Prosecution Insights
Last updated: October 01, 2026
Application No. 18/653,651

USER INTERFACES FOR MANAGING MEDIA

Non-Final OA §103§112§DOUBLEPATENT
Filed
May 02, 2024
Priority
Jun 01, 2020 — provisional 63/032,871 +4 more
Examiner
CHEN, KUANG FU
Art Unit
2143
Tech Center
2100 — Computer Architecture & Software
Assignee
Apple Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
216 granted / 271 resolved
+24.7% vs TC avg
Strong +69% interview lift
Without
With
+69.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
298
Total Applications
across all art units

Statute-Specific Performance

§101
16.4%
-23.6% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 271 resolved cases

Office Action

§103 §112 §DOUBLEPATENT
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to the claims filed 5/2/2024. Claims 1-15 are presented for examination. Priority Acknowledgement is made of Applicant’s claimed benefit of prior filed provisional application number 63/032,871 filed 6/1/2020. Acknowledgement is made of Applicant’s claimed benefit of prior filed U.S. patent application number 17/027,484, now U.S. Patent 11,054,973 filed 9/21/2020. Acknowledgement is made of Applicant’s claimed benefit of prior filed U.S. patent application number 17/354,376, now U.S. Patent 11,330,184 filed 6/22/2021. Acknowledgement is made of Applicant’s claimed benefit of prior filed U.S. patent application number 17/740,032, now U.S. Patent 11,617,022 filed 5/9/2022. Acknowledgement is made of Applicant’s claimed benefit of prior filed U.S. patent application number 18/114,880, now U.S. Patent 12,081,862 filed 2/27/2023. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: User Interfaces for Indicating Display of High-Dynamic-Range Media The disclosure is objected to because of the following informalities: • Paragraph [0001] needs to be updated to reflect that the current status of parent U.S. Patent Application No. 18/114,880 is now U.S. Patent No. 12,081,862. • Paragraph [0003] recites Users of smartphones and other personal electronic devices are frequently capture, store, and edit media, which is grammatically incorrect. • Paragraph [0236] recites Thus, enlarged media representation 812b is representative of a non-HDR media item, although reference character 812b designates a thumbnail media representation and the enlarged media representation displayed in FIG. 8C is designated 824b. • Paragraph [0238] recites Thus, enlarged media representation 812c is representative of an HDR media item and enlarged media representation 824b of FIG. 8D includes visually displayed HDR content, although reference character 812c designates a thumbnail media representation and the enlarged media representation displayed in FIG. 8D is designated 824c. • Paragraph [0251], which describes FIG. 8L, recites which is indicated by the HDR label in FIG. 8D and As illustrated in FIG. 8K, device 600 continues to display the application control regions with the same visual appearance as the application control regions were displayed in FIG. 8K, so that the figure references appear to be incorrect. The same paragraph recites enlarged media representation 812c, recites the application regions where the phrase the application control regions is used elsewhere, and contains the apparent misspelling overly for overlay. • Paragraph [0286] recites At FIG.10L, omitting the space after the abbreviation. • Paragraph [0291], as amended by the preliminary amendment filed December 11, 2024, recites At FIG 10Q, omitting the period after the abbreviation. • Paragraph [0293] recites At FIG. 10S, device 600 detects tap gesture 1050t on stop affordance 1016, although tap gesture 1050t and stop affordance 1016 are shown in FIG. 10T of the replacement sheets filed December 11, 2024. • Paragraphs [0316] and [0322] recite Blue-tooth, whereas the same term is written Bluetooth at paragraphs [0058], [0141], [0149], and [0279]. Appropriate correction is required. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claims 1, 4, 6, and 13-15 are objected to because of the following informalities: • Claims 1, 14, and 15 each recite the first previously captured media item , receiving a request. The space preceding the comma should be deleted. • Claim 4 recites displaying graphical element with a sixth amount of the visual characteristic. It appears that displaying the graphical element is intended. • Claim 6 recites in response receiving, omitting the preposition. It appears that in response to receiving is intended. Claim 6 further recites updating graphical element to have a third visual appearance. It appears that updating the graphical element is intended. • Claim 13 recites a request to display the representation of a fourth previously captured media item. The definite article before representation is inconsistent with the indefinite article used in the corresponding recitation of claims 1, 14, and 15, and it leaves that recitation without an antecedent at that point in the claim. It appears that a representation of a fourth previously captured media item is intended. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-15 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 claims 1, 14 and 15, each claim recites "in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the second previously captured media item is a high-dynamic-range (HDR) media item". This limitation is indefinite as ambiguous claim language under MPEP Section 2173.05(e) and MPEP Section 2173.02. The claim recites a previously captured media item and a representation of that media item as distinct elements, first by reciting "a representation of a first previously captured media item" and then by requiring the graphical element to be different from that representation. The quoted limitation nevertheless states that the representation is itself a media item, and it keys the criterion to the representation rather than to the media item. It cannot be determined whether the criterion is met when the underlying second previously captured media item is a media item that includes high-dynamic-range content, or instead when the representation as displayed is itself rendered with high-dynamic-range content. The two readings are not coextensive, and the claims themselves show that they diverge. Claim 7 recites "wherein the second previously captured media item is an HDR media item" and, separately, that "the representation of the second previously captured media item is displayed with HDR", treating the media item and its representation as carrying high-dynamic-range content independently of one another. Claim 11 recites "a second representation of the second previously captured media item without HDR content", that is, a representation, displayed without high-dynamic-range content, of a media item that the same claim requires to be an HDR media item. The specification is to the same effect at paragraph [0229], which describes a thumbnail media representation as representing a media item that includes HDR content, and at paragraph [0266], which states that thumbnails of media items are displayed using the standard dynamic range brightness regardless of whether the media items are intended to be displayed with a brightness level above that range. Because this criterion governs whether the responsive displaying and updating steps are performed at all, a person of ordinary skill in the art is not informed with reasonable certainty of the scope of the claimed subject matter. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014); In re Packard, 751 F.3d 1307, 1314 (Fed. Cir. 2014). For purposes of examination the limitation is interpreted to mean that the criterion is met when the second previously captured media item, that is, the previously captured media item that the displayed representation represents, is a media item that includes high-dynamic-range content, without regard to whether the representation as displayed carries high-dynamic-range content. See specification paragraphs [0229], [0262] and [0266]. Claims 2-13 depend from claim 1; they incorporate and do not cure the defect set out above for claim 1, and are rejected for the same reason. Regarding claim 4, the claim recites two determinations governing the amount of a visual characteristic with which the graphical element is displayed, namely "in accordance with a determination that the representation of the first previously captured media item was displayed for at least a first amount of time before being replaced with the representation of the second previously captured media item" and "in accordance with a determination that the representation of the first previously captured media item has been replaced with the representation of the second previously captured media item in a second amount of time that is different from the first amount of time". These limitations are indefinite for failure to point out and distinctly claim the subject matter under MPEP Section 2173.05 and as ambiguous claim language under MPEP Section 2173.05(e). First, the two determinations do not measure the same quantity. The first measures how long the representation of the first previously captured media item remained displayed before it was replaced. The second measures the amount of time in which the replacement was carried out. Second, the two determinations are neither mutually exclusive nor complementary. The first is satisfied whenever the elapsed display time equals or exceeds the first amount of time, and the second is satisfied whenever the replacement occupied any second amount of time other than the first amount of time. Where a second amount of time longer than the first amount of time is involved, both determinations are satisfied at the same time, and the claim then requires the graphical element to be displayed at once with a fifth amount of a visual characteristic and with a sixth amount of that same visual characteristic which the claim expressly requires to be different from the fifth amount. Claim 4 states no rule for resolving that conflict and no order of precedence between the two determinations. Claims 2, 3 and 5, by contrast, each pair a determination with its complement or with a mutually exclusive alternative. The specification does not resolve the conflict either; paragraph [0259] recites the same two determinations and then explains only that the updating is based on the duration of transitioning between previously displayed representations. A person of ordinary skill in the art is therefore not informed with reasonable certainty of what claim 4 requires. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014). For purposes of examination the two determinations are read as alternative expressions of a single determination made on the amount of time elapsing between display of the representation of the first previously captured media item and its replacement by the representation of the second previously captured media item, so that a first such amount of time yields a fifth amount of the visual characteristic and a different, second such amount of time yields a sixth and different amount of that visual characteristic. See specification paragraph [0259]. Regarding claims 6 and 13, claim 6 recites "wherein the first set of criteria includes a criterion that is met when the representation of the third previously captured media item is an HDR media item" and claim 13 recites "wherein the first set of criteria includes a criterion that is met when the representation of the fourth previously captured media item is an HDR media item". These limitations are indefinite as ambiguous claim language under MPEP Section 2173.05(e) and for failure to point out and distinctly claim the subject matter under MPEP Section 2173.05. Claim 1, from which claims 6 and 13 each depend, already defines the first set of criteria as including a criterion keyed to the second previously captured media item. Each of claims 6 and 13 then recites that same first set of criteria as including a further criterion keyed to a different media item. It cannot be determined which of two readings is intended. On one reading the dependent claim adds a member to the set defined in claim 1, so that the determination claim 1 makes in response to the request for the second previously captured media item is satisfied only if a criterion directed to a third or a fourth previously captured media item is also satisfied, although at that point in the claim no request to display a representation of that media item has been received. On the other reading the dependent claim states the content of the first set of criteria anew for its own determination, so that one recited set has different membership at different points in a single claim. Neither reading is dictated by the claim language, and the two differ materially in what must be true for the claim 1 determination to be satisfied. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014); In re Packard, 751 F.3d 1307, 1314 (Fed. Cir. 2014). Each of claims 6 and 13 also carries the defect set out above for claim 1, because each keys its criterion to a representation rather than to the media item that the representation represents. For purposes of examination the first set of criteria is interpreted, in each recitation, as the set of criteria evaluated for the request to which that recitation responds, its criterion being met when the previously captured media item then requested is a media item that includes high-dynamic-range content. See specification paragraphs [0261] and [0268]. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-15 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-15 of Patent No. US 11,330,184 B2 (hereinafter Patent ‘184). In the table below, the left side contain the respective claims in the instant application (interpreted per the Claim Objections and USC 112(b) rejections set forth above) while the right side contains portions of compared respective claims of Patent ‘184, bold claim elements emphasize the shared features: Instant Claim 1 ↔ U.S. Pat. No. 11,330,184 Claim 1 Instant Application Claims U.S. Pat. No. 11,330,184 Claims A computer system configured to communicate with a display generation component and one or more input devices, the computer system comprising: one or more processors; A computer system, comprising: one or more processors, wherein the computer system is configured to communicate with a display generation component and one or more input devices; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: displaying, via the display generation component: displaying, via the display generation component, a media viewer user interface that includes: a media viewer user interface that includes a representation of a first previously captured media item; a first portion that includes a representation of a first previously captured media item; and a graphical element that has a first visual appearance, wherein the graphical element is different from the representation of the first previously captured media item; and a second portion that has a first visual appearance and that is different from the first portion of the media viewer user interface; while displaying the graphical element that has the first visual appearance and the media viewer user interface that includes the representation of the first previously captured media item[[ ,]], receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; while displaying, via the display generation component, the media viewer user interface that includes the second portion of the media viewer user interface that has the first visual appearance, receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; and in response to receiving the request to display the representation of the second previously captured media item: and in response to receiving the request to display the representation of the second previously captured media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when [[the representation of ]]the second previously captured media item is a high-dynamic-range (HDR) media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the second previously captured media item is a high-dynamic-range (HDR) media item: displaying the representation of the second previously captured media item; displaying the representation of the second previously captured media item; and updating the graphical element to have a second visual appearance that is different from the first visual appearance. and updating the second portion of the media viewer user interface to have a second visual appearance that is different from the first visual appearance. Instant Claim 2 ↔ U.S. Pat. No. 11,330,184 Claim 2 The computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes: The computer system of claim 1, wherein updating the second portion of the media viewer user interface to have the second visual appearance that is different from the first visual appearance includes: in accordance with a determination that a portion of the second previously captured media item has a first level of brightness, displaying the graphical element with a first amount of a visual characteristic; in accordance with a determination that a portion of the media item has a first level of brightness, displaying the second portion of the media viewer user interface with a first amount of a visual characteristic; and in accordance with a determination that the portion of the second previously captured media item has a second level of brightness that is different from the first level of brightness, displaying the graphical element with a second amount of the visual characteristic that is different from the first amount of the visual characteristic. and in accordance with a determination that the portion of the media item has a second level of brightness that is different from the first level of brightness, displaying the second portion of the media viewer user interface with a second amount of the visual characteristic that is different from the first amount of the visual characteristic. Instant Claim 3 ↔ U.S. Pat. No. 11,330,184 Claim 3 The computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes: The computer system of claim 1, wherein updating the second portion of the media viewer user interface to have the second visual appearance that is different from the first visual appearance includes: in accordance with a determination that the second previously captured media item has been displayed for a first amount of time, displaying the graphical element with a third amount of a visual characteristic; in accordance with a determination that the media item has been displayed for a first amount of time, displaying the second portion of the media viewer user interface with a third amount of a visual characteristic; and in accordance with a determination that the second previously captured media item has been displayed for a second amount of time that is different from the first amount of time, displaying the graphical element with a fourth amount of the visual characteristic that is different from the third amount of the visual characteristic. and in accordance with a determination that the media item has been displayed for a second amount of time that is different from the first amount of time, displaying the second portion of the media viewer user interface with a fourth amount of the visual characteristic that is different from the third amount of the visual characteristic. Instant Claim 4 ↔ U.S. Pat. No. 11,330,184 Claim 4 The computer system of claim 1, wherein: The computer system of claim 1, wherein: displaying the representation of the second previously captured media item includes replacing the representation of the first previously captured media item with the representation of the second previously captured media item; displaying the representation of the second previously captured media item includes replacing the representation of the first previously captured media item with the representation of the second previously captured media item; and updating the graphical element to have the second visual appearance that is different from the first visual appearance includes: and updating the second portion of the media viewer user interface to have the second visual appearance that is different from the first visual appearance includes: in accordance with a determination that the representation of the first previously captured media item was displayed for[[ at least]] a first amount of time before being replaced with the representation of the second previously captured media item, displaying the graphical element with a fifth amount of a visual characteristic; in accordance with a determination that the representation of the first previously captured media item was displayed for at least a first amount of time before being replaced with the representation of the second previously captured media item, displaying the second portion of the media viewer user interface with a fifth amount of a visual characteristic; and in accordance with a determination that the representation of the first previously captured media item [[has been replaced with]]was displayed for a second amount of time that is different from the first amount of time before being replaced with the representation of the second previously captured media item[[ in a second amount of time that is different from the first amount of time]], displaying the graphical element with a sixth amount of the visual characteristic that is different from the fifth amount of the visual characteristic. and in accordance with a determination that the representation of the first previously captured media item has been replaced with the representation of the second previously captured media item in a second amount of time that is different from the first amount of time, displaying the second portion of the media viewer user interface with a sixth amount of the visual characteristic that is different from the fifth amount of the visual characteristic. Instant Claim 5 ↔ U.S. Pat. No. 11,330,184 Claim 5 The computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes: The computer system of claim 1, wherein updating the second portion of the media viewer user interface to have the second visual appearance that is different from the first visual appearance includes: in accordance with a determination that an average rate of requests to display previously captured media items is below a first threshold, displaying the graphical element with a seventh amount of a visual characteristic; in accordance with a determination that an average rate of requests to display previously captured media items is below a first threshold, displaying the second portion of the media viewer user interface with a seventh amount of a visual characteristic; and in accordance with a determination that the average rate of requests to display previously captured media items is not below the first threshold, displaying the graphical element with an eighth amount of the visual characteristic that is different from the seventh amount of the visual characteristic. and in accordance with a determination that the average rate of requests to display previously captured media items is not below the first threshold, displaying the second portion of the media viewer user interface with an eighth amount of the visual characteristic that is different from the seventh amount of the visual characteristic. Instant Claim 6 ↔ U.S. Pat. No. 11,330,184 Claim 6 The computer system of claim 1, the one or more programs further including instructions for: The computer system of claim 1, the one or more programs further including instructions for: while displaying, via the display generation component, the graphical element that has the first visual appearance, receiving a request to display a representation of a third previously captured media item that is different from the first previously captured media item and the second previously captured media item; while displaying, via the display generation component, the media viewer user interface that includes the second portion of the media viewer user interface that has the first visual appearance, receiving a request to display a representation of a third previously captured media item that is different from the first previously captured media item and the second previously captured media item; and in response to receiving the request to display the representation of the third previously captured media item and in accordance with a determination that [[the first]]a second set of criteria is met, wherein [[the first]]the second set of criteria includes a criterion that is met when [[the representation of ]]the third previously captured media item is an HDR media item: and in response receiving the request to display the representation of the third previously captured media item and in accordance with a determination that the first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the third previously captured media item is an displaying the representation of the third previously captured media item; displaying the representation of the third previously captured media item; and updating the graphical element to have a third visual appearance that is different from the first visual appearance and the second visual appearance. and updating the second portion of the media viewer user interface to have a third visual appearance that is different from the first visual appearance and the second visual appearance. Instant Claim 7 ↔ U.S. Pat. No. 11,330,184 Claim 7 The computer system of claim 1, wherein the second previously captured media item is an HDR media item, and wherein the representation of the second previously captured media item is displayed with HDR. The computer system of claim 1, wherein the second previously captured media item is an Instant Claim 8 ↔ U.S. Pat. No. 11,330,184 Claim 8 The computer system of claim 1, wherein the first set of criteria includes a criterion that is met when the graphical element is a first color. The computer system of claim 1, wherein the first set of criteria includes a criterion that is met when the second portion is a first color. Instant Claim 9 ↔ U.S. Pat. No. 11,330,184 Claim 9 The computer system of claim 1, wherein updating the graphical element to have the second visual appearance includes displaying an animation that gradually transitions the graphical element from having the first visual appearance to the second visual appearance. The computer system of claim 1, wherein updating the second portion of the media viewer user interface to have the second visual appearance includes displaying an animation that gradually transitions the second portion of the media viewer user interface from having the first visual appearance to the second visual appearance. Instant Claim 10 ↔ U.S. Pat. No. 11,330,184 Claim 10 The computer system of claim 1, wherein the representation of the second previously captured media item includes content with an amount of brightness, and wherein the representation of the second previously captured media item is displayed with: The computer system of claim 1, wherein the representation of the second previously captured media item includes content with an amount of brightness, and wherein the representation of the second previously captured media item is displayed with: in accordance with a determination that the amount of brightness exceeds a brightness threshold, a modified amount of brightness; in accordance with a determination that the amount of brightness exceeds a brightness threshold, a modified amount of brightness; and in accordance with a determination that the amount of brightness does not exceed the brightness threshold, the amount of brightness. and in accordance with a determination that the amount of brightness does not exceed the brightness threshold, the amount of brightness. Instant Claim 11 ↔ U.S. Pat. No. 11,330,184 Claim 11 The computer system of claim 1, wherein: The computer system of claim 1, wherein: the first previously captured media item is not an HDR media item; the first previously captured media item is not an the second previously captured media item is an the one or more programs further include instructions for: the second previously captured media item is an HDR media item; and the one or more programs further include instructions for: before displaying, via the display generation component, the media viewer user interface that includes the representation of the first previously captured media item, displaying, via the display generation component, a user interface that includes a plurality of representations of media items, wherein: before displaying, via the display generation component, the media viewer user interface that includes the first portion and the second portion, displaying, via the display generation component, a user interface that includes a plurality of representations of media items, wherein: the plurality of representations of media items includes display of a second representation of the first previously captured media item without HDR content and a second representation of the second previously captured media item without HDR content. the plurality of representations of media items includes display of a second representation of the first previously captured media item without Instant Claim 12 ↔ U.S. Pat. No. 11,330,184 Claim 12 The computer system of claim 1, the one or more programs further including instructions for: The computer system of claim 1, the [[he] one or more programs further including instructions for: in response to receiving the request to display the representation of the second previously captured media item: in response to receiving the request to display the representation of the second previously captured media item: in accordance with a determination that the first set of criteria is not met, forgoing updating of the graphical element to have the second visual appearance that is different from the first visual appearance. in accordance with a determination that the first set of criteria is not met, forgoing updating of the second portion of the media viewer user interface to have the second visual appearance that is different from the first visual appearance. Currently amended Instant Claim 13 ↔ U.S. Pat. No. 11,330,184 Claim 13 The computer system of claim 1, the one or more programs further including instructions for: The computer system of claim 1, the one or more programs further including instructions for: while displaying the representation of the second previously captured media item and the graphical element with the second visual appearance, receiving a request to display [[the]]a representation of a fourth previously captured media item; while displaying the representation of the second previously captured media item and the second portion has the second visual appearance, receiving a request to display the representation of a fourth previously captured media item; and in response to receiving the request to display the representation of the fourth previously captured media item: and in response to receiving the request to display the representation of the fourth previously captured media item: in accordance with a determination that [[the first]]a second set of criteria is met, wherein [[the first]]the second set of criteria includes a criterion that is met when [[the representation of ]]the fourth previously captured media item is an HDR media item: in accordance with a determination that the first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the fourth previously captured media item is an displaying the representation of the fourth previously captured media item without updating the visual appearance of the second portion; displaying the representation of the fourth previously captured media item without updating the visual appearance of the graphical element; and in accordance with a determination that [[the first]]the second set of criteria is not met: and in accordance with a determination that the first set of criteria is not met: displaying the representation of the fourth previously captured media item; displaying the representation of the fourth previously captured media item; and updating the graphical element to have a predefined visual appearance that is different from the second visual appearance. and updating the second portion of the media viewer user interface to have a predefined visual appearance that is different from the second visual appearance.Currently amended Instant Claim 14 ↔ U.S. Pat. No. 11,330,184 Claim 14 A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a computer system that is in communication with a display generation component and one or more input devices, the one or more programs including instructions for: A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a computer system that is in communication with a display generation component and one or more input devices, the one or more programs including instructions for: displaying, via the display generation component: displaying, via the display generation component, a media viewer user interface that includes: a media viewer user interface that includes a representation of a first previously captured media item; a first portion that includes a representation of a first previously captured media item; and a graphical element that has a first visual appearance, wherein the graphical element is different from the representation of the first previously captured media item; and a second portion that has a first visual appearance and that is different from the first portion of the media viewer user interface; while displaying the graphical element that has the first visual appearance and the media viewer user interface that includes the representation of the first previously captured media item[[ ,]], receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; while displaying, via the display generation component, the media viewer user interface that includes the second portion of the media viewer user interface that has the first visual appearance, receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; and in response to receiving the request to display the representation of the second previously captured media item: and in response to receiving the request to display the representation of the second previously captured media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when [[the representation of ]]the second previously captured media item is a high-dynamic-range (HDR) media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the second previously captured media item is a high-dynamic-range (HDR) media item: displaying the representation of the second previously captured media item; displaying the representation of the second previously captured media item; and updating the graphical element to have a second visual appearance that is different from the first visual appearance. and updating the second portion of the media viewer user interface to have a second visual appearance that is different from the first visual appearance. Instant Claim 15 ↔ U.S. Pat. No. 11,330,184 Claim 15 A method, comprising: A method, comprising: at a computer system that is in communication with a display generation component and one or more input devices: at a computer system that is in communication with a display generation component and one or more input devices: displaying, via the display generation component: displaying, via the display generation component, a media viewer user interface that includes: a media viewer user interface that includes a representation of a first previously captured media item; a first portion that includes a representation of a first previously captured media item; and a graphical element that has a first visual appearance, wherein the graphical element is different from the representation of the first previously captured media item; and a second portion that has a first visual appearance and that is different from the first portion of the media viewer user interface; while displaying the graphical element that has the first visual appearance and the media viewer user interface that includes the representation of the first previously captured media item[[ ,]], receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; while displaying, via the display generation component, the media viewer user interface that includes the second portion of the media viewer user interface that has the first visual appearance, receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item; and in response to receiving the request to display the representation of the second previously captured media item: and in response to receiving the request to display the representation of the second previously captured media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when [[the representation of ]]the second previously captured media item is a high-dynamic-range (HDR) media item: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the representation of the second previously captured media item is a high-dynamic-range (HDR) media item: displaying the representation of the second previously captured media item; displaying the representation of the second previously captured media item; and updating the graphical element to have a second visual appearance that is different from the first visual appearance. and updating the second portion of the media viewer user interface to have a second visual appearance that is different from the first visual appearance. The two claim sets correspond one-to-one and in the same order: instant claims 1, 14 and 15 are independent, as are patented claims 1, 14 and 15; instant claims 2-13 each depend from claim 1, as do patented claims 2-13; and each instant claim recites the subject matter of the correspondingly numbered patented claim. The instant claims differ only in that the recitation of a second portion of the media viewer user interface in the patented claims is replaced throughout by a graphical element, which omits the patented requirement that the element be a portion of the media viewer user interface. Instant claim 1 is therefore a genus that reads on the species of patented claim 1, and a genus claim is anticipated by, and not patentably distinct from, a claim to a species within it. Practicing the invention of patented claim 1 would necessarily fall within the scope of instant claim 1. Thus, although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-15 of the instant application are broadened versions of claims 1-15 of U.S. Patent No. 11,330,184. 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 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. Claims 1-2, 6-8, 10, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. (hereinafter Chun), US 2015/0189161 A1, in view of Zhou et al. (hereinafter Zhou), US 2020/0193572 A1. Regarding independent claim 1, Chun teaches a computer system configured to communicate with a display generation component and one or more input devices, the computer system comprising: one or more processors (Chun: [0029] and [0037]-[0038], "The controller 140 may control the display unit 120 using the control input received from the sensor unit 130"; the controller is the processor, and it communicates with the display unit and with the sensor unit that transmits the detected user's control input to it); and memory storing one or more programs configured to be executed by the one or more processors (Chun: [0030], "the storage unit 110 may store a program for controlling the controller 140"; the storage unit is the memory and its stored program runs on the controller), the one or more programs including instructions for (Chun: [0137], "the mobile device 100 and the control method thereof according to the disclosure may be implemented as code that can be written on a processor-readable recording medium and thus read by a processor"; the code implementing the control method is the recited instructions): displaying, via the display generation component: a media viewer user interface that includes a representation of a first previously captured media item (Chun: [0030] and [0049]-[0051], "The window mode is a mode to select and display at least one of the thumbnail images 310 as a window image 320"; the window mode is the media viewer user interface, and the window image 320, the enlarged display of a captured and stored image selected from the thumbnail images, is the representation of a first previously captured media item); and a graphical element that has a first visual appearance, wherein the graphical element is different from the representation of the first previously captured media item (Chun: [0102]-[0103], "In addition, if the controller 140 displays an image, the controller 140 may further display a source indicator 1030 for the image"; the source indicator is a separate element displayed with the window image at a position, size, and shape the controller sets, here at the upper end in a circular form, which is its first visual appearance); while displaying the graphical element that has the first visual appearance and the media viewer user interface that includes the representation of the first previously captured media item, receiving a request to display a representation of a second previously captured media item that is different from the first previously captured media item (Chun: [0054], “The controller 140 may display the images in the above window mode. At this time, the sensor unit 130 may detect a control input for a gesture of a user 410“ and [0102]-[0104], "the sensor unit 130 may detect a control input for a gesture of a user 410 and transmit the detected control input"; the gesture is detected while an image is displayed in the window mode, and Chun further displays the source indicator whenever it displays an image, so the next image request arrives while both the window image and its indicator are on screen); displaying the representation of the second previously captured media item (Chun: [0054]-[0055], "At this time, the controller 140 may switch from the current image to the next image and then display the switched image"; the selected different captured image is displayed in Chun's viewer). Chun does not expressly teach in response to receiving the request: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when [[the representation of ]]the second previously captured media item (interpreted per the 35 U.S.C. 112(b) rejection set forth above) is a high-dynamic-range (HDR) media item: updating the graphical element to have a second visual appearance that is different from the first visual appearance. However, Zhou teaches in response to receiving the request (Zhou: [0028] and [0030], "After the method 500, the SDR overlay and HDR underlying content are composited to form a final image, which is then displayed on the display 118"; the compositor performs its method for an image that is to be displayed and the composited final image is then displayed, so the determination and the adjustment that follow are made when an image is called up for display): in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the second previously captured media item is a high-dynamic-range (HDR) media item (Zhou: [0021] and [0028], "The method 500 begins at step 502, where the compositor determines that an image to be displayed on the display device 118 includes HDR underlying content and an SDR overlay"; the underlying content of the image to be displayed is the media item, HDR content being content mapped to the greater HDR dynamic range, and the finding at step 502 that the underlying content is HDR while an SDR overlay is present is the criterion that is met): updating the graphical element to have a second visual appearance that is different from the first visual appearance (Zhou: [0027] and [0030], "At step 506, the compositor determines one or more adjustments to apply to either or both of the SDR overlay and the HDR underlying content. At step 508, the compositor applies the one or more adjustments to either or both of the overlay and the underlying content"; the SDR overlay is the graphics layer displayed over the underlying content, its unadjusted appearance is its first visual appearance, and the adjustment the compositor determines and applies to it at steps 506 and 508 gives the overlay, when blended, a different appearance than if no adjustment were made, which is its second visual appearance). Because Chun and Zhou are analogous art with both addressing processor driven display of media together with graphical interface content, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Zhou's compositor to Chun's computer system source indicator 1030, with a reasonable expectation of success, treating the indicator as the SDR overlay and the window image as the underlying content, because Zhou explains that an SDR overlay composited over HDR underlying content is overpowered by the brighter HDR content unless its pixels are adjusted, and Chun expressly displays the indicator over whatever image is in the window mode, so an HDR image displayed there presents exactly the overlay visibility problem Zhou solves to teach in response to receiving the request: in accordance with a determination that a first set of criteria is met, wherein the first set of criteria includes a criterion that is met when the second previously captured media item is a high-dynamic-range (HDR) media item: displaying the representation of the second previously captured media item; and updating the graphical element to have a second visual appearance that is different from the first visual appearance. This modification would have been motivated by the desire to provide improvements related to HDR displays and improving visibility in blended layers (Zhou: [0001], [0008]). Regarding dependent claim 2, Chun, in view of Zhou, teach the computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes: in accordance with a determination that a portion of the second previously captured media item has a first level of brightness, displaying the graphical element with a first amount of a visual characteristic (Zhou: [0035], "In general, content adaptive adjustments make one or more modifications to luminance values of pixels of either or both of the HDR underlying content and the SDR overlay, where the degree to which the luminance is adjusted is based on an analysis of characteristic values of pixels of either or both of the HDR underlying content and the SDR overlay"; the SDR overlay's luminance is the visual characteristic of the graphical element, and a first luminance level in the portion of the HDR underlying content beneath it sets a first degree of adjustment, the first amount); and in accordance with a determination that the portion of the second previously captured media item has a second level of brightness that is different from the first level of brightness, displaying the graphical element with a second amount of the visual characteristic that is different from the first amount of the visual characteristic (Zhou: [0044], "In an example, the adjustments are stronger if the histogram indicates that the underlying HDR content is brighter and are weaker if the histogram indicates that the underlying HDR content is dimmer"; a different brightness of that underlying content selects a stronger or weaker adjustment of the overlay, a second amount different from the first). Regarding dependent claim 6, Chun, in view of Zhou, teach the computer system of claim 1, the one or more programs further including instructions for: while displaying, via the display generation component, the graphical element that has the first visual appearance, receiving a request to display a representation of a third previously captured media item that is different from the first previously captured media item and the second previously captured media item (Chun: [0055] and [0102]-[0104], "As an example, the controller 140 may switch among and display the first image 220, the second image 230, and the third image 240 captured from the same first source 210"; successive next-image gestures in the window mode switch to the third image 240, which differs from the first image 220 and the second image 230, while the source indicator displayed for the image remains on screen); and in response to receiving the request to (interpreted per the Claim Objections set forth above) display the representation of the third previously captured media item and in accordance with a determination that [[the first]]a second (interpreted per the 35 U.S.C. 112(b) rejection set forth above) set of criteria is met, wherein [[the first]]the second (interpreted per the 35 U.S.C. 112(b) rejection set forth above) set of criteria includes a criterion that is met when [[the representation of ]]the third previously captured media item (interpreted per the 35 U.S.C. 112(b) rejection set forth above) is an HDR media item (Zhou: [0028], "The method 500 begins at step 502, where the compositor determines that an image to be displayed on the display device 118 includes HDR underlying content and an SDR overlay"; the compositor makes the determination of step 502 for each image to be displayed, here the third image): displaying the representation of the third previously captured media item (Chun: [0055], "As an example, the controller 140 may switch among and display the first image 220, the second image 230, and the third image 240 captured from the same first source 210"; the third image 240 is displayed as the window image after the switch); and updating the graphical element to have a third visual appearance that is different from the first visual appearance and the second visual appearance (Zhou: [0035] and [0044], "In an example, the adjustments are stronger if the histogram indicates that the underlying HDR content is brighter and are weaker if the histogram indicates that the underlying HDR content is dimmer"; a content-adaptive adjustment keyed to the third image's characteristic values yields a third amount of adjustment of the SDR overlay's luminance, distinct from its unadjusted first appearance and from the second appearance set for the second image). Regarding dependent claim 7, Chun, in view of Zhou, teach the computer system of claim 1, wherein the second previously captured media item is an HDR media item (Zhou: [0028], "The method 500 begins at step 502, where the compositor determines that an image to be displayed on the display device 118 includes HDR underlying content and an SDR overlay"; the underlying content of the image to be displayed, the media item, is HDR content), and wherein the representation of the second previously captured media item is displayed with HDR (Zhou: [0021] and [0030], "After the method 500, the SDR overlay and HDR underlying content are composited to form a final image, which is then displayed on the display 118"; the HDR underlying content, mapped to the HDR dynamic range, is composited into the final image that is displayed, so the representation is displayed with HDR). Regarding dependent claim 8, Chun, in view of Zhou, teach the computer system of claim 1, wherein the first set of criteria includes a criterion that is met when the graphical element is a first color (Zhou: [0027] and [0040], "Examples of characteristic values include alpha values, luminance values, average color values (or other functions of color values), or any other value that characterizes a pixel"; the compositor's analysis of the color characteristic values of the SDR overlay, the graphical element, is a criterion satisfied when the overlay has a particular color). Regarding dependent claim 10, Chun, in view of Zhou, teach the computer system of claim 1, wherein the representation of the second previously captured media item includes content with an amount of brightness (Zhou: [0025], "The bright object 312 in the underlying content has a brightness that is much greater than that of the overlay object 311"; the HDR underlying content, the content of the media item, has a measurable brightness), and wherein the representation of the second previously captured media item is displayed with: in accordance with a determination that the amount of brightness exceeds a brightness threshold, a modified amount of brightness (Zhou: [0031], "To apply a clipping adjustment, if the luminance value of a pixel is above the maximum, the luminance value is set to the maximum value, and no clipping adjustment is applied if the luminance value of the pixel is below or equal to the maximum"; the maximum is a brightness threshold and clipping displays a modified brightness when it is exceeded); and in accordance with a determination that the amount of brightness does not exceed the brightness threshold, the amount of brightness (Zhou: [0031], "To apply a clipping adjustment, if the luminance value of a pixel is above the maximum, the luminance value is set to the maximum value, and no clipping adjustment is applied if the luminance value of the pixel is below or equal to the maximum"; at or below the maximum no clipping is applied and the original brightness is retained). Regarding dependent claim 12, Chun, in view of Zhou, teach the computer system of claim 1, the one or more programs further including instructions for: in response to receiving the request to display the representation of the second previously captured media item: in accordance with a determination that the first set of criteria is not met, forgoing updating of the graphical element to have the second visual appearance that is different from the first visual appearance (Zhou: [0028]-[0030], "The method 500 begins at step 502, where the compositor determines that an image to be displayed on the display device 118 includes HDR underlying content and an SDR overlay"; the adjustment of the SDR overlay is determined and applied only after step 502 finds HDR underlying content with an SDR overlay, so when that finding is not made the adjustment that produces the second appearance is not performed and the overlay keeps its first appearance). Regarding dependent claim 13, Chun, in view of Zhou, teach the computer system of claim 1, the one or more programs further including instructions for: while displaying the representation of the second previously captured media item and the graphical element with the second visual appearance, receiving a request to display [[the]]a representation (interpreted per the Claim Objections set forth above) of a fourth previously captured media item (Chun: [0055] and [0102]-[0103], "As an example, the controller 140 may switch among and display the first image 220, the second image 230, and the third image 240 captured from the same first source 210" and "In addition, if the controller 140 displays an image, the controller 140 may further display a source indicator 1030 for the image"; a further next-image gesture received while the second image 230 is displayed as the window image, with the source indicator 1030 displayed for it in the appearance it then has, is the request, and the third image 240 that the gesture selects is the fourth previously captured media item, claim 13 reciting no third media item of its own); and in response to receiving the request to display the representation of the fourth previously captured media item: in accordance with a determination that [[the first]]a second set of criteria (interpreted per the 35 U.S.C. 112(b) rejections above) is met, wherein [[the first]]the second set of criteria (interpreted per the 35 U.S.C. 112(b) rejections above) includes a criterion that is met when [[the representation of ]] (interpreted per the 35 U.S.C. 112(b) rejections above) the fourth previously captured media item is an HDR media item (Zhou: [0028], "The method 500 begins at step 502, where the compositor determines that an image to be displayed on the display device 118 includes HDR underlying content and an SDR overlay"; the compositor makes the determination of step 502 for each image to be displayed, here the fourth image): displaying the representation of the fourth previously captured media item (Chun: [0055], "the controller 140 may switch among and display the first image 220, the second image 230, and the third image 240"; the third image 240 is displayed as the window image after the switch) without updating the visual appearance of the graphical element (Zhou: [0031] and [0034], "multiplying the luminance of the SDR overlay by a fixed value" and "In another example, the fixed adjustment is a pre-defined constant value"; the fixed adjustment is applied to the SDR overlay whenever step 502 finds HDR underlying content beneath it, and a pre-defined constant value is the same value for every such image, so the overlay composited over a further HDR image has the same adjusted appearance it had over the preceding HDR image and its visual appearance is not updated); and in accordance with a determination that [[the first]]the second set of criteria (interpreted per the 35 U.S.C. 112(b) rejections above) is not met: displaying the representation of the fourth previously captured media item (Chun: [0055], "the controller 140 may switch among and display the first image 220, the second image 230, and the third image 240"; the selected image is displayed as the window image whatever its dynamic range); and updating the graphical element to have a predefined visual appearance that is different from the second visual appearance (Zhou: [0027] and [0028]-[0030], "adjusts the brightnesses of one or more pixels of one or both of the underlying content and the overlay content such that, when blended, the overlay content has a different appearance than if no adjustments were made"; the adjustment is determined and applied only after step 502 finds HDR underlying content with an SDR overlay, so for an image without HDR underlying content the overlay is composited at the pixel values it was generated with, an appearance defined before compositing and independent of the image, which is the predefined visual appearance, and, lacking the adjustment, it is different from the adjusted second visual appearance). Regarding independent claim 14, it is a non-transitory computer-readable storage medium claim that is substantially the same as the computer system of claim 1. Thus, claim 14 is rejected for the same reason as claim 1. In addition, Chun teaches a non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a computer system that is in communication with a display generation component and one or more input devices, the one or more programs including instructions for (Chun: [0030], "the storage unit 110 may store a program for controlling the controller 140"; the stored program is the recited one or more programs; [0137], "the mobile device 100 and the control method thereof according to the disclosure may be implemented as code that can be written on a processor-readable recording medium and thus read by a processor provided in a networked device"; the processor-readable recording medium read by a processor is the recited non-transitory computer-readable storage medium and processors, in a device whose display unit 120 and sensor unit 130 are the display generation component and input devices). Regarding independent claim 15, it is a method claim that is substantially the same as the computer system of claim 1. Thus, claim 15 is rejected for the same reason as claim 1. In addition, Chun teaches a method, comprising: at a computer system that is in communication with a display generation component and one or more input devices (Chun: [0029] and [0037]-[0038], "The controller 140 may control the display unit 120 using the control input received from the sensor unit 130"; the display and input operations of the mobile device are performed at the recited computer system, whose controller communicates with its display unit 120, the display generation component, and with its sensor unit 130, the input devices). Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chun in view of Zhou, as applied in the rejection of claim 1 above, and further in view of Righter et al. (hereinafter Righter), US 2016/0070447 A1. Regarding dependent claim 3, Chun, in view of Zhou, teach the computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes (Zhou: [0027], "adjusts the brightnesses of one or more pixels of one or both of the underlying content and the overlay content such that, when blended, the overlay content has a different appearance than if no adjustments were made"; the adjustment applied to the SDR overlay, the graphical element, is the updating of its appearance). Chun and Zhou do not expressly teach in accordance with a determination that the second previously captured media item has been displayed for a first amount of time, displaying the graphical element with a third amount of a visual characteristic; and in accordance with a determination that the second previously captured media item has been displayed for a second amount of time that is different from the first amount of time, displaying the graphical element with a fourth amount of the visual characteristic that is different from the third amount of the visual characteristic. However, Righter teaches in accordance with a determination that the second previously captured media item has been displayed for a first amount of time, displaying the graphical element with a third amount of a visual characteristic (Righter: [0030] tile view comprising child view comprising image data, [0032], "Moreover, a style change may be animated over a number of frames; e.g., to initially draw a view at fifty percent opacity, and then over five seconds gradually increase the opacity to one hundred percent", [0036]; when child image view (the second previously captured media item) of a tile has been displayed for a first amount of time it is drawn at a first opacity (has been displayed for a first amount of time, displaying the graphical element with a third amount of a visual characteristic)); and in accordance with a determination that the second previously captured media item has been displayed for a second amount of time that is different from the first amount of time, displaying the graphical element with a fourth amount of the visual characteristic that is different from the third amount of the visual characteristic (Righter: [0032], "Moreover, a style change may be animated over a number of frames; e.g., to initially draw a view at fifty percent opacity, and then over five seconds gradually increase the opacity to one hundred percent"; after a different elapsed display time the same view is drawn at a different opacity). Because Chun, in view of Zhou, and Righter are analogous art with all three addressing a processor-generated media user interface and the rendering of its graphical elements as the displayed state changes, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Righter's timed, multi-frame style transition to the computer system source indicator 1030 of Chun as adjusted by Zhou's compositor, with a reasonable expectation of success, drawing the indicator at one amount of the visual characteristic when the selected image has been displayed for a first amount of time and at a different amount after a second amount of time, as Righter draws a view at one opacity when it first appears and at another after a stated number of seconds, to teach in accordance with a determination that the second previously captured media item has been displayed for a first amount of time, displaying the graphical element with a third amount of a visual characteristic; and in accordance with a determination that the second previously captured media item has been displayed for a second amount of time that is different from the first amount of time, displaying the graphical element with a fourth amount of the visual characteristic that is different from the third amount of the visual characteristic. This modification would have been motivated by the desire to make a media user interface straightforward and consistent to use by guiding the user in knowing where he or she is operating with respect to the interface (Righter: [0002]). Regarding dependent claim 9, Chun, in view of Zhou, teach the computer system of claim 1, wherein updating the graphical element to have the second visual appearance includes (Zhou: [0027], "adjusts the brightnesses of one or more pixels of one or both of the underlying content and the overlay content such that, when blended, the overlay content has a different appearance than if no adjustments were made"; the adjustment applied to the SDR overlay, the graphical element, is the updating of its appearance). Chun and Zhou do not expressly teach displaying an animation that gradually transitions the graphical element from having the first visual appearance to the second visual appearance. However, Righter teaches displaying an animation that gradually transitions the graphical element from having the first visual appearance to the second visual appearance (Righter: [0032], "Moreover, a style change may be animated over a number of frames; e.g., to initially draw a view at fifty percent opacity, and then over five seconds gradually increase the opacity to one hundred percent"; a style change animated over a number of frames gradually transitions a view from one appearance to another). Because Chun, in view of Zhou, and Righter are analogous art with all three addressing a processor-generated media user interface and the rendering of its graphical elements as the displayed state changes, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to render the change of Chun's computer system source indicator 1030 from its first appearance to the second appearance produced by Zhou's adjustment as Righter's gradual, multi-frame animation, with a reasonable expectation of success, the style change being animated over a number of rendering frames so that the indicator passes through intermediate appearances rather than switching abruptly, to teach displaying an animation that gradually transitions the graphical element from having the first visual appearance to the second visual appearance. This modification would have been motivated by the desire to make the interface straightforward to use by indicating a change of state to the user with an animated style change (Righter: [0002], [0005]). Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chun in view of Zhou, as applied in the rejection of claim 1 above, and further in view of Renke, US 2017/0185983 A1. Regarding dependent claim 4, Chun, in view of Zhou, teach the computer system of claim 1, wherein: displaying the representation of the second previously captured media item includes replacing the representation of the first previously captured media item with the representation of the second previously captured media item (Chun: [0054]-[0055], "At this time, the controller 140 may switch from the current image to the next image and then display the switched image"; the switched image takes the place of the current image as the window image); and updating the graphical element to have the second visual appearance that is different from the first visual appearance includes (Zhou: [0027], "adjusts the brightnesses of one or more pixels of one or both of the underlying content and the overlay content such that, when blended, the overlay content has a different appearance than if no adjustments were made"; the adjustment applied to the SDR overlay, the graphical element, is the updating of its appearance). Chun and Zhou do not expressly teach in accordance with a determination that the representation of the first previously captured media item was displayed for[[ at least]] a first amount of time (interpreted per the 35 U.S.C. 112(b) rejection set forth above) before being replaced with the representation of the second previously captured media item, displaying the graphical element with a fifth amount of a visual characteristic; and in accordance with a determination that the representation of the first previously captured media item [[has been replaced with]]was displayed for a second amount of time that is different from the first amount of time before being replaced with the representation of the second previously captured media item[[ in a second amount of time that is different from the first amount of time]] (interpreted per the 35 U.S.C. 112(b) rejection set forth above), displaying the graphical element (interpreted per the Claim Objections set forth above) with a sixth amount of the visual characteristic that is different from the fifth amount of the visual characteristic. However, Renke teaches in accordance with a determination that the representation of the first previously captured media item was displayed for a first amount of time before being replaced with the representation of the second previously captured media item, displaying the graphical element with a fifth amount of a visual characteristic (Renke: [0020] and [0022], "For example, an application may determine to increase the processing speed based on an amount of time between swipes or inserts of a payment instrument in a card reader coupled to a mobile device"; the amount of time between one user input and the next is the amount of time for which the state the earlier input produced was displayed before the later input replaced it, Renke makes its determination on that amount of time, listing "an average time between transactions" among its user-action criteria, and a first amount of time between inputs, one on which no increase in processing speed is determined, leaves the user interface at its baseline animation level, the fifth amount of the visual characteristic); and in accordance with a determination that the representation of the first previously captured media item was displayed for a second amount of time that is different from the first amount of time before being replaced with the representation of the second previously captured media item, displaying the graphical element with a sixth amount of the visual characteristic that is different from the fifth amount of the visual characteristic (Renke: [0017] and [0023], "At 106, the application reduces the amount of animation (e.g., animation level) associated with the user interface in order to increase the processing speed of the application (e.g., to process a transaction faster)"; a different, shorter amount of time between inputs is the determination on which the application increases processing speed by reducing the animation level, so that the graphical items of the user interface are drawn with less of the "sliding, fading in, fading out" of [0017], a sixth amount of the visual characteristic that is different from the baseline fifth amount). Because Chun, in view of Zhou, and Renke are analogous art with all three addressing a processor-driven user interface whose visible graphical behavior responds to the user's inputs, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the amount of the adjustment Zhou's compositor applies to Chun's computer system source indicator 1030 with Renke's determination on the amount of time between user inputs, with a reasonable expectation of success, Chun's successive next-image gestures being the inputs whose separation in time Renke measures, so that the indicator is drawn with one amount of the visual characteristic when the first image was displayed for a first amount of time before the next-image gesture replaced it and with a different amount when it was displayed for a different amount of time, to teach in accordance with a determination that the representation of the first previously captured media item was displayed for a first amount of time before being replaced with the representation of the second previously captured media item, displaying the graphical element with a fifth amount of a visual characteristic; and in accordance with a determination that the representation of the first previously captured media item was displayed for a second amount of time that is different from the first amount of time before being replaced with the representation of the second previously captured media item, displaying the graphical element with a sixth amount of the visual characteristic that is different from the fifth amount of the visual characteristic. This modification would have been motivated by the desire to keep the enhanced user experience that animated graphics provide while avoiding their cost in processing speed when the user is driving the interface at a high rate (Renke: [0001]). Regarding dependent claim 5, Chun, in view of Zhou, teach the computer system of claim 1, wherein updating the graphical element to have the second visual appearance that is different from the first visual appearance includes (Zhou: [0027], "adjusts the brightnesses of one or more pixels of one or both of the underlying content and the overlay content such that, when blended, the overlay content has a different appearance than if no adjustments were made"; the adjustment applied to the SDR overlay, the graphical element, is the updating of its appearance). Chun and Zhou do not expressly teach in accordance with a determination that an average rate of requests to display previously captured media items is below a first threshold, displaying the graphical element with a seventh amount of a visual characteristic; and in accordance with a determination that the average rate of requests to display previously captured media items is not below the first threshold, displaying the graphical element with an eighth amount of the visual characteristic that is different from the seventh amount of the visual characteristic. However, Renke teaches in accordance with a determination that an average rate of requests to display previously captured media items is below a first threshold, displaying the graphical element with a seventh amount of a visual characteristic (Renke: [0010] and [0030], "The application may adjust the animations based on an average rate of transactions processed over a pre-determined time, a rate of recognized input events, a type of user, an experience level of a user, a time of day, a time of year, or other factors"; the application computes an average rate of recognized input events over a pre-determined time and, on the branch in which that rate is below a threshold, selects an animation or graphics amount); and in accordance with a determination that the average rate of requests to display previously captured media items is not below the first threshold, displaying the graphical element with an eighth amount of the visual characteristic that is different from the seventh amount of the visual characteristic (Renke: [0010], [0082]-[0083], "At 516, the device determines that the transaction rate has not dropped below the threshold rate (e.g., still exceeds the threshold rate), and maintains the reduced animation level"; when the rate, e.g. calculated average rate of transactions, is not below the threshold the device keeps a reduced animation level and adjusts that level when the rate drops below it, so the two branches display different amounts). Because Chun, in view of Zhou, and Renke are analogous art with all three addressing a processor-driven user interface whose visible graphical behavior responds to the user's inputs, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the amount of the adjustment Zhou's compositor applies to Chun's computer system source indicator 1030 with Renke's rate-responsive animation management, with a reasonable expectation of success, Chun's next-image requests being the recognized input events whose average rate over a pre-determined time Renke computes, so that the indicator is drawn with one amount of the visual characteristic while that rate is below a threshold and with a different amount when it is not, to teach in accordance with a determination that an average rate of requests to display previously captured media items is below a first threshold, displaying the graphical element with a seventh amount of a visual characteristic; and in accordance with a determination that the average rate of requests to display previously captured media items is not below the first threshold, displaying the graphical element with an eighth amount of the visual characteristic that is different from the seventh amount of the visual characteristic. This modification would have been motivated by the desire to keep the enhanced user experience that animated graphics provide while avoiding their cost in processing speed when the user is driving the interface at a high rate (Renke: [0001]). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chun in view of Zhou, as applied in the rejection of claim 1 above, and further in view of Kitsunai, US 2021/0151001 A1. Regarding dependent claim 11, Chun, in view of Zhou, teach the computer system of claim 1, wherein: the one or more programs further include instructions for: before displaying, via the display generation component, the media viewer user interface that includes the representation of the first previously captured media item, displaying, via the display generation component, a user interface that includes a plurality of representations of media items (Chun: [0049]-[0051], "The mobile device 100 may display images in a navigation mode to display captured and stored images as a plurality of thumbnail images 310"; the navigation mode's plurality of thumbnail images 310 is a user interface displayed before one of them is selected for display as the window image in the window mode, the media viewer user interface). Chun and Zhou do not expressly teach the first previously captured media item is not an HDR media item; the second previously captured media item is an HDR media item; and wherein: the plurality of representations of media items includes display of a second representation of the first previously captured media item without HDR content and a second representation of the second previously captured media item without HDR content. However, Kitsunai teaches the first previously captured media item is not an HDR media item; the second previously captured media item is an HDR media item (Kitsunai: [0064], "For example, an image expected to be subjected to HDR display (an image having a dynamic range that is wider than a predetermined range) is an HDR image, a RAW image set so that an HDR image is to be generated by development processing, or the like. An image not expected to be subjected to HDR display, an image having a dynamic range that is narrower than the predetermined range, is an SDR image"; the image determining unit classifies each loaded image as an HDR image or an SDR image, so one image is not an HDR image and another is); and wherein: the plurality of representations of media items includes display of a second representation of the first previously captured media item without HDR content and a second representation of the second previously captured media item without HDR content (Kitsunai: [0109], "The screen region 801 is a region for HDR display which is a region where the target image is to be displayed. The screen region 802 is a region for SDR display which is a region where, for example, a thumbnail image is to be displayed, a text is to be displayed, or the like"; thumbnail images, including the thumbnail of an HDR target image, are displayed in the SDR display region, that is, without HDR content). Because Chun, in view of Zhou, and Kitsunai are analogous art with all three addressing the selection and display of image media across SDR and HDR display states, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to render the thumbnail images 310 of the navigation mode of Chun's computer system in Kitsunai's SDR display region, classifying each stored image as an HDR image or an SDR image as Kitsunai does, with a reasonable expectation of success, so that the grid that precedes the window mode shows every item, HDR or not, as an SDR thumbnail while the selected HDR item is shown in the viewer with HDR, to teach the first previously captured media item is not an HDR media item; the second previously captured media item is an HDR media item; and wherein: the plurality of representations of media items includes display of a second representation of the first previously captured media item without HDR content and a second representation of the second previously captured media item without HDR content. This modification would have been motivated by the desire to enable the user to readily comprehend what kind of dynamic range an image is displayed with (Kitsunai: [0009]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aiba, US 2020/0053271 A1 (Feb. 13, 2010) (Abstract A display control apparatus includes: a determination unit configured to determine whether each of a plurality of images is an image having a high dynamic range (HDR) or an image having a standard dynamic range (SDR); and a control unit configured to display a list of the plurality of images in a display unit and display an image selected from the list of the plurality of images in the display unit, wherein the control unit is further configured: to display a selected image in the plurality of images using the HDR, in a case where the image having the HDR is selected, and to display the plurality of images in the list uniformly using the HDR or the SDR, in a case where the plurality of images in the list includes both the image having the HDR and the image having the SDR). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUANG FU CHEN whose telephone number is (571)272-1393. The examiner can normally be reached M-F 9:00-5:30pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Welch can be reached on (571) 272-7212. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KC CHEN/Primary Patent Examiner, Art Unit 2143
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Prosecution Timeline

May 02, 2024
Application Filed
Dec 11, 2024
Response after Non-Final Action
Sep 08, 2026
Non-Final Rejection mailed — §103, §112, §DOUBLEPATENT (current)

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