this level of breadth, the production functions of the production device amount to extra-solution activity (note that printing is identified as an insignificant application in MPEP 2106).The specification demonstrates the well-understood, routine, conventional nature of this additional element as it describes the additional element as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). In addition, Carney et al. (US 20010048772) (see [0005]), Hicks (20020063901) (see [0011]), Takemoto et al. (US 20020063889) (see [0003]), and Brothers et a. (US 20080239418) (see [002]), establish that it is common practice for a customer to provide an image to a device for production (image-printed products, e.g. a mugcup or t-shirt).
Applicant’s amendments and associated arguments, filed 2/10/2026, with respect to the rejection of the claims under 35 U.S.C. §103 have been considered but are but are not persuasive.
Applicant argues that the applied prior art does not teach the specific constraint of the objects, words and images remaining whole (not cut off) and non-overlapping within an outer border. Examiner respectfully disagrees. See an exploded image (of hand filled with text) provided from Denbuchanan below, which displays words (i) remaining whole, (ii) non-overlapping, and (iii) positioned within the outer border. Examiner notes, in response to the arguments directed to Klappert, the claims do not preclude the re-sizing of the stencil (outer border) or the text (words) to ensure that the text fits within the stencil. Examiner further notes, in response to arguments directed to Mack, that Mack is applied to teach the limitations directed to high and low resolution images being utilized at different stages of design and production.
Applicant further argues that none of the cited references disclose or suggest a physical good comprising at least one or apparel, canvas, home goods and kitchenware. Examiner respectfully disagrees. See an exploded image (of the purchase options) from Denbuchanan below, which displays purchase options for t-shirts and mugs.
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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 1-27 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.
Claims 1, 9, and 19 have been amended to recite that the computer-implemented system comprises a production device configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods and kitchenware. While the specification provides support for a production device (e.g., see element 180 in Figs 1-2 and element 896 in Fig. 15) and depictions of such goods as finished products, the specification does not provide support for system implementation for production of said products. There is support for a request being sent to a production device from the art creation server, but the specification does not provide support for the computer-implemented production of apparel, kitchenware, etc.
Dependent claims 2-8, 10-18 and 20-27 do not act to cure the deficiencies of claims 1, 9 and 19 and are thereby rejected for at least the same rationale.
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 1-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 of the Subject Matter Eligibility Test entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter.
Claims 1-27 are directed to a method (process), and a system (machine or manufacture), respectively. As such, the claims are directed to statutory categories of invention.
If the claim recites a statutory category of invention, the claim requires further analysis in Step 2A. Step 2A of the Subject Matter Eligibility Test is a two-prong inquiry. In Prong One, examiners evaluate whether the claim recites a judicial exception.
The independent claims recite abstract limitations, including those identified in bold below:
1. A computer-implemented system to create a personalized artwork, the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives at least one of an art object, a word, an image, a primary art object, a primary image, and a primary word; wherein each of the primary art object, the primary image, and the primary word is defined by an outer border; wherein the randomization engine generates a rendering of the personalized artwork by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word, and the image remains whole and non-overlapping with other art objects, words and images within the outer border; wherein the randomization engine is configured to generate a low-resolution version of the rendering; where the low-resolution version of the rendering is displayed by the consumer client; wherein the customization engine is operable to allow for the low-resolution version of the rendering to be selectively customizable by allowing the art object, the word and the image to be selectively modified with at least one design element; and wherein the randomization engine is configured to generate a high-resolution version of the rendering for production; and wherein the production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the rendering.
9. A computer-implemented system to create an overall personalized artwork rendering, the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives at least one of an overall art object, an overall image, an overall word, a primary art object, a primary image, a primary word, an art object, a word, and an image; wherein each of the overall art object, the overall image, the overall word, the primary art object, the primary image, and the primary word is defined by an outer border; wherein the randomization engine generates a plurality of primary personalized artwork renderings by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image, and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word, and the age remains whole and non-overlapping with other art objects, words, and images within the outer border of at least one of the primary art objects, the primary image, and the primary word; wherein the plurality of primary personalized artwork renderings comprise a plurality of differing primary personalized artwork renderings, each of the plurality of differing primary personalized artwork renderings including a different combination of a subset of at least one of the art object, the word, and the image that is contained within at least one of the primary art object, the primary image, and the primary word; wherein the randomization engine generates the overall personalized artwork rendering by randomly arranging a subset of the plurality of differing primary personalized artwork renderings to be contained within the outer border of at least one of the overall art object, the overall image, and the overall word; wherein the randomization engine is configured to generate a low-resolution version of the overall personalized artwork rendering; wherein the low-resolution version of the overall personalized artwork rendering is displayed by the consumer client; wherein the customization engine is operable to allow for each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image of the overall personalized artwork rendering to be selectively customizable by allowing each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image to be selectively modified with at least one design element; and wherein the randomization engine is configured to generate a high-resolution version of the overall personalized artwork rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the overall personalized artwork rendering.
18. A computer-implemented system to create a personalized artwork based on input received from a consumer client, the system comprising: an art creation server in communication with the consumer client and comprising a processor, a data store, and a controller that comprises a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives an input from the consumer client; wherein the data management engine identifies at least one guide factor from the input; wherein the data management engine compares the at least one guide factor to the data included in the data store; wherein the data management engine identifies at least one of an art object, a word, and an image contained within the data store that correlates to the at least one guide factor to define at least one of a correlated art object, a correlated word, and a correlated image; wherein the randomization engine generates a low-resolution rendering of the personalized artwork defined as an initial rendering of the personalized artwork, by randomly arranging a subset of at least one of the correlated art object, the correlated word, and the correlated image so that the correlated art object, the correlated word, and the correlated image remain whole and are not cut off; wherein the randomization engine applies collision detection to position the subset of at least one of the correlated art object, the correlated word, and the correlated image such that each of the correlated art object, the correlated word, and the correlated image remains whole and non-overlapping with other correlated art objects, correlated words, and correlated images; wherein the initial rendering is displayed by the consumer client; wherein the customization engine is operable to allow for the initial rendering to be selectively customizable by allowing at least one of the correlated art object, the correlated word, and the correlated image, to be selectively modified with at least one design element to generate a customized rendering of the personalized artwork; wherein the customized rendering of the personalized artwork is displayed by the consumer client; wherein the randomization engine is configured to generate a high-resolution version of the rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the rendering.
These limitations, as drafted, are a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind, or by a human using pen and paper, and therefore recite mental processes. More specifically, other than reciting that the method is performed by a computing system, nothing in the claim element precludes the aforementioned steps (in summary, designing a word cloud) from practically being performed in the human mind, or by a human using pen and paper. The mere recitation of a generic computer does not take the claim out of the mental process grouping. Thus, the claim recites an abstract idea.
If the claim recites a judicial exception in step 2A Prong One , the claim requires further analysis in step 2A Prong Two. In step 2A Prong Two, examiners evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The independent claims recite additional elements including those underlined below:
1. A computer-implemented system to create a personalized artwork, the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives at least one of an art object, a word, an image, a primary art object, a primary image, and a primary word; wherein each of the primary art object, the primary image, and the primary word is defined by an outer border; wherein the randomization engine generates a rendering of the personalized artwork by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word, and the image remains whole and non-overlapping with other art objects, words and images within the outer border; wherein the randomization engine is configured to generate a low-resolution version of the rendering; where the low-resolution version of the rendering is displayed by the consumer client; wherein the customization engine is operable to allow for the low-resolution version of the rendering to be selectively customizable by allowing the art object, the word and the image to be selectively modified with at least one design element; and wherein the randomization engine is configured to generate a high-resolution version of the rendering for production; and wherein the production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the rendering.
9. A computer-implemented system to create an overall personalized artwork rendering, the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives at least one of an overall art object, an overall image, an overall word, a primary art object, a primary image, a primary word, an art object, a word, and an image; wherein each of the overall art object, the overall image, the overall word, the primary art object, the primary image, and the primary word is defined by an outer border; wherein the randomization engine generates a plurality of primary personalized artwork renderings by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image, and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word, and the age remains whole and non-overlapping with other art objects, words, and images within the outer border of at least one of the primary art objects, the primary image, and the primary word; wherein the plurality of primary personalized artwork renderings comprise a plurality of differing primary personalized artwork renderings, each of the plurality of differing primary personalized artwork renderings including a different combination of a subset of at least one of the art object, the word, and the image that is contained within at least one of the primary art object, the primary image, and the primary word; wherein the randomization engine generates the overall personalized artwork rendering by randomly arranging a subset of the plurality of differing primary personalized artwork renderings to be contained within the outer border of at least one of the overall art object, the overall image, and the overall word; wherein the randomization engine is configured to generate a low-resolution version of the overall personalized artwork rendering; wherein the low-resolution version of the overall personalized artwork rendering is displayed by the consumer client; wherein the customization engine is operable to allow for each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image of the overall personalized artwork rendering to be selectively customizable by allowing each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image to be selectively modified with at least one design element; and wherein the randomization engine is configured to generate a high-resolution version of the overall personalized artwork rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the overall personalized artwork rendering.
18. A computer-implemented system to create a personalized artwork based on input received from a consumer client, the system comprising: an art creation server in communication with the consumer client and comprising a processor, a data store, and a controller that comprises a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; wherein the data management engine receives an input from the consumer client; wherein the data management engine identifies at least one guide factor from the input; wherein the data management engine compares the at least one guide factor to the data included in the data store; wherein the data management engine identifies at least one of an art object, a word, and an image contained within the data store that correlates to the at least one guide factor to define at least one of a correlated art object, a correlated word, and a correlated image; wherein the randomization engine generates a low-resolution rendering of the personalized artwork defined as an initial rendering of the personalized artwork, by randomly arranging a subset of at least one of the correlated art object, the correlated word, and the correlated image so that the correlated art object, the correlated word, and the correlated image remain whole and are not cut off; wherein the randomization engine applies collision detection to position the subset of at least one of the correlated art object, the correlated word, and the correlated image such that each of the correlated art object, the correlated word, and the correlated image remains whole and non-overlapping with other correlated art objects, correlated words, and correlated images; wherein the initial rendering is displayed by the consumer client; wherein the customization engine is operable to allow for the initial rendering to be selectively customizable by allowing at least one of the correlated art object, the correlated word, and the correlated image, to be selectively modified with at least one design element to generate a customized rendering of the personalized artwork; wherein the customized rendering of the personalized artwork is displayed by the consumer client; wherein the randomization engine is configured to generate a high-resolution version of the rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including the high-resolution version of the rendering.
The functions (e.g. to receive, store, process and transmit data) of each of the computing components (e.g., the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store) are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components.
The resolution manipulation functions of the each of the computing components (e.g., each of the respective engines) and the production functions of the production device amount to extra-solution activity.
The production of a physical good, when recited at this level of breadth could be classified as both apply it and post-solution activity.
Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
If the additional elements do not integrate the exception into a practical application in step 2A Prong Two, then the claim is directed to the recited judicial exception, and requires further analysis under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).
As indicated above, the functions (e.g. to receive, store, process and transmit data) of each of the computing components (e.g., the system comprising: an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store) are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit).
As indicated above, the resolution manipulation functions of the each of the computing components (e.g., each of the respective engines) amount to extra-solution activity. The specification demonstrates the well-understood, routine, conventional nature of this additional element as it describes the additional element as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). In addition, applicable prior art, Yokota et al. (US 6282330) discloses that it is well-known to utilize low-resolution image data for display and high-resolution image data for printing.
As indicated above, the production functions of the production device amount to extra-solution activity (note that printing is identified as an insignificant application in MPEP 2106).The specification demonstrates the well-understood, routine, conventional nature of this additional element as it describes the additional element as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). In addition, Carney et al. (US 20010048772) (see [0005]), Hicks (20020063901) (see [0011]), Takemoto et al. (US 20020063889) (see [0003]), and Brothers et a. (US 20080239418) (see [002]), establish that it is common practice for a customer to provide an image to a device for production (image-printed products, e.g. a mugcup or t-shirt).
Thus, even when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea.
The various limitations of claims 2-8, 10-17, and 19-27 merely narrow the previously recited abstract idea limitations (further characterize the design element, arrangement/rendering of artwork, input types, correlation of data, etc.). For the reasons described above with respect to claims 1, 9, and 18, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claims 5 and 14 further recite the conversion of the image to a photo object, which amounts to extra-solution activity. The specification demonstrates the well-understood, routine, conventional nature of additional elements as it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a).
Claims 6, 8, 15, 17, 19, 25 and 27 further recites signals/input received at/from various devices (consumer client, data management engine, customization engine, third-party server). The receipt of signals, as recited, characterize user input and a processing output, each of which are recited at a high level of generality and merely amounts to applying the abstract idea with generic computing devices. It is noted that, if characterized as extra-solution activity, the Symantec, TLI, OIP Techs. and buySAFE court decisions cited in MPEP 2106.05(d)(II) indicate that mere receiving or transmitting data over a network is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Claim 26 further recites the storage of data in a data store which amounts to extra-solution activity. The specification demonstrates the well-understood, routine, conventional nature of additional elements as it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). In addition, the Versata and OIP Techs court decisions cited in MPEP 2106.05(d)(II) indicate that storing and retrieving data in memory is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4, 6-8 and 18-27 is/are rejected under 35 U.S.C. 103 as being unpatentable Denbuchanan (https://www.youtube.com/watch?v=iWYwz9Kzr4g) in view of Klappert et al. (US 20130007661) and further in view of Mack et al. (US 2002054115).
With respect to claim 1, Denbuchanan, in the video tutorial of Tagxedo, discloses:
A computer-implemented system to create a personalized artwork, (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device) the system comprising:
an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device, which includes functionality for retrieving and manipulating data, saving multiple design iterations, random placement and re-placement of text, and stored and applied customization options, all applied in the manipulation of displayed artwork);
wherein the data management engine receives at least one of an art object, a word, an image, a primary art object, a primary image, and a primary word; wherein each of the primary art object, the primary image, and the primary word is defined by an outer border; (Denbuchanan Fig. 1 – user input of text or text source; Denbuchanan Fig. 2/3 – user input/selection of shape/image with defined outer border)
wherein the randomization engine generates a rendering of the personalized artwork by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; (Denbuchanan Fig. 2 to 3 – selection of hand shape and generation of hand shape filled with input/retrieved text, see rendering)
wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word, and the image remains whole and non-overlapping with other art objects, words and images within the outer border; (Denbuchanan Fig. 3 –generation of hand shape filled with input/retrieved text where the text remains whole and non-overlapping within the image, see rendering – see also, for example, Fig. 14 where words do not overlap and stay within the bounds of the selected image)
wherein the randomization engine is configured to generate a … version of the rendering; wherein the … rendering is displayed by the consumer client (Denbuchanan Fig. 2 to 3 – selection of hand shape and generation of hand shape filled with input/retrieved text, see rendering)
wherein the customization engine is operable to allow for the… rendering of the to be selectively customizable by allowing the art object, the word and the image to be selectively modified with at least one design element; (Denbuchanan Fig. 4, 6, 7, 8 (all), 9 - selection of theme (colors), font, layout, text skip, text orientation)
wherein the randomization engine is configured to generate a … version of the rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one apparel, canvas, home goods, and kitchenware, including the …version of the drawing (Denbuchanan Fig. 1-9 (all) – with fig. 9 presenting final image; Denbuchanan Fig. 10-11 (Fig. 11 from previously attached NPL document provided for sake of clarity below) – selectable options for saving/sharing/purchasing product w/ final image, purchasable products including t-shirts and mugs).
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Though very strongly suggested, Denbuchanan does not explicitly recite the system structure for supporting the Tagxedo interface.
Klappert more explicitly discloses a distributed system for generating a word cloud (fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was made to support the Tagxedo system exhibited by Denbuchanan with the system structure of Klappert since the claimed invention is just a combination of old elements, and in the combination each element merely would have performed that same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so to facilitate online interfaces with user devices via a remote server system.
Examiner further notes that, with respect to the claimed randomization engine applies collision detection functions, Klappert also discloses the generation of an image where words are rendered within the outline of the selected shape (stencil) without overlapping or being cutoff (i.e. remains whole) (see [0074]-[0078], [0118] Fig. 6, 14)
The combination of Denbuchanan and Klappert disclose a system for creating word art, the generates previews for editing and for purchase, but does not explicitly disclose the differences in resolution stemming from different phases of design development and purchase as claimed.
Mack (US 20020054115) discloses:
… configured to generate a low-resolution version …; wherein the low-resolution version … is displayed by the consumer client; … allow for the low-resolution version of the rendering to be selectively customizable (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0030] Each of the images 104 can be added to the sticker canvas 70 by clicking on the link "add to sticker" above the selected image, as shown in FIG. 10, and bringing the image, in the thumbnail size as shown, into the default position with the upper left-hand corner of its framing rectangle being positioned near the upper left-hand corner of the canvas. Then, with the conventional click-and-drag operation of the user's pointing device 29 on the framing rectangle, the image may be both resized (smaller or larger) and moved to any chosen position on the canvas; Mack [0032] . When the image to be selected, in any appropriate graphic format, is indicated in box 110, the "Upload" button 114 is clicked on to upload the selected image into the server's image directory 40 (FIG. 2) at the size and resolution as found in the user's file. Irespective of such size and resolution, the programming at the server will then produce a second image by resizing the user image to the shape of a thumbnail sketch the same size and resolution as the clip art pictures 104 and place it at the bottom of window 100A, as shown by the illustrated previously uploaded user images 120, 121 and 122 in FIG. 11.; Mack [0034] When the sticker has been completely built in accordance with the user's wishes, the user may push the save button 52 on the screen and a small window 140, as indicated in FIG. 14, appears. By clicking on "Ok" the sticker will be placed in the user's file (FIG. 2) in the server directories 40.. The sticker as presented on the canvas 70 will be saved in the server database in its component parts and in different locations therein. Thus, the graphic images on the sticker will be separately stored in separate Java object files in the directories 40 and 42 (FIG. 2) and the XML code created by the Java servlet will fix the position of each of these objects on the completed canvas as well as recreate the text lines and fix their positions on the canvas in accordance with the framing rectangle pixel positions.; Mack [0035] If a sticker has been previously constructed on the system of the present invention by the user, he may retrieve it for printing or he may wish to make modifications or duplicates of the sticker which can then be modified to create a new sticker. Mack [0036] Upon completion of the editing process, the newly designed sticker can be saved (FIG. 14) and… the user can print out a low resolution version of the sticker on his own printer). … generate a high-resolution version of the rendering for production; and wherein a production device is configured to create a physical good …. including the high-resolution version of the rendering (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0036] The user can purchase a sticker (or a number thereof) with the stickers being professionally printed in a high resolution format as saved in the server files as previously explained. This latter step will involve a conventional secure payment transaction and a final approval of the finished sticker design by the server. In assembling the high resolution image for final approval, the server will utilize the full size high resolution (e.g., TIFF or EPS) clip art images. The user uploaded images will be converted to the final high resolution format that is chosen by the user. The text and shape components of the sticker can be scaled up to the appropriate size and chosen high resolution using conventional vector scaling programming. The final high resolution image of the sticker will then be finally approved for both content and quality by the server so that the finished sticker image can be sent to the printer for professional printing).
One of ordinary skill in the art would have recognized that applying the known resolution-based presentation and processing of digital designs, as taught by Mack, in the design system, as taught by the combination of Denbuchanan and Klappert, would have resulted in an improved system that would allow for the creation of appropriate resolutions for processing, previewing, viewing and printing (see [0008]).
In addition, it would have been obvious to one of ordinary skill in the art at the time of filing to include a production device with production capabilities, as taught by Mack, in the digital design in the system as taught by the combination of Denbuchanan and Klappert, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., resulting in the production of the design product).
With respect to claim 2, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 1 and further disclose: wherein the at least one design element includes at least one of a user-specified font, a user-specified size, a user-specified font-size, and a user-specified color. (Denbuchanan Fig. 4, 6, 7, 8, 9 - selection of theme (colors), font, layout, text skip, text orientation)
With respect to claim 4, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 1 and further disclose: wherein randomly arranging the art object, the word, and the image includes randomly arranging the art object, the word, and the image within the outer border of at least one of the primary art object, the primary image and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border. (Denbuchanan Fig. 1-9 – selection of shape and generation of shape filled with input text that remains whole; see also Klappert Fig. 14,15a/b, [0116]-[0132] for explicit recitation of random placement of words)
With respect to claim 6, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 1 and further disclose: wherein the customization engine is configured to remove any of the art object, the word, and the image based on a removal signal received from the consumer client, and be replaced by a respective empty space. (Denbuchanan Fig. 8, 8a-c – selection to skip (thus removing) text “face” and rearranging words to fill empty space)
With respect to claim 7, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 6 and further disclose: wherein the randomization engine is configured to replace the respective empty space with at least one of the art object, the word, and the image. (Denbuchanan Fig. 8, 8a-c – selection to skip (thus removing) text “face” and rearranging words to fill empty space)
With respect to claim 8, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 1 and further disclose: wherein the data management engine receives a concentration ratio signal for at least one of the art object, the word, and the image; and wherein the randomization engine is further configured to generate the personalized artwork based on the art object, the word, the image, and the concentration ratio signal of at least one of the art object, the word, and the image. (Denbuchanan Fig. 13 – see transcript – cloud generator gives prominence to the retrieved/received words that appear most frequently; see also Klappert [0069] [0100] which associates frequency with text size)
With respect to claim 18, Denbuchanan discloses:
A computer-implemented system to create a personalized artwork based on input received from a consumer client, (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device) the system comprising:
an art creation server in communication with the consumer client and comprising a processor, a data store, and a controller that comprises a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device, which includes functionality for retrieving and manipulating data, saving multiple design iterations, random placement and re-placement of text, and stored and applied customization options, all applied in the manipulation of displayed artwork);
wherein the data management engine receives an input from the consumer client (Denbuchanan Fig. 1 – user input of text or text source);
…
wherein the data management engine compares the … data included in the data store (Denbuchanan Fig. 1 extraction of keywords from URL; Denbuchanan Fig. 13 – see transcript – cloud generator identifies retrieved/received words that appear most frequently);
wherein the data management engine identifies at least one of an art object, a word, and an image contained within the data store that correlates … to define at least one of a correlated art object, a correlated word, and a correlated image (Denbuchanan Fig. 8 keywords extracted from URL; Denbuchanan Fig. 13 – see transcript – cloud generator gives prominence to the retrieved/received words that appear most frequently);
wherein the randomization engine generates a… rendering of the personalized artwork, defined as an initial rendering of the personalized artwork, by randomly arranging a subset of at least one of the correlated art object, the correlated word, and the correlated image so that the correlated art object, the correlated word, and the correlated image remain whole and are not cut off; (Denbuchanan Fig. 1-3 & 13 – text is emphasized based on frequency of occurrence and randomly arranged in selected shape without being cut off)
wherein the randomization engine applies collision detection to position the subset of at least one of the correlated art object, the correlated word, and the correlated image such that each of the correlated art object, the correlated word, and the correlated image remains whole and non-overlapping with the other correlated art objects, correlated words, and correlated images; (Denbuchanan Fig. 3 –generation of hand shape filled with input/retrieved text where the text remains whole and non-overlapping within the image, see rendering – see also, for example, Fig. 14 where words do not overlap and stay within the bounds of the selected image)
wherein the initial rendering is displayed by the consumer client; (Denbuchanan Fig. 1-3 & 13 – text is emphasized based on frequency of occurrence and randomly arranged in selected shape)
wherein the customization engine is operable to allow for the initial rendering to be selectively customizable by allowing at least one of the correlated art object, the correlated word, and the correlated image, to be selectively modified with at least one design element to generate a customized rendering of the personalized artwork; (Denbuchanan Fig. 4, 6, 7, 8, 9 - selection of theme (colors), font, layout, text skip, text orientation)
wherein the customized rendering of the personalized artwork is displayed by the consumer client (Denbuchanan Fig. 1-9 – with fig. 9 presenting final image; Denbuchanan Fig. 10-11 – selectable options for saving/sharing/purchasing product w/ final image);
wherein the randomization engine is configured to generate a … version of the rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one or apparel, canvas, home goods, and kitchenware, including the … version of the rendering (Denbuchanan Fig. 1-9 (all) – with fig. 9 presenting final image; Denbuchanan Fig. 10-11 (Fig. 11 from previously attached NPL document provided for sake of clarity in the rejection of claim 1 above) – selectable options for saving/sharing/purchasing product w/ final image, purchasable products including t-shirts and mugs).
While the Denbuchanan Tagxedo tutorial establishes an online system for creating personalized word clouds, it does not explicitly recite an applied system structure.
Klappert more explicitly discloses a server in communication with the consumer client and comprising a processor, a data store, and a controller that comprises a plurality of subsystems … each of the plurality of subsystems being configured to manipulate data included in the data store (Klappert Fig. 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the structural components for the system of Klappert in the execution of the Tagxedo application identified in Denbuchanan , since the claimed invention is just a combination of old elements, and in the combination each element merely would have performed that same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do to facilitate the execution of a customization tool on a user device via a remote server.
Examiner further notes that, with respect to the claimed randomization engine applies collision detection functions, Klappert also discloses the generation of an image where words are rendered within the outline of the selected shape (stencil) without overlapping or being cutoff (i.e. remains whole) (see [0074]-[0078], [0118] Fig. 6, 14)
Denbuchanan, as shown above, discloses the collection and analysis of keywords. Klappert more explicitly discloses the use of a “guide factor” for determining correlations.
Klappert discloses (see bold portions below):
wherein the data management engine identifies at least one guide factor from the input; wherein the data management engine compares the at least one guide factor to the data included in the data store (Klappert [0069] categorization and weighting of keywords/attributes);
wherein the data management engine identifies at least one of an art object, a word, and an image contained within the data store that correlates to the at least one guide factor to define at least one of a correlated art object, a correlated word, and a correlated image (also Klappert [0069] [0100] which associates categories and frequency with text size/style);
wherein the randomization engine generates an initial rendering of the personalized artwork by randomly arranging a subset of at least one of the correlated art object, the correlated word, and the correlated image; wherein the initial rendering is displayed by the consumer client; (also Klappert [0069] [0100] Fig. 4 which associates categories and frequency with text size/style)
One of ordinary skill in the art would have recognized that applying the guide factor for correlation of Klappert to Denbuchanan would have yielded predictable results and resulted in an improved system that would more aptly represent the context of keywords as they are arranged in word clouds.
The combination of Denbuchanan and Klappert disclose:
wherein the customization engine is operable to allow for the initial rendering to be selectively customizable by allowing at least one of the correlated art object, the correlated word, and the correlated image, to be selectively modified with at least one design element to generate a customized rendering of the personalized artwork; and (Denbuchanan Fig. 4, 6, 7, 8, 9 - selection of theme (colors), font, layout, text skip, text orientation; also Klappert [0069] [0100] Fig. 4 which associates categories and frequency with text size/style)
The combination of Denbuchanan and Klappert disclose a system for creating word art, the generates previews for editing and for purchase, but does not explicitly disclose the differences in resolution stemming from different phases of design development and purchase as claimed.
Mack (US 20020054115) discloses:
… generates a low-resolution rendering… (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0030] Each of the images 104 can be added to the sticker canvas 70 by clicking on the link "add to sticker" above the selected image, as shown in FIG. 10, and bringing the image, in the thumbnail size as shown, into the default position with the upper left-hand corner of its framing rectangle being positioned near the upper left-hand corner of the canvas. Then, with the conventional click-and-drag operation of the user's pointing device 29 on the framing rectangle, the image may be both resized (smaller or larger) and moved to any chosen position on the canvas; Mack [0032] . When the image to be selected, in any appropriate graphic format, is indicated in box 110, the "Upload" button 114 is clicked on to upload the selected image into the server's image directory 40 (FIG. 2) at the size and resolution as found in the user's file. Irespective of such size and resolution, the programming at the server will then produce a second image by resizing the user image to the shape of a thumbnail sketch the same size and resolution as the clip art pictures 104 and place it at the bottom of window 100A, as shown by the illustrated previously uploaded user images 120, 121 and 122 in FIG. 11.; Mack [0034] When the sticker has been completely built in accordance with the user's wishes, the user may push the save button 52 on the screen and a small window 140, as indicated in FIG. 14, appears. By clicking on "Ok" the sticker will be placed in the user's file (FIG. 2) in the server directories 40.. The sticker as presented on the canvas 70 will be saved in the server database in its component parts and in different locations therein. Thus, the graphic images on the sticker will be separately stored in separate Java object files in the directories 40 and 42 (FIG. 2) and the XML code created by the Java servlet will fix the position of each of these objects on the completed canvas as well as recreate the text lines and fix their positions on the canvas in accordance with the framing rectangle pixel positions.; Mack [0035] If a sticker has been previously constructed on the system of the present invention by the user, he may retrieve it for printing or he may wish to make modifications or duplicates of the sticker which can then be modified to create a new sticker. Mack [0036] Upon completion of the editing process, the newly designed sticker can be saved (FIG. 14) and… the user can print out a low resolution version of the sticker on his own printer). … generate a high-resolution version of the rendering for production; and wherein a production device is configured to create a physical good, the physical good… including the high-resolution version of the rendering (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0036] The user can purchase a sticker (or a number thereof) with the stickers being professionally printed in a high resolution format as saved in the server files as previously explained. This latter step will involve a conventional secure payment transaction and a final approval of the finished sticker design by the server. In assembling the high resolution image for final approval, the server will utilize the full size high resolution (e.g., TIFF or EPS) clip art images. The user uploaded images will be converted to the final high resolution format that is chosen by the user. The text and shape components of the sticker can be scaled up to the appropriate size and chosen high resolution using conventional vector scaling programming. The final high resolution image of the sticker will then be finally approved for both content and quality by the server so that the finished sticker image can be sent to the printer for professional printing).
One of ordinary skill in the art would have recognized that applying the known resolution-based presentation and processing of digital designs, as taught by Mack, in the design system, as taught by the combination of Denbuchanan and Klappert, would have resulted in an improved system that would allow for the creation of appropriate resolutions for processing, previewing, viewing and printing (see [0008]).
In addition, it would have been obvious to one of ordinary skill in the art at the time of filing to include a production device with production capabilities, as taught by Mack, in the digital design in the system as taught by the combination of Denbuchanan and Klappert, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., resulting in the production of the design product).
With respect to claim 19, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose:
wherein the customization engine receives a customization input from the consumer client; wherein the customization engine identifies at least one customization factor and the at least one design element from the customization input (Denbuchanan Fig. 4, 6, 7, 8, 9 - selection of theme (colors), font, layout, text skip, text orientation)
and wherein the randomization engine generates the customized rendering of the personalized artwork based on the initial rendering of the personalized artwork, the at least one design element, the at least one guide factor, and the at least one customization factor (Denbuchanan Fig. 1-9 – extraction of keywords from URL source, analysis of keyword frequency, selection of theme (colors), font, layout, text skip, text orientation, with fig. 9 presenting final image; Klappert [0069] [0100] Fig. 4 which associates categories and frequency with text size/style).
With respect to claim 20, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose: wherein the input comprises at least one of a character, word, phrase, or digital media that includes audio, video, or visual imagery (Denbuchanan Fig. 1 – user input of text and/or text source)
With respect to claim 21, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose: wherein the at least one guide factor includes at least one of a shape, color, symbol, price, size, topic, style, format, location, person of interest, and an event (Denbuchanan Fig. 1 – user input of text source; Klappert [0069] [0100] Fig. 4 which associates categories and frequency with text size/style)
With respect to claim 22, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose:
wherein the data management engine further compares the at least one guide factor to the data included in the data store and identifies at least one of a primary art object, a primary word, and a primary image contained within he data store that correlates to the at least one guide factor to define at least one of a correlated primary art object, a correlated primary word, and a correlated primary image (Denbuchanan Fig. 1/8b/13, data extracted from webpage, where high frequency terms are identified and emphasized; Klappert [0075], [0078], [0086], as shown above, disclosing selection of category based om extracted information; Klappert [0078] In another embodiment, stencil 602 is selected automatically from a set of default stencils. …each default stencil may be associated with a content category. The categories associated with the default stencils may then be compared to the categories associated with the user's content attributes to determine a match).
wherein each of the correlated primary art object, the correlated primary word, and the correlated primary image include an outer border (Denbuchanan Fig. 1/8b/13, data extracted from webpage, where high frequency terms are identified and emphasized; Denbuchanan Fig. 8/a/b/c displaying placement of non-overlapping terms; Klappert [0069] [0100] Fig. 4 placement of non-overlapping terms in a word cloud; Klappert [0078] In another embodiment, stencil 602 is selected automatically from a set of default stencils. …each default stencil may be associated with a content category. The categories associated with the default stencils may then be compared to the categories associated with the user's content attributes to determine a match; Klappert Fig. 6 placement of terms within a stencil);
and wherein generating the initial rendering of the personalized artwork includes randomly arranging a subset of the correlated art object, the correlated word, and the correlated image within the outer border of at least one of the correlated primary art object, the correlated primary image, and the correlated primary word (Denbuchanan Fig. 2-3, selection of shape for application to terms; Klappert Fig. 6 [0075] FIG. 6 stencil 602 may be populated to produce tag cloud 606 in the shape of stencil 602; Klappert [0075], [0078], [0086], as shown above, disclosing selection of category based on extracted information; Klappert [0078] stencil 602 is selected automatically from a set of default stencils. …each default stencil may be associated with a content category. The categories associated with the default stencils may then be compared to the categories associated with content attributes to determine a match).
With respect to claim 23, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 22 and further disclose:
wherein the data management engine compares the at least one guide factor to the data include in the data store and identifies at least one of an overall art object, an overall word, and an overall image contained within the data store that correlates to the at least one guide factor to define at least one of a correlated overall art object, a correlated overall word, and a correlated overall image; (Klappert [0078] When more than one category matches, the category with the greatest number of associated content attributes may be used, and the default stencil associated with that category may be selected (i.e., as stencil 602). When more than one attribute matches, the attribute with the greatest weighting may be selected, and the default stencil associated with that attribute may be selected (i.e., as stencil 602). It should be understood that default stencils may be associated with any suitable criterion and chosen on that basis
wherein each of the correlated overall art object, the correlated overall word, and the correlated overall image include an outer border; (Denbuchanan Fig. 8/a/b/c displaying placement of non-overlapping terms; Klappert Fig. 6 [0075] stencil 602 (e.g., the stencil selected by the user) may be populated to produce tag cloud 606 in the shape of stencil 602.)
wherein the randomization engine generates at least a second rendering of the personalized artwork by randomly arranging a subset of the at least one correlated art object, the correlated word, and the correlated image within the outer border of at least one of the correlated primary art object, the correlated primary image, and the correlated primary word; (Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized; Denbuchanan Fig. 8/a/b/c displaying placement of non-overlapping terms; Denbuchanan Fig. 9 – user selection to lock theme, font, orientation; Denbuchanan Fig. 9a-9b – user selection of layout refresh to re-arrange placement of text; Klappert Fig. 6 [0075] stencil 602 may be populated to produce tag cloud 606 in the shape of stencil 602.
and wherein the randomization engine generates a rendering of an overall personalized artwork by randomly arranging the initial rendering of the personalized artwork and the at least a second rendering of the personalized artwork within the outer border of at least one of the correlated overall art object, the correlated overall word, and the correlated overall image (Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized; Denbuchanan Fig. 8/a/b/c displaying placement of non-overlapping terms; Denbuchanan Fig. 9 – user selection to lock theme, font, orientation; Denbuchanan Fig. 9a-9b – user selection of layout refresh to re-arrange placement of text; Klappert Fig. 6 [0075] stencil 602 may be populated to produce tag cloud 606 in the shape of stencil 602; Klappert [0078] When more than one category matches, the category with the greatest number of associated content attributes may be used, and the default stencil associated with that category may be selected (i.e., as stencil 602). When more than one attribute matches, the attribute with the greatest weighting may be selected, and the default stencil associated with that attribute may be selected (i.e., as stencil 602). It should be understood that default stencils may be associated with any suitable criterion and chosen on that basis)
With respect to claim 24, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose:
wherein the data management engine identifies at least one intensity factor from the at least one guide factor; wherein the data management engine is further configured to identify the at least one the art object, the word, and the image that correlates to the at least one guide factor to define the at least one of the correlated art object, the correlated word, and the correlated image based on the at least one intensity factor (Denbuchanan Fig. 1/8b/13, data extracted from webpage, where high frequency terms are identified and emphasized; Klappert [0069] [0100] Fig. 4 which associates categories and frequency with text size/style; Klappert [0075], [0078], [0086], as shown above, disclosing selection of guide factor based on extracted information; Klappert [0078] In another embodiment, stencil 602 is selected automatically from a set of default stencils. …each default stencil may be associated with a media content category. The categories associated with the default stencils may then be compared to the categories associated with the user's content attributes to determine a match. When more than one category matches, the category with the greatest number of associated media content attributes may be used, and the default stencil associated with that category may be selected (i.e., as stencil 602).
With respect to claim 25, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose:
wherein the data management engine is further configured to compare the at least one guide factor to third party data included in at least one third-party server and identify at least one of the art object, the word, and the image contained within the third-party server that correlates to the at least one guide factor to define the at least one of the correlated art object, the correlated word, and the correlated image. (Denbuchanan Fig. 1/8b/13, data extracted from webpage, where high frequency terms are identified and emphasized; Klappert [0052] OPP 113 may include a data processor (e.g., any suitable computer server equipment) operated by an outside provider that can act as a central hub for communications between widget 105 running on user equipment 108 and third party servers 122. OPP 113 may also be implemented as a set of servers located in one or more regional areas, such that OPP 113 represents what has become knows as "the cloud." As will be discussed, third party servers 122 may include media content server 114, stencil server 116, tag cloud processing server 118, and other servers 120. In some embodiments, OPP 113 may store and retrieve information from databases 112. Databases 112 may be any suitable computer server equipment and/or any suitable data storage device.; Klappert [0058] Tag cloud processing server 118 may include any suitable computer server equipment capable of processing stencils and/or user profile information. Processing may include digital image processing, text processing, and/or any other sort of digital content manipulation. The processing features of tag cloud processing server 118 may be implemented in hardware, software, or both. Processing stencils and user profile information may include altering the geometrical properties of the stencil, identifying attributes within the profile information, and arranging text (i.e., the attributes) within the stencil. These and other processing features are discussed below in greater detail, e.g., in connection with FIGS. 14, 15A and 15B.)
With respect to claim 26, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 25 and further disclose:
wherein the data management engine is further configured to store the identified at least one the art object, the word, and the image of the third-party data contained within the third-party server that correlates to the at least one guide factor, in the data store (Denbuchanan Fig. 1-13 data must be stored and correlated to be rendered, displayed, altered, re-selected, etc.; Klappert [0005], [0029], [0046], [0052], [0054], [0056]-[0057] , [0066]-[0067], [0078] disclosing retrieval/receipt and association and storage of content categories, stencils, etc.)
With respect to claim 27, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 18 and further disclose:
wherein the data management engine associates the input received from the consumer client, the at least one guide factor identified from the input, and the at least one correlated art object, the correlated word, and the correlated image to define correlated data; and wherein the data management engine stores the correlated data in the data store. (Denbuchanan Fig. 1-13 data must be stored and correlated to be rendered, displayed, altered, re-selected, etc.; Klappert [0005], [0029], [0046], [0052], [0054], [0056]-[0057] , [0066]-[0067], [0078] disclosing retrieval/receipt and association and storage of content categories, stencils, etc.)
Claim(s) 3, 5 and 9-17 is/are rejected under 35 U.S.C. 103 as being unpatentable Denbuchanan (https://www.youtube.com/watch?v=iWYwz9Kzr4g) in view of Klappert et al. (US 20130007661), in view of Mack et al. (US 2002054115) and further in view of 2doubleu (https://www.youtube.com/watch?v=sJWKByU2jLk)
With respect to claim 3, Denbuchanan in view of Klappert and Mack disclose the limitations of claim claim 1. Denbuchanan discloses at least two inputs (see above), the more granular exhibition of the image input depicted by the tutorial provided by 2doubleu. The combination of Denbuchanan and 2doubleu discloses: wherein at least two of the art object, the word, and the image are selectively arranged to be superimposed on one another. (Denbuchanan Fig. 1-9 – selection of shape and generation of shape filled with input text; Denbuchanan Fig. 3 – selection of add image function, which translates image into selectable outline tile; 2doubleu reference exhibiting the step-by-step process in fig. 1-5 - 2doubleu Fig. 1-2 – upload of image; 2doubleu Fig. 3/5 – converting process; 2doubleu Fig. 4 – randomly arranging text into converted image (i.e. photo)).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the image translation process, as taught by 2doubleu, in the tool exhibited by Denbuchanan a, since the claimed invention is just a combination of old elements, and in the combination each element merely would have performed that same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so because the functions are already presented within the same exhibited tool.
With respect to claim 5, Denbuchanan in view of Klappert and Mack disclose the limitations of claim 1. Denbuchanan discloses at least two inputs (see above), the more granular exhibition of the image input depicted by the tutorial provided by 2doubleu. The combination of Denbuchanan and 2doubleu disclose: wherein the data management engine is configured to convert the image to a photo object; and wherein the randomization engine is further configured to generate the personalized artwork by randomly arranging a subset of at least one of the art object, the word, and the photo object. (Denbuchanan Fig. 1-9 – selection of shape and generation of shape filled with input text; Denbuchanan Fig. 3 – selection of add image function, which translates image into selectable outline tile; 2doubleu reference exhibiting the step-by-step process in fig. 1-5 - 2doubleu Fig. 1-2 – upload of image; 2doubleu Fig. 3/5 – converting process; 2doubleu Fig. 4 – randomly arranging text into converted image (i.e. photo)).
See claim 3 for rationale to combine.
With respect to claim 9, Denbuchanan, in the video tutorial of Tagxedo, discloses:
A computer-implemented system to create an overall personalized artwork rendering (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device), the system comprising:
an art creation server in communication with a consumer client and comprising a processor, a data store, and a controller, the controller comprising a plurality of subsystems including a data management engine, a randomization engine, and a customization engine, each of the plurality of subsystems being configured to manipulate data included in the data store; (Denbuchanan Fig. 1-13, disclosing an online tutorial of Tagxedo on a user device, which includes functionality for retrieving and manipulating data, saving multiple design iterations, random placement and re-placement of text, and stored and applied customization options, all applied in the manipulation of displayed artwork)
wherein the data management engine receives at least one of an overall art object, an overall image, an overall word, a primary art object, a primary image, a primary word, an art object, a word, and an image; Denbuchanan Fig. 1 – user input of text or text source; Denbuchanan Fig. 2/3 – user input/selection of shape/image)
wherein each of the overall art object, the overall image, the overall word, the primary art object, the primary image, and the primary word is defined by an outer border; (Denbuchanan Fig. 2/3 – user input/selection of shape/image with defined outer border)
wherein the randomization engine generates a plurality of primary personalized artwork renderings by randomly arranging a subset of at least one of the art object, the word, and the image to be contained within the outer border of at least one of the primary art object, the primary image, and the primary word so that the art object, the word, and the image remain whole and are not cut off within the outer border; (Denbuchanan Fig. 2 to 3 – selection of hand shape and generation of hand shape filled with input text that are not cut off when placed within the border, see rendering; Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized)
wherein the randomization engine applies collision detection to position the subset of at least one of the art object, the word, and the image such that each of the art object, the word and the image remains whole and non-overlapping with other art objects, words, and images within the outer border of at least one of the primary art object, the primary image and the primary word; (Denbuchanan Fig. 3 –generation of hand shape filled with input/retrieved text where the text remains whole and non-overlapping within the image, see rendering – see also, for example, Fig. 14 where words do not overlap and stay within the bounds of the selected image)
wherein the plurality of primary personalized artwork renderings comprise a plurality of differing primary personalized artwork renderings, each of the plurality of differing primary personalized artwork renderings including a different combination of a subset of at least one of the art object, the word, and the image that is contained within at least one of the primary art object, the primary image, and the primary word; (Denbuchanan Fig. 4, 6, 7, 8 (all), 9 - selection of theme (colors), font, layout, text skip, text orientation; Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized)
wherein the randomization engine generates the overall personalized artwork rendering by randomly arranging a subset of the plurality of differing primary personalized artwork renderings to be contained within the outer border of at least one of the overall art object, the overall image, and the overall word; wherein the randomization engine is configured to generate a … version of the overall personalized artwork rendering; wherein the … version of the overall personalized artwork rendering is displayed by the consumer client (Denbuchanan Fig. 9 - selection of theme (colors), font, layout, text skip, text orientation; Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized)
wherein the customization engine is operable to allow for each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image of the overall personalized artwork rendering to be selectively customizable by allowing each of the plurality of differing primary personalized artwork renderings, the art object, the word, and the image to be selectively modified with at least one design element; and (Denbuchanan Fig. 4, 6, 7, 8 (all), 9 - selection of theme (colors), font, layout, text skip, text orientation; Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized);
wherein the randomization engine is configured to generate a … version of the overall personalized artwork rendering for production; and wherein a production device is configured to create a physical good, the physical good comprising at least one of apparel, canvas, home goods, and kitchenware, including a… version of the overall personalized artwork rendering ((Denbuchanan Fig. 1-9 (all) – with fig. 9 presenting final image; Denbuchanan Fig. 10-11 (Fig. 11 from previously attached NPL document provided for sake of clarity in the rejection of claim 1 above) – selectable options for saving/sharing/purchasing product w/ final image, purchasable products including t-shirts and mugs).
Though very strongly suggested, Denbuchanan does not explicitly recite the system structure for supporting the Tagxedo interface.
Klappert more explicitly discloses a distributed system for generating a word cloud (fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was made to support the Tagxedo system exhibited by Denbuchanan with the system structure of Klappert since the claimed invention is just a combination of old elements, and in the combination each element merely would have performed that same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so to facilitate online interfaces with user devices via a remote server system.
Examiner further notes that, with respect to the claimed randomization engine applies collision detection functions, Klappert also discloses the generation of an image where words are rendered within the outline of the selected shape (stencil) without overlapping or being cutoff (i.e. remains whole) (see [0074]-[0078], [0118] Fig. 6, 14)
Denbuchanan discloses the overall and primary elements, but there is a more granular exhibition of the image input and selectable conversion that is depicted by the tutorial provided by 2doubleu. The combination of Denbuchanan and 2doubleu discloses the original and primary features more clearly (Denbuchanan Fig. 1-9 – selection of shape and generation of shape filled with input text; Denbuchanan Fig. 3 – selection of add image function, which translates image into selectable outline tile; SEE 2doubleu reference in summary below exhibiting the step-by-step process in fig. 1-5).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the image translation process, as taught by 2doubleu, in the tool exhibited by Denbuchanan a, since the claimed invention is just a combination of old elements, and in the combination each element merely would have performed that same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so because the functions are already presented within the same exhibited tool.
The combination of Denbuchanan, Klappert and 2doubleu disclose a system for creating word art, the generates previews for editing and for purchase, but does not explicitly disclose the differences in resolution stemming from different phases of design development and purchase as claimed.
Mack (US 20020054115) discloses:
… configured to generate a low-resolution version…; wherein the low-resolution version … is displayed by the consumer client; (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0030] Each of the images 104 can be added to the sticker canvas 70 by clicking on the link "add to sticker" above the selected image, as shown in FIG. 10, and bringing the image, in the thumbnail size as shown, into the default position with the upper left-hand corner of its framing rectangle being positioned near the upper left-hand corner of the canvas. Then, with the conventional click-and-drag operation of the user's pointing device 29 on the framing rectangle, the image may be both resized (smaller or larger) and moved to any chosen position on the canvas; Mack [0032] . When the image to be selected, in any appropriate graphic format, is indicated in box 110, the "Upload" button 114 is clicked on to upload the selected image into the server's image directory 40 (FIG. 2) at the size and resolution as found in the user's file. Irespective of such size and resolution, the programming at the server will then produce a second image by resizing the user image to the shape of a thumbnail sketch the same size and resolution as the clip art pictures 104 and place it at the bottom of window 100A, as shown by the illustrated previously uploaded user images 120, 121 and 122 in FIG. 11.; Mack [0034] When the sticker has been completely built in accordance with the user's wishes, the user may push the save button 52 on the screen and a small window 140, as indicated in FIG. 14, appears. By clicking on "Ok" the sticker will be placed in the user's file (FIG. 2) in the server directories 40.. The sticker as presented on the canvas 70 will be saved in the server database in its component parts and in different locations therein. Thus, the graphic images on the sticker will be separately stored in separate Java object files in the directories 40 and 42 (FIG. 2) and the XML code created by the Java servlet will fix the position of each of these objects on the completed canvas as well as recreate the text lines and fix their positions on the canvas in accordance with the framing rectangle pixel positions.; Mack [0035] If a sticker has been previously constructed on the system of the present invention by the user, he may retrieve it for printing or he may wish to make modifications or duplicates of the sticker which can then be modified to create a new sticker. Mack [0036] Upon completion of the editing process, the newly designed sticker can be saved (FIG. 14) and… the user can print out a low resolution version of the sticker on his own printer). … generate a high-resolution version …for production; and wherein a production device is configured to create a physical good… including the high-resolution version of the rendering (Mack [0029] These thumbnail pictures 104 are the low resolution (e.g., 72 dpi) files downloaded from the server's directories 42 (FIG. 2) and scaled down to fit in the window spaces 104 as shown, it being recognized that similar high resolution images exist in directories 42 for producing the final sticker image suitable for printing.; Mack [0036] The user can purchase a sticker (or a number thereof) with the stickers being professionally printed in a high resolution format as saved in the server files as previously explained. This latter step will involve a conventional secure payment transaction and a final approval of the finished sticker design by the server. In assembling the high resolution image for final approval, the server will utilize the full size high resolution (e.g., TIFF or EPS) clip art images. The user uploaded images will be converted to the final high resolution format that is chosen by the user. The text and shape components of the sticker can be scaled up to the appropriate size and chosen high resolution using conventional vector scaling programming. The final high resolution image of the sticker will then be finally approved for both content and quality by the server so that the finished sticker image can be sent to the printer for professional printing).
One of ordinary skill in the art would have recognized that applying the known resolution-based presentation and processing of digital designs, as taught by Mack, in the design system, as taught by the combination of Denbuchanan, Klappert and 2doubleu, would have resulted in an improved system that would allow for the creation of appropriate resolutions for processing, previewing, viewing and printing (see [0008]).
In addition, it would have been obvious to one of ordinary skill in the art at the time of filing to include a production device with production capabilities, as taught by Mack, in the digital design in the system as taught by the combination of Denbuchanan, Klappert and 2doubleu, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., resulting in the production of the design product).
With respect to claim 10, see the rejection of claim 2 above.
With respect to claim 11, see the rejection of claim 3 above.
With respect to claim 12, see the rejection of claim 4 above.
With respect to claim 13, Denbuchanan in view of Klappert, Mack and 2doubleeu disclose the limitations of claim 9 and further disclose:
wherein the randomization engine further generates the overall personalized artwork rendering by randomly arranging the subset of the plurality of differing primary personalized artwork renderings within the outer border of at least one of the overall art object, the overall word, and the overall image so that the subset of the plurality of differing primary personalized artwork renderings remain whole and are not cut off within the outer border of at least one of the overall art object, the overall word, and the overall image (Denbuchanan Fig. 5 displaying a plurality of renderings that may be selected and further customized; Denbuchanan Fig. 9 – user selection to lock theme, font, orientation; Denbuchanan Fig. 9a-9b – user selection of layout refresh to re-arrange placement of text within converted image border).
With respect to claim 14, see the rejection of claim 5 above.
With respect to claim 15, see the rejection of claim 6 above.
With respect to claim 16, see the rejection of claim 7 above.
With respect to claim 17, see the rejection of claim 8 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY J FLYNN whose telephone number is (571)272-9855. The examiner can normally be reached Monday - Friday 8:30-5:00.
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/ABBY J FLYNN/ Patent Examiner, Art Unit 3663
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