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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The claims have been examined using the effective filing date of 09/30/2021.
Information Disclosure Statement
All Information Disclosure Statements filed as of 02/19/2025 have been considered by examiner.
Claim Objections
Claim 2 is objected to because of the following informalities:
(line 1) “wherein the rendering the” typo
Appropriate correction is required.
Response to Amendment
Applicant has amended claims 1-2, 5-6, 10-11, and 12. Applicant has cancelled claims 3-4, and 13. Applicant has added claim 14. Amended claim 2 remains objected. Amended claim 12 has overcome the previously held 101 rejection.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 10-12 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kong (US 20190164322 A1).
With respect to claim 1, Kong teaches an image editing method (“Embodiments of the present disclosure are directed towards an image editing system…” paragraph 0004), comprising:
obtaining an original image (see Fig 3A top image), wherein the original image comprises a first editing object and a second editing object (see Fig3A bottom images), and the first editing object and the second editing object are in different image regions of the original image (see Fig3A bottom images);
rendering the first editing object and the second editing object to different layers respectively, to generate a first original layer corresponding to the first editing object and a second original layer corresponding to the second editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050);
rendering an editing result of the first editing object under a first editing operation based on the first original layer to generate a first editing layer corresponding to the first editing object in response to the first editing operation for the first editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and figure 6 loop), and rendering an editing result of the second editing object under a second editing operation based on the second original layer to generate a second editing layer corresponding to the second editing object in response to the second editing operation for the second editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and figure 6 loop); and generating, based on the first editing layer and the second editing layer, a target image as an editing result of the original image (“At block 610, a selected mask, such as that at block 608, can be selected to export as a new layer. A layer is used to describe the different levels at which a user can edit an image in an image editing application. A user can stack, merge, and/or define layers when editing a digital image. Layers can be used to allow portions of images within a layer to be shown in a selected manner (e.g., with a selected editing process applied). Layers also allow users to be able to combine two or more images into a single image. Using layers when editing an image can allow a user to continually make changes and/or edits within a layer during the editing process without affecting other layers of the image. Such a layer can be seen in an edit zone of a graphical user interface of an image editing system. Different adjustment layers include levels, curves, hue and saturation, black and white, vibrance, color balance, etc. In this way, a user is provided with an easy and intuitive way that the user can use the list of available masks for image editing, adjustments, and/or composition.” Paragraph 0071 and “As edits are made to the image using selected masks, the edit zone can be updated to show the edits to the corresponding portions of the image. For instance, edit 322 indicates a vibrance edit was made. Displaying the edits using the edit zone allows a user to go back and make changes to those edits if desired.” Paragraph 0057),
wherein the rendering the first editing object and the second editing object to different layers respectively, to generate a first original layer corresponding to the first editing object and a second original layer corresponding to the second editing object comprises:
creating layers corresponding to the first editing object and the second editing object, respectively (see figure 6 element 608, 610, and 612 loop);
determining an outline of the first editing object and an outline of the second editing object from the original image (see figure 6 elements 602 and 604);
determining a first image data extraction region corresponding to the first editing object and a second image data extraction region corresponding to the second editing object based on the outline of the first editing object and the outline of the second editing object, respectively (see figure 5); and
extracting image data from the first image data extraction region to obtain the image data corresponding to the first editing object (see figure 5 and figure 6 elements 602 and 604), and extracting image data from the second image data extraction region to obtain the image data corresponding to the second editing object (see figure 5 and figure 6 elements 602 and 604),
wherein the outline of the first editing object is within the first image data extraction region and not overlapped with an edge of the first image data extraction region (“At block 504, segmentation of the image can be performed. Such segmentation can be performed using any number of techniques. Such techniques include…thresholding……edge detection...” paragraph 0065 and figure 3A segmented bottom images), and the outline of the second editing object is within the second image data extraction region and not overlapped with an edge of the second image data extraction region (“At block 504, segmentation of the image can be performed. Such segmentation can be performed using any number of techniques. Such techniques include…thresholding……edge detection...” paragraph 0065 and figure 3A segmented bottom images).
With respect to claim 2, Kong teaches the image editing method according to claim 1, wherein the rendering the first editing object and the second editing object to different layers respectively, to generate a first original layer corresponding to the first editing object and a second original layer corresponding to the second editing object further comprises:
rendering the layer corresponding to the first editing object based on the image data corresponding to the first editing object to generate the first original layer corresponding to the first editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and figure 3A, 3B, 3C, and 3D bottom images and figure 6 loop), and rendering the layer corresponding to the second editing object based on the image data corresponding to the second editing object to generate the second original layer corresponding to the second editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and figure 3A, 3B, 3C, and 3D bottom images and figure 6 loop).
With respect to claim 10, Kong teaches an image editing apparatus (“Embodiments of the present disclosure are directed towards an image editing system…” paragraph 0004), comprising:
an obtaining unit, configured to obtain an original image (“A user device can be utilized by a user to facilitate segmenting an image, presenting the segmentations as masks, and editing the image using selected masks. In particular, a user can select or input an image or picture for segmentation utilizing user interface 118.” Paragraph 0033), wherein the original image comprises a first editing object and a second editing object (see figure 3A bottom images), and the first editing object and the second editing object are in different image regions of the original image (see figure 3A bottom images);
a generation unit (see figure 2 element 212), configured to render the first editing object and the second editing object to different layers, respectively, to generate a first original layer corresponding to the first editing object and a second original layer corresponding to the second editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and see bottom images in figures 3A-3E);
an editing unit (see figure 6 and figure 2 element 214), configured to render an editing result of the first editing object under a first editing operation based on the first original layer to generate a first editing layer corresponding to the first editing object, in response to the first editing operation for the first editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and see bottom images in figures 3A-3E), and render an editing result of the second editing object under a second editing operation based on the second original layer to generate a second editing layer corresponding to the second editing object in response to the second editing operation for the second editing object (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050 and see bottom images in figures 3A-3E); and
a processing unit (see figure 2 element 208), configured to generate, based on the first editing layer and the second editing layer, a target image as an editing result of the original images (“At block 610, a selected mask, such as that at block 608, can be selected to export as a new layer. A layer is used to describe the different levels at which a user can edit an image in an image editing application. A user can stack, merge, and/or define layers when editing a digital image. Layers can be used to allow portions of images within a layer to be shown in a selected manner (e.g., with a selected editing process applied). Layers also allow users to be able to combine two or more images into a single image. Using layers when editing an image can allow a user to continually make changes and/or edits within a layer during the editing process without affecting other layers of the image. Such a layer can be seen in an edit zone of a graphical user interface of an image editing system. Different adjustment layers include levels, curves, hue and saturation, black and white, vibrance, color balance, etc. In this way, a user is provided with an easy and intuitive way that the user can use the list of available masks for image editing, adjustments, and/or composition.” Paragraph 0071 and “As edits are made to the image using selected masks, the edit zone can be updated to show the edits to the corresponding portions of the image. For instance, edit 322 indicates a vibrance edit was made. Displaying the edits using the edit zone allows a user to go back and make changes to those edits if desired.” Paragraph 0057) wherein the generation unit is specifically configured to:
create layers corresponding to the first editing object and the second editing object, respectively (see figure 6 element 608, 610, and 612 loop);
determine an outline of the first editing object and an outline of the second editing object from the original image (see figure 6 elements 602 and 604);
determine a first image data extraction region corresponding to the first editing object and a second image data extraction region corresponding to the second editing object based on the outline of the first editing object and the outline of the second editing object, respectively (see figure 5); and
extract image data from the first image data extraction region to obtain the image data corresponding to the first editing object (see figure 5 and figure 6 elements 602 and 604), and extract image data from the second image data extraction region to obtain the image data corresponding to the second editing object (see figure 5 and figure 6 elements 602 and 604),
wherein the outline of the first editing object is within the first image data extraction region and not overlapped with an edge of the first image data extraction region (“At block 504, segmentation of the image can be performed. Such segmentation can be performed using any number of techniques. Such techniques include…thresholding……edge detection...” paragraph 0065 and figure 3A segmented bottom images), and the outline of the second editing object is within the second image data extraction region and not overlapped with an edge of the second image data extraction region (“At block 504, segmentation of the image can be performed. Such segmentation can be performed using any number of techniques. Such techniques include…thresholding……edge detection...” paragraph 0065 and figure 3A segmented bottom images).
With respect to claim 11, Kong teaches an electronic device (see figure 7), comprising a memory and a processor (see figure 7), wherein the memory is configured to store a computer program (see figure 7); and the processor is configured to, when invoking the computer program, cause the electronic device to implement an image editing method (“Memory 712 includes computer storage media in the form of volatile and/or nonvolatile memory. As depicted, memory 712 includes instructions 724. Instructions 724, when executed by processor(s) 714 are configured to cause the computing device to perform any of the operations described herein, in reference to the above discussed figures, or to implement any program modules described herein.” Paragraph 0076). Kong additionally taches the image editing method in consideration of claim 1 (see claim 1’s rejection), due to claim 1 being substantially similar to claim 11, because it is directed to claim 11’s image editing method.
With respect to claim 12, Kong teaches a non-transitory computer-readable storage medium storing a computer program (see figure 7), wherein the computer program, when executed by a computing device (see figure 7), causes the computing device to implement the image editing method according to claim 1 (“Memory 712 includes computer storage media in the form of volatile and/or nonvolatile memory. As depicted, memory 712 includes instructions 724. Instructions 724, when executed by processor(s) 714 are configured to cause the computing device to perform any of the operations described herein, in reference to the above discussed figures, or to implement any program modules described herein.” Paragraph 0076).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kong as applied to claim 1 above, and further in view of Liba (WO 2021010974 A1).
With respect to claim 5, Kong teaches the image editing method according to claim 1, and a plurality of editing objects (see figure 5 and figure 3A segmented images), but does not teach any further limitations.
Liba teaches smoothing an edge an editing object (“The computing device executes a machine-learned model that is trained to automatically segment an“original” image (e.g., a raw image, a low-resolution variant, or an enhanced version) into distinct regions. The model outputs a mask that defines the distinct regions and the computing device then refines the mask using edge- aware smoothing techniques…” paragraph 0002) based on a preset smoothing algorithm (“guided filter…” paragraph 0002).
Liba is analogous art in the same field of endeavor as the claimed invention. Liba is directed towards image segmentation and adjusting (“A computing device is described that automatically segments an image into different regions and automatically adjusts perceived exposure-levels, noise, white balance, or other characteristics associated with each of the different regions. The computing device executes a machine-learned model that is trained to automatically segment an“original” image (e.g., a raw image, a low-resolution variant, or an enhanced version) into distinct regions.” Paragraph 0002). A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to combine the teachings of Kong and Liba by utilizing Liba’s automatic image segmentation technique as Kong’s image segmentation process (see Kong “Such segmentation can be performed using any of a variety of techniques. Such techniques include deep learning techniques, color range or saliency detection, thresholding, clustering methods, compression-based methods, histogram-based methods, edge detection, dual clustering methods, region-growing methods, partial differential equation-based methods, variational methods, graph partitioning methods, watershed transformation, model based segmentation, multi-scale segmentation, and semi-automatic segmentation.” Paragraph 0040), with the expectation that doing so would allow for the image outlines to be further refined (see Liba “The model outputs a mask that defines the distinct regions and the computing device then refines the mask using edge- aware smoothing techniques, such as a guided filter, to conform the edges of the mask to the edges of objects depicted in the image.” Paragraph 0002).
With respect to claim 6, Kong teaches the image editing method according to claim 1, a plurality of layers (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050), and further teaches overlaying the first editing layer and the second editing layer on the original image, respectively, to generate the target image (“At block 610, a selected mask, such as that at block 608, can be selected to export as a new layer. A layer is used to describe the different levels at which a user can edit an image in an image editing application. A user can stack, merge, and/or define layers when editing a digital image. Layers can be used to allow portions of images within a layer to be shown in a selected manner (e.g., with a selected editing process applied). Layers also allow users to be able to combine two or more images into a single image. Using layers when editing an image can allow a user to continually make changes and/or edits within a layer during the editing process without affecting other layers of the image. Such a layer can be seen in an edit zone of a graphical user interface of an image editing system. Different adjustment layers include levels, curves, hue and saturation, black and white, vibrance, color balance, etc. In this way, a user is provided with an easy and intuitive way that the user can use the list of available masks for image editing, adjustments, and/or composition.” Paragraph 0071 and “As edits are made to the image using selected masks, the edit zone can be updated to show the edits to the corresponding portions of the image. For instance, edit 322 indicates a vibrance edit was made. Displaying the edits using the edit zone allows a user to go back and make changes to those edits if desired.” Paragraph 0057).
Liba teaches setting a transparency of an edge region (“Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208. For example, matting can be added with a particular transparency value to smoothly transition from adjusting one region (e.g, for sky adjustments) to another region (e.g., for non-sky adjustments) in regions where pixels could be considered part of the two regions (e.g, part of sky and part of non-sky). Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair)” paragraph 0053), wherein the edge region is a region in an editing layer except for a region corresponding to an editing object (“Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208. For example, matting can be added with a particular transparency value to smoothly transition from adjusting one region (e.g, for sky adjustments) to another region (e.g., for non-sky adjustments) in regions where pixels could be considered part of the two regions (e.g, part of sky and part of non-sky). Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair)” paragraph 0053).
Liba is analogous art in the same field of endeavor as the claimed invention. Liba is directed towards image segmentation and adjusting (“A computing device is described that automatically segments an image into different regions and automatically adjusts perceived exposure-levels, noise, white balance, or other characteristics associated with each of the different regions. The computing device executes a machine-learned model that is trained to automatically segment an“original” image (e.g., a raw image, a low-resolution variant, or an enhanced version) into distinct regions.” Paragraph 0002). A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to combine the teachings of Kong and Liba by utilizing Liba’s automatic image segmentation technique as Kong’s image segmentation process (see Kong “Such segmentation can be performed using any of a variety of techniques. Such techniques include deep learning techniques, color range or saliency detection, thresholding, clustering methods, compression-based methods, histogram-based methods, edge detection, dual clustering methods, region-growing methods, partial differential equation-based methods, variational methods, graph partitioning methods, watershed transformation, model based segmentation, multi-scale segmentation, and semi-automatic segmentation.” Paragraph 0040), with the expectation that doing so would allow for the image outlines to be further refined (see Liba “The model outputs a mask that defines the distinct regions and the computing device then refines the mask using edge- aware smoothing techniques, such as a guided filter, to conform the edges of the mask to the edges of objects depicted in the image.” Paragraph 0002).
With respect to claim 9, Kong and Liba teach the image editing method according to claim 6. Kong additionally teaches a plurality of layers (“In embodiments, edits to an image can be made using a first mask using a first layer mask in a first layer and edits made using a second mask can be applied using a second layer mask in a second layer. In this way, edits made to an image are stacked as layers of edits applied using selected masks.” Paragraph 0050).
Liba further teaches before the setting a transparency of an edge region to a preset transparency, further comprising: determining whether the layer comprise a shrank region (“The guided filter 202 generates the refined mask 212 which redefines the different regions that are specified by the mask 210, to have edges that match the edges of objects in the original image 208 and that further align the boundaries of the different regions that are specified by the mask 210 to conform to the color variations at the visible boundaries of the different regions in the original image 208. Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208…Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair).” Paragraph 0053), wherein the shrank region is a region that changes from the region corresponding to the editing object to the edge region after editing (“The guided filter 202 generates the refined mask 212 which redefines the different regions that are specified by the mask 210, to have edges that match the edges of objects in the original image 208 and that further align the boundaries of the different regions that are specified by the mask 210 to conform to the color variations at the visible boundaries of the different regions in the original image 208. Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208…Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair).” Paragraph 0053); and in response to the layer comprising the shrank region, performing edge transitional filling on the shrank region (“The guided filter 202 generates the refined mask 212 which redefines the different regions that are specified by the mask 210, to have edges that match the edges of objects in the original image 208 and that further align the boundaries of the different regions that are specified by the mask 210 to conform to the color variations at the visible boundaries of the different regions in the original image 208. Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208…Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair).” Paragraph 0053), and setting the shrank region to the region corresponding to the editing object (“The guided filter 202 generates the refined mask 212 which redefines the different regions that are specified by the mask 210, to have edges that match the edges of objects in the original image 208 and that further align the boundaries of the different regions that are specified by the mask 210 to conform to the color variations at the visible boundaries of the different regions in the original image 208. Part of refining the mask 210 can include adding matting to each of the multiple regions to add transparency at parts of the original image 208…Such mixed pixels can occur, for example, along obj ect edges, or near semi-transparent obj ects (e.g, like frizzy hair).” Paragraph 0053).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kong and Liba as applied to claim 6 above, and further in view of Larking (EP 1746542 A1).
With respect to claim 7, Kong and Liba teach the image editing method according to claim 6, but do not teach any further limitations. Larking teaches determining whether a region corresponding to the first editing object of the first editing layer overlaps a region corresponding to the second editing object of the second editing layer (“According to still another aspect of the present invention there is provided a method for composing a two-dimensional digital image, comprising the steps of: providing at least two two-dimensional image layers, each layer being associated with at least a subsection of said digital image, wherein each layer consists of several image elements; associating each image element of the layers with a depth value; and combining said layers for composition of said digital image, wherein in overlapping parts of said layers, the order of overlapping image elements is determined based on the depth values associated with said overlapping image elements.” Paragraph 0025 ); and in response to the region corresponding to the first editing object of the first editing layer not overlapping the region corresponding to the second editing object of the second editing layer, overlaying the first editing layer and the second editing layer on the original image in any order to generate the target image (“As will be understood, each of these layers can be shuffled and/or exchanged, resulting in a new image, wherein for example one or a plurality of the layers have been exchanged with new layers. From this illustrative example, it is apparent that the layers could be modified or exchanged separately, without affecting the other layers. For example, layer 143 could be exchanged, e.g. to an image of another car, but assuming that the new layer has the same depth value, this new layer would still be placed behind the person illustrated in layer 144 and in front of the tree illustrated in layer 142.” Paragraph 0037).
Larking is analogous art in the same field of endeavor as the claimed invention. Larking is directed towards image layer composition (“According to still another aspect of the present invention there is provided a method for composing a two-dimensional digital image, comprising the steps of: providing at least two two-dimensional image layers, each layer being associated with at least a subsection of said digital image, wherein each layer consists of several image elements; associating each image element of the layers with a depth value; and combining said layers for composition of said digital image, wherein in overlapping parts of said layers, the order of overlapping image elements is determined based on the depth values associated with said overlapping image elements.” Paragraph 0025 ). A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to combine the teachings of Kong, Liba, and Larking, by utilizing Larking’s layer composition strategy, inside of Kong’s layering system, with the expectation that doing so would lead to improvements in processing speed and reductions in cost (“Hence, this first aspect of the present invention makes it possible for a user to view and change between different components and accessories in a novel way, which, in comparison to heretofore known methods, requires less bandwidth and processing capacity, which is faster and where the download time can be reduced. In a similar manner, this aspect makes it possible to decrease the amount of data needed to be stored on a storage medium. Accordingly, these advantages will hence decrease costs involved for both the user and service provider providing the image data.” Paragraph 0014).
With respect to claim 8, Kong, Liba, and Larking teach the image editing method according to claim 7, Larking further teaches wherein in response to the region corresponding to the first editing object of the first editing layer overlapping the region corresponding to the second editing object of the second editing layer, obtaining a depth of the first editing object and a depth of the second editing object (“According to still another aspect of the present invention there is provided a method for composing a two-dimensional digital image, comprising the steps of: providing at least two two-dimensional image layers, each layer being associated with at least a subsection of said digital image, wherein each layer consists of several image elements; associating each image element of the layers with a depth value; and combining said layers for composition of said digital image, wherein in overlapping parts of said layers, the order of overlapping image elements is determined based on the depth values associated with said overlapping image elements.” Paragraph 0025 ); and overlaying the first editing layer and the second editing layer on the original image in a depth descending order to generate the target image (“According to still another aspect of the present invention there is provided a method for composing a two-dimensional digital image, comprising the steps of: providing at least two two-dimensional image layers, each layer being associated with at least a subsection of said digital image, wherein each layer consists of several image elements; associating each image element of the layers with a depth value; and combining said layers for composition of said digital image, wherein in overlapping parts of said layers, the order of overlapping image elements is determined based on the depth values associated with said overlapping image elements.” Paragraph 0025 and figure 2).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kong as applied to claim 1 above, and further in view of Zhang (CN 113096140 A).
With respect to claim 14, Kong teaches the image editing method according to claim 1, but doesn’t teach further limitations. Zhang teaches wherein a minimum distance from each point in the edge of the first image data extraction region to the outline of the first editing object is a first preset distance (“In some embodiments, the determining the edge area in the stage instance mask, comprising: based on the stage instance mask, determining the edge line of the instance to be segmented; in the image to be processed, determining the minimum distance between the edge line is less than the preset distance of the pixel point set; based on the pixel point set, determining the edge area in the stage instance mask. Therefore, by analyzing the distance between the pixel point and the edge line of the example to be divided, can more fully reserve the detail information of the edge area of the example to be divided” page 4 paragraph 4), and a minimum distance from each point in the edge of the second image data extraction region to the outline of the second editing object is a second preset distance (“In some embodiments, the determining the edge area in the stage instance mask, comprising: based on the stage instance mask, determining the edge line of the instance to be segmented; in the image to be processed, determining the minimum distance between the edge line is less than the preset distance of the pixel point set; based on the pixel point set, determining the edge area in the stage instance mask. Therefore, by analyzing the distance between the pixel point and the edge line of the example to be divided, can more fully reserve the detail information of the edge area of the example to be divided” page 4 paragraph 4).
Zhang is analogous art in the same field of endeavor as the claimed invention. Zhang is directed towards image segmentation (“The embodiment of the invention claims an example segmentation method, the method comprising: obtaining the first semantic information of the image to be processed; and the first instance feature of the to be-segmented instance in the image to be processed and the first instance mask corresponding to the first instance feature” page 2 Contents of the Invention lines 3-6). A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Kong with Zhang by utilizing Zhang’s distance based segmentation procedure inside of Kong’s segmentation based editing process, with the expectation that doing so would lead to better detailed segment edges (Therefore, by analyzing the distance between the pixel point and the edge line of the example to be divided, can more fully reserve the detail information of the edge area of the example to be divided” page 4 paragraph 4).
Response to Arguments
Applicant’s arguments filed 04/27/2026 have been fully considered.
On page 9-10 of applicant’s remarks the applicant argues that newly amended claim 1, its dependents and substantially similar claims 10 and 11, are allowable over prior art, namely Zou, due to the inclusion of several new limitations within the independent claims. Of particular interest the applicant indicates that Zou does not teach, in isolation or in combination, the limitations of “extracting image data from the first image data extraction region to obtain the image data corresponding to the first editing object, and extracting image data from the second image data extraction region to obtain the image data corresponding to the second editing object, wherein the outline of the first editing object is within the first image data extraction region and not overlapped with an edge of the first image data extraction region, and the outline of the second editing object is within the second image data extraction region and not overlapped with an edge of the second image data extraction region.”. The examiner agrees that Zou, when considered in isolation, does not teach all claim limitations, however upon further search and consideration the examiner has found cited art that does (see above rejections). Accordingly, an updated rejection has been provided. Additionally due to the number and depth of changes made, the examiner declines the request for interview.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA C WILLIAMS whose telephone number is (571)272-7074. The examiner can normally be reached M-F 7:30am - 4:00pm.
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/REBECCA COLETTE WILLIAMS/Examiner, Art Unit 2677
/ANDREW W BEE/Supervisory Patent Examiner, Art Unit 2677
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