DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6, 8-10, 12, 15-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Adobe (https://www.youtube.com/watch?v=Sp6K3qpVFO0) in view of Adobe2 (https://www.youtube.com/watch?v=VUW8obKb2q0).
Referring to claims 1, 8 and 15, Adobe discloses a method for generating digital image extensions contextually (0:32, base image to result image; 4:59, generative filled image) based on a custom image (3:59, selected image), the method comprising:
automatically determining a region (4:27, expanded area on left and right), corresponding to components of a [multi-surface] custom digital product, that is to be outside of a custom image (4:27, selected image in center) once the custom image is applied to the [multi-surface] custom digital product (5:29, final photo product);
for each region of the regions, corresponding to a component of the components of the [multi-surface] custom digital product:
determining a request (4:45, select Generative Fill) comprising image encoding information of the custom image (4:45, Original Image layer, base image) and information about a customization process (4:45, AI technology process) for customizing the [multi-surface] custom digital product;
determining a contextual input image (1:16, classic car from the 50’ image) that has contextual input image regions (1:19, generative fill area within lasso tool selected area) that is marked by an opacity mask (1:32, classic car in Generative Layer 1 under Layers tab, opacity 100%) and that contributes to generating a customized synthetic image (2:00, base image layer with car layer);
causing an artificial intelligence AI based image generator (0:0, Adobe Photoshop) to generate the customized synthetic image based on the request, the image encoding information of the custom image (2:00, base image), the information about the customization process for customizing the [multi-surface] custom digital product (1:45, AI technology process), and information included in the contextual input image (2:00, Generative Layer 1 classic car);
receiving the customized synthetic image from the artificial intelligence AI based image generator (5:02, Photoshop receives AI generated image with layers of original base image, Generative Layers 1 and 2);
including the customized synthetic image in the region (5:02, generative filled with car, pond and extensions);
causing displaying, on a display device (5:02, computer display), a graphical visualization of the customized synthetic image in the region (5:02, visualization of the AI synthesized image from layers of image using Photoshop).
Adobe2 discloses components (1:10, shapes, models) of multi-surface custom digital product (3:16, applying design on mug).
Adobe and Adobe2 are analogous art because they are from the same field of endeavor in graphic design. At the time of the filing, it would have been obvious to a person of ordinary skill in the art, having the teaching of Adobe and Adobe2 before him or her to modify the AI assisted generative fill of Adobe to include the application of mug design of Adobe2, thereafter the mug design uses computer tools and possibly generative fill to complete its graphic design. The suggestion and/or motivation for doing so would be obtaining the advantage of improved product graphic design as suggested by Adobe2. Therefore, it would have been obvious to combine Adobe with Adobe2 to obtain the invention as specified in the instant application claims.
As to claims 2, 9 and 16, Adobe discloses the method of claim 1, wherein the customized synthetic image is generated by synthesizing contents of a plurality of images (2:04, base image and car image) selected from an image repository (2:04, car selections) based on the request; wherein the information included in the contextual input image includes how to include lighting for the edge of the custom image (2:58, shadow along pool edges) as determined by objective requirements.
As to claim 3, Adobe discloses the method of claim 1, comprising: receiving a second customized synthetic image (2:15, reflection pool filled with blue water) that has been generated by the AI based image generator based on the request (2:16, Generative request); wherein the second customized synthetic image is included in a second region (1:58, lasso tool selected region) of the custom product.
As to claims 4, 10 and 17, Adobe discloses the method of claim 1, comprising: receiving a third customized synthetic image (2:15, reflection pool filled with blue water) that have been generated by the AI based image generator based on the request (2:16, Generative request); wherein the third customized synthetic image is included in a third custom products (2:16, original image based synthesized image product).
As to claims 6, 12 and 19, Adobe discloses the method of claim 1, wherein the customized synthetic image is generated contemporaneously with updating a display (5:02, visualization of the AI synthesized image from layers of image using Photoshop) of the custom digital product on the display device.
Allowable Subject Matter
Claims 5, 7, 11, 13-14, 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The claim feature of “images that are tagged with phrases in repository, phrase comprises information extracted from a user profile of a user who customized the custom digital product, the phrase comprises information extracted from a repository of events associated with the custom digital product …” as require in dependent claims 5, 11 and 18.
Conclusion
Applicant’s amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, this action is made final. See MPEP §706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire in THREE MONTHS from the mailing date of this action. In the event a first reply is filled within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date of the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136 (a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than six months from the date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner Cheng-Yuan Tseng whose telephone number is (571)272-9772, and fax number is (571)273-9772. The examiner can normally be reached on Monday through Friday from 09:00 to 17:30 Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached on (571)272-2330. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800)786-9199 (IN USA OR CANADA) or (571)272-1000.
/CHENG YUAN TSENG/Primary Examiner, Art Unit 2615