DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Preliminary Amendment
In response to applicant’s amendment received on 12/22/23, all requested changes to the specification and claims have been entered. Claims 1-14 were previously pending. Claims 15-23 have been added. Claims 10, 13 and 14 have been cancelled. Claims 1-9, 11, 12 and 15-23 are currently pending.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-9 and 15-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the limitations state that “the cropping the first image data to the second image data comprises…determining a target region in the first image data…converting a texture of the target region…”. However, it does not then state that the target region of the first image data is then cropped to the second image data. Therefore it’s unclear if these limitation are performed in addition to “cropping the first image data to the second image data”, if they meant as some sort of replacement for the cropping, or if they are performed before or after cropping. In other words, it’s not clear how these limitations correspond to the cropping process. Therefore the limitations are generally vague and indefinite.
Claims 3 and 4 are rejected by the virtue of their dependency upon rejected claim 2.
Regarding claim 5, the limitation of “before cropping the first image data to the second image data…adjusting the ratio of the second image data” is vague and indefinite. It’s the Examiner’s understanding that “cropping the first image data to the second image data” means that the first image data is cropped thereby creating the second image data. As such, if the second image data does not come into existence until after the first image data is cropped then it is unclear how can the ratio of the second image data be adjusted before cropping?
Claim 6 is rejected by the virtue of it’s dependency upon rejected claim 5.
Regarding claim 7, the limitation of “before the cropping the first image data to the second image data…adjusting the ratio of the second image data” is vague and indefinite. It’s the Examiner’s understanding that “cropping the first image data to the second image data” means that the first image data is cropped thereby creating the second image data. As such, if the second image data does not come into existence until after the first image data is cropped then it is unclear how can the ratio of the second image data be adjusted before cropping? Until otherwise indicated, the Examiner will interpret the limitation of “receive a target ratio…” as occurring before cropping and then the adjusting to be the cropping process.
Claims 8 and 21 recites the limitation "the adjusted ratio of the second image data " in line 3. There is insufficient antecedent basis for this limitation in the claim. Specifically “the adjusted ratio” is not disclosed in parent claim 1 or 11, it is first introduced in claims 7 and/or 18.
Claims 9 and 22 are rejected by the virtue of their dependency upon rejected claims 8 and 21.
Regarding claim 15, the limitations state that “the cropping the first image data to the second image data comprises…determining a target region in the first image data…converting a texture of the target region…”. However, it does not then state that the target region of the first image data is then cropped to the second image data. Therefore it’s unclear if these limitation are performed in addition to “cropping the first image data to the second image data”, if they meant as some sort of replacement for the cropping, or if they are performed before or after cropping. In other words, it’s not clear how these limitations correspond to the cropping process. Therefore the limitations are generally vague and indefinite.
Claims 16 and 17 are rejected by the virtue of their dependency upon rejected claim 15.
Regarding claim 18, the limitation of “before cropping the first image data to the second image data…adjusting the ratio of the second image data” is vague and indefinite. It’s the Examiner’s understanding that “cropping the first image data to the second image data” means that the first image data is cropped thereby creating the second image data. As such, if the second image data does not come into existence until after the first image data is cropped then it is unclear how can the ratio of the second image data be adjusted before cropping?
Claim 19 is rejected by the virtue of its dependency upon rejected claim 18.
Regarding claim 20, the limitation of “before the cropping the first image data to the second image data…adjusting the ratio of the second image data” is vague and indefinite. It’s the Examiner’s understanding that “cropping the first image data to the second image data” means that the first image data is cropped thereby creating the second image data. As such, if the second image data does not come into existence until after the first image data is cropped then it is unclear how can the ratio of the second image data be adjusted before cropping? Until otherwise indicated, the Examiner will interpret the limitation of “receive a target ratio…” as occurring before cropping and then the adjusting to be the cropping process.
Regarding claim 23, the limitations state that “the cropping the first image data to the second image data comprises…determining a target region in the first image data…converting a texture of the target region…”. However, it does not then state that the target region of the first image data is then cropped to the second image data. Therefore it’s unclear if these limitation are performed in addition to “cropping the first image data to the second image data”, if they meant as some sort of replacement for the cropping, or if they are performed before or after cropping. In other words, it’s not clear how these limitations correspond to the cropping process. Therefore the limitations are generally vague and indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 7, 11, 12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 112073765 to Yu et al. (“Yu”) (referring to the translation provided with the IDS filed on 12/22/23).
Regarding claim 1, Yu discloses an image processing method, comprising:
calling an image acquisition device by an application program to obtain first image data (paragraphs 116, 126, 134-139, 153, 190-192, wherein the user instructs/calls a camera to obtain first image data using a preview and display application program);
cropping the first image data to second image data, wherein a ratio of the first image data is different from a ratio of the second image data, the ratio of the first image data is a ratio supported by the image acquisition device, and the ratio of the second image data is a ratio supported by the application program (paragraphs 115, 116, 122-127, 134-139, 154, 167, 192, wherein the first image data, having a first aspect ratio (e.g. 4:3) supported by the camera, is cut or intercepted (i.e. cropped), to obtain second image data having a different aspect ratio (e.g. 16:9) supported by the preview and display application program);
performing effect processing on the second image data (paragraphs 72, 119, 138-141, 155-158, 196 wherein special effects are applied to the cropped/second image data);
performing first processing on the second image data subjected to the effect processing, wherein the first processing comprises at least one of displaying in an interface of the application program, encoding and storing (paragraphs 126-127, 138-139, 156-159, 197 , wherein the second image data, having been subject to special effects processing is displayed, is encoded and stored).
Regarding claim 7, Yu discloses the method according to any of claim 1, wherein before the cropping the first image data to second image data, the method further comprises:
receiving a target ratio input into the application program; adjusting the ratio of the second image data to the target ratio (paragraphs 115, 116, 121-127, 134-139, 154, 167, 192, wherein a user selected target ratio is received and the first image data is adjusted to the target ratio creating the second image data).
Regarding claim 11, Yu discloses an electronic device, comprising:
at least one processor and a memory (paragraphs 205 and 206);
the memory storing computer-executable instructions (paragraph 206);
the at least one processor executing the computer-executable instructions stored in the memory (paragraph 207), to cause the electronic device to implement the method perform operations comprising:
calling an image acquisition device by an application program to obtain first image data (paragraphs 116, 126, 134-139, 153, 190-192, wherein the user instructs/calls a camera to obtain first image data using a preview and display application program);
cropping the first image data to second image data, wherein a ratio of the first image data is different from a ratio of the second image data, the ratio of the first image data is a ratio supported by the image acquisition device, and the ratio of the second image data is a ratio supported by the application program (paragraphs 115, 116, 122-127, 134-139, 154, 167, 192, wherein the first image data, having a first aspect ratio (e.g. 4:3) supported by the camera, is cut or intercepted (i.e. cropped), to obtain second image data having a different aspect ratio (e.g. 16:9) supported by the preview and display application program);
performing effect processing on the second image data (paragraphs 72, 119, 138-141, 155-158, 196 wherein special effects are applied to the cropped/second image data);
performing first processing on the second image data subjected to the effect processing, wherein the first processing comprises at least one of displaying in an interface of the application program, encoding and storing (paragraphs 126-127, 138-139, 156-159, 197 , wherein the second image data, having been subject to special effects processing is displayed, is encoded and stored).
Regarding claim 12, Yu discloses a non-transitory computer-readable storage medium having stored therein computer-executable instructions which, when executed by a processor, cause a computing device to perform operations (paragraphs 205-209) comprising:
calling an image acquisition device by an application program to obtain first image data (paragraphs 116, 126, 134-139, 153, 190-192, wherein the user instructs/calls a camera to obtain first image data using a preview and display application program);
cropping the first image data to second image data, wherein a ratio of the first image data is different from a ratio of the second image data, the ratio of the first image data is a ratio supported by the image acquisition device, and the ratio of the second image data is a ratio supported by the application program (paragraphs 115, 116, 122-127, 134-139, 154, 167, 192, wherein the first image data, having a first aspect ratio (e.g. 4:3) supported by the camera, is cut or intercepted (i.e. cropped), to obtain second image data having a different aspect ratio (e.g. 16:9) supported by the preview and display application program);
performing effect processing on the second image data (paragraphs 72, 119, 138-141, 155-158, 196 wherein special effects are applied to the cropped/second image data);
performing first processing on the second image data subjected to the effect processing, wherein the first processing comprises at least one of displaying in an interface of the application program, encoding and storing (paragraphs 126-127, 138-139, 156-159, 197 , wherein the second image data, having been subject to special effects processing is displayed, is encoded and stored).
Regarding claim 20, Yu disclose the electronic device according to claim 11, wherein before the cropping the first image data to second image data, the operation further comprise:
receiving a target ratio input into the application program; adjusting the ratio of the second image data to the target ratio (paragraphs 115, 116, 121-127, 134-139, 154, 167, 192, wherein a user selected target ratio is received and the first image data is adjusted to the target ratio creating the second image data).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON W CARTER/Primary Examiner, Art Unit 2661