DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
1 This action is in response to the amendment filed on 04/21/2026. Claims 1-2, 4, 6-7, 10, 12-14, 16, and 18 have been amended. Applicant has also amended the specification to overcome an objection, as well as amended some claims to overcome a 112 rejection. Claims 1-18 remain rejected under 35 U.S.C. § 103.
Response to Arguments
2 Applicant’s arguments with respect to claims 1, 7, and 13 filed on 04/21/2026, with respect to the rejection under 35 U.S.C. § 103 regarding that the prior art does not teach the following amended claims. The argument has been considered, but are moot due to new grounds of rejection, utilizing similar prior art referenced below.
3 Regarding claims 2-6, 8-12, and 14-18, they directly/indirectly depend on independent claims 1, 7, and 13 respectively. Applicant does not argue anything other than independent claims 1, 7, and 13. The limitations in those claims, in conjunction with combination, was mostly previously established as explained, with a few adjustments and clarifications regarding any amended dependent claims.
Claim Rejections - 35 USC § 103
4 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.
5 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.
6 Claim(s) 1-5, 7-11, and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 20130251341 A1) in view of Raley et al. (US 20090327137 A1).
7 Regarding claim 1, Yamamoto teaches a content generation system comprising ([0165] reciting “…the motion picture processing unit 306 of the server 3 determines whether or not it is ready to generate the motion picture image Q and can generate the motion picture image because the control points for the image of the subject G, the contents of motion of the image of the subject G…”):
at least one memory storing a set of instructions; and at least one processor configured to execute the set of instructions to ([0224] reciting “More specifically, a program including a motion picture image-obtaining processing routine, a character string-obtaining processing routine, and a control processing routine is stored to a program memory (not shown) for storing programs.”):
;
receive a selected material selected from the material candidate ([0055] reciting “More specifically, the subject cropping unit 304 uses a publicly known subject cropping method to generate an image P1 obtained by cropping a region including the subject G from the subject-included image.”; [See Fig. 6A & 8B]);
determine action candidate which is a candidate of an action of the selected material ([0168] reciting “In S11, the CPU of the central control unit 301 of the server 3 determines whether a preview command of the motion picture image is input or not on the basis of predetermined operation performed by the user with the operation input unit 206 of the user terminal 2 (step S11).”: [0176] reciting “The above processing is repeatedly executed until, in step S15, it is determined that the playing of the music has been finished (step S15; YES).”; [0214] reciting “Further, in addition to the display mode of the character string W explained above, for example, when the tempo b of the BGM is faster or slower than a predetermined threshold value, the music-obtaining unit 306h may make performance of the display of the character string W by adding predetermined actions such as blinking the display, enlarging and reducing the display, and displaying with swinging while scrolling and displaying the character string W.”; [0058] reciting “The storage unit 305 is constituted by, for example, a semiconductor nonvolatile memory and an HDD (Hard Disc Drive), and stores, for example, page data of web pages and the subject-cropped image data of the subject G generated by the subject cropping unit 304, which are transmitted to the user terminal 2, and stores the motion picture data of the comment-attached motion picture image K in which the character string W to be displayed and scrolled in the predetermined direction is overlaid thereon, which is transmitted to the user terminal 2.”; [0062] reciting “Each piece of motion information M is different in the continuous movement of the plurality of movable points in accordance with the type of motion (for example, raising hand, lowering hand, raising leg, lowering leg) and variations (for example, walking, running, skipping, jumping).”);
display the action candidate of the action candidate ([0078] reciting “Specifically, when a command for specifying any one of model names (for example, walking) from among the model names of a plurality of motion models in a predetermined screen displayed on the display unit 203 on the basis of predetermined operation performed by the user with the operation input unit 206 of the user terminal 2 is input via the communication network N and the communication control unit 303…”);
receive a selected action selected from the action candidate ([0039] reciting “The operation input unit 206 includes, for example, a mouse and a keyboard which is constituted by, e.g., data input keys for inputting numerical value, characters and the like, arrow keys for, e.g., selecting and moving data, and various kinds of function key”); and
generate a moving image in which the selected material performs the selected action ([0037] reciting “In this case, the subject-included image means an image which is used as a foreground image during generation of a motion picture image Q explained later and which includes a main subject in a predetermined background.”).
8 Yamamoto does not explicitly teach to determine, based on a designated job, an order of a material candidate including a basic material for which a usage right is granted from a higher-level organization of a target organization and an extension material for which the target organization holds a usage right independently of the higher-level organization; display the material candidate in the determined order of the material candidate; …determine, based on the designated job, an order of an action candidate which is a candidate of an action of the selected material; display the action candidate in the determined order of the action candidate.
9 Raley teaches to determine, based on a designated job, an order of a material candidate including a basic material for which a usage right is granted from a higher-level organization of a target organization and an extension material for which the target organization holds a usage right independently of the higher-level organization ([Abstract] reciting “A method for creating a digital work having content and usage rights related to the content, the digital work being adapted to be used within a system having repositories for controlling use of content, the method including issuing a license to a consumer, the license permitting the consumer to access the content of the digital work to be created in the future.”; [0047] reciting “Also, the invention allows a newspaper editor, for example, to send a camera crew to record content without worrying about the pictures being compromised in any way (for example, altered, edited, viewed by unauthorized personnel, or hidden and separately sold to another newspaper organization). In fact, the camera crew may have no rights whatsoever in the content as soon as the content is recorded.”; [0048] reciting “Alternatively the editor can set the rights in such a way that the first 10 pictures, for example, will belong to the newspaper (work-related), and the next five pictures will belong to the cameraman (for personal use). This example illustrates the flexibility, security, confidence, certainty, and multiple relationships that can be arranged between parties (the cameraman and the editor in this example).”);
display the material candidate in the determined order of the material candidate ([0027] reciting “The smart-card reader 306 can be used for reading cards inserted therein. For example, a license, usage rights, or identification can be embedded in the card and communicated to the controller 302 and/or the rights assignment engine 310. LCD display 304, the smart card reader 306, keypad 308 and software interfaces constitute a user interface of creation server 300. The user interface permits a user to input information such as identification data, and access requests and provides feedback as to operation of creation device 300.”);
…determine, based on the designated job, an order of an action candidate which is a candidate of an action of the selected material; display the action candidate in the determined order of the action candidate ([Abstract] reciting “The issuing step further includes determining the usage rights that can be included in the license, the usage rights specifying a type of use of the content that is enforceable by a repository; electronically generating a license based on the usage rights; and creating the digital work as the content is being created or after the content is created, wherein the step of creating the digital work includes securing the content before the digital work is distributed to the consumer.”; [0048] reciting “Alternatively the editor can set the rights in such a way that the first 10 pictures, for example, will belong to the newspaper (work-related), and the next five pictures will belong to the cameraman (for personal use). This example illustrates the flexibility, security, confidence, certainty, and multiple relationships that can be arranged between parties (the cameraman and the editor in this example).”).
10 It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention, to have modified the method (taught by Yamamoto) to incorporate the teachings of Raley to provide a method that can utilize usage rights in a specific order (like the editor and cameraman for example) for many different organizations based on a certain type of priority for any digital work like to provide and display material (essentially any and action candidates as stated by Yamamoto. Doing so would secure any content before the digital work is distributed as stated by Raley ([Abstract] recited).
11 Regarding claim 2, Yamamoto in view of Raley teaches the content generation system according to claim 1, wherein the at least one processor is further configured to execute the instructions to (see claim 1 rejection above):
12 Raley from claim 1 can further teach the limitations, specifically display the action candidate including a basic action candidate and an extension action candidate, the basic action candidate being the action candidate for which a usage right is granted by the higher- level organization, the extension action candidate being the action candidate for which the target organization holds a usage right independently of the higher-level organization ([Abstract] reciting “…electronically generating a license based on the usage rights…”; [0027] reciting “For example, a license, usage rights, or identification can be embedded in the card and communicated to the controller 302 and/or the rights assignment engine 310. LCD display 304, the smart card reader 306, keypad 308 and software interfaces constitute a user interface of creation server 300. The user interface permits a user to input information such as identification data”; [0047] reciting “Also, the invention allows a newspaper editor, for example, to send a camera crew to record content without worrying about the pictures being compromised in any way (for example, altered, edited, viewed by unauthorized personnel, or hidden and separately sold to another newspaper organization). In fact, the camera crew may have no rights whatsoever in the content as soon as the content is recorded.”; See claim 1 rejection in regards to “action candidate”); and
receive the selected action selected from the action candidate including the basic action candidate and the extension action candidate ([0021] reciting “In step 120, a user request for use of, i.e. a license to, the content to be created is received.”; [0029] reciting “The instructions can cause the usage rights labels to be assigned in any manner and can include any permissions and/or restrictions. For example, in the case of a video recorder, each part of the video sequence or frames can selectively be assigned different rights. This makes the rights assignment process very flexible and dynamic and permits rights assignment to be made in real time as content is created or prior to creation.”; See claim 1 rejection in regards to “action candidate”).
13 It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention, to have modified the method (taught by Yamamoto in view of Raley) to incorporate additional teachings of Raley to provide a type of display for the different types of action candidates based on a specific job role, as well as to receive them utilizing the job order methods and action candidates provided by Yamamoto in view of Raley. Doing so would secure any content before the digital work is distributed as stated by Raley ([Abstract] recited).
14 Regarding claim 3, Yamamoto in view of Raley teaches the content generation system according to claim 1 (see claim 1 rejection above),
15 Although Yamamoto could teach wherein the at least one processor is further configured to execute the instructions to display the action candidate in an order determined according to the designated job (Yamamoto; [0214] reciting “Further, in addition to the display mode of the character string W explained above, for example, when the tempo b of the BGM is faster or slower than a predetermined threshold value, the music-obtaining unit 306h may make performance of the display of the character string W by adding predetermined actions such as blinking the display, enlarging and reducing the display, and displaying with swinging while scrolling and displaying the character string W.”; [0058] reciting “The storage unit 305 is constituted by, for example, a semiconductor nonvolatile memory and an HDD (Hard Disc Drive), and stores, for example, page data of web pages and the subject-cropped image data of the subject G generated by the subject cropping unit 304, which are transmitted to the user terminal 2, and stores the motion picture data of the comment-attached motion picture image K in which the character string W to be displayed and scrolled in the predetermined direction is overlaid thereon, which is transmitted to the user terminal 2.”; [0062] reciting “Each piece of motion information M is different in the continuous movement of the plurality of movable points in accordance with the type of motion (for example, raising hand, lowering hand, raising leg, lowering leg) and variations (for example, walking, running, skipping, jumping).”), prior art from Raley from claim 1 can further/add to the limitations (Raley; [0029] reciting “The instructions can cause the usage rights labels to be assigned in any manner and can include any permissions and/or restrictions. For example, in the case of a video recorder, each part of the video sequence or frames can selectively be assigned different rights. This makes the rights assignment process very flexible and dynamic and permits rights assignment to be made in real time as content is created or prior to creation.”; [0048] reciting “Alternatively the editor can set the rights in such a way that the first 10 pictures, for example, will belong to the newspaper (work-related), and the next five pictures will belong to the cameraman (for personal use). This example illustrates the flexibility, security, confidence, certainty, and multiple relationships that can be arranged between parties (the cameraman and the editor in this example).”; See claim 1 rejection in regards to “action candidate”).
16 It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention, to have modified the method (taught by Yamamoto in view of Raley) to incorporate additional teachings of Raley to provide a clearer method to execute certain instructions for displaying an action from an order of a job, utilizing the order methods that are provided by Yamamoto in view of Raley. Doing so would secure any content before the digital work is distributed as stated by Raley ([Abstract] recited).
17 Regarding claim 4, Yamamoto in view of Raley teaches the content generation system according to claim 1, wherein the at least one processor is further configured to execute the instructions to (see claim 1 rejection above):
display the material candidate and a selected background image (Yamamoto; [0007] reciting “a step of obtaining a character string to be scrolled and displayed in a predetermined direction being overlaid on the motion picture image obtained in the motion picture image-obtaining step”; [0155] reciting “…a specifying command of any one of image data specified on the basis of predetermined operation performed by the user with the operation input unit 206 from among a plurality of pieces of image data in the screen of the page for motion picture playing displayed on the display unit 203 of the user terminal 2. After the motion picture-obtaining unit 306d reads and obtains, from the storage unit 305, image data of the background image P2 (see FIG. 6B) related to the specifying command (step S71), the motion picture-obtaining unit 306d registers the image data of the background image P2 as the background of the motion picture image (step S72).”);
receive the selected material that is selected from the material candidate and is dragged on the background image (Yamamoto; [0037] reciting “In this case, the subject-included image means an image which is used as a foreground image during generation of a motion picture image Q explained later and which includes a main subject in a predetermined background.”; [0055] reciting “More specifically, the subject cropping unit 304 uses a publicly known subject cropping method to generate an image P1 obtained by cropping a region including the subject G from the subject-included image.”; [See Fig. 6A & 8B]);
display the action candidate of the material candidate when the material candidate is dragged on the background image (Yamamoto; [0214] reciting “Further, in addition to the display mode of the character string W explained above, for example, when the tempo b of the BGM is faster or slower than a predetermined threshold value, the music-obtaining unit 306h may make performance of the display of the character string W by adding predetermined actions such as blinking the display, enlarging and reducing the display, and displaying with swinging while scrolling and displaying the character string W.”); and
generate a moving image in which the selected material performs the selected action at a place to which the material candidate received as the selected material is dragged in the background image (Yamamoto; [0216] reciting “At the same time, the frame images constituting the motion picture image Q are successively generated by successively combining the foreground frame images and the background image P2. Further, the comment-attached frame images in which the character string W is arranged on the frame image at the predetermined position in accordance with the scroll display speed S of the character string W may be successively generated, and may be transmitted to the user terminal 2.”).
18 Regarding claim 5, Yamamoto in view of Raley teaches the content generation system according to claim 4 (see claims 1 and 4 rejections above), wherein the at least one processor is further configured to execute the instructions to display the action candidate of the selected material when a region of the selected material is designated, the selected material being displayed at the place to which the material candidate received as the selected material is dragged in the background image (Yamamoto; [0181] reciting “As described above, the data of the preview motion picture are configured to include the motion picture image Q including the plurality of frame images F1 to Fn made by combining the user desired background image P2 and the predetermined number of foreground frame images and the character string W scrolled and displayed in the predetermined scroll display direction Y in such a manner to be overlaid on the predetermined scroll region R set arbitrarily on the motion picture image Q.”; [0213-0214] reciting “For this reason, even when a plurality of songs are set and the tempo changes in the middle of the playing of the motion picture image Q, the display mode of the character string W can be controlled so that it is scrolled and displayed in association with the tempo of the music. Further, in addition to the display mode of the character string W explained above, for example, when the tempo b of the BGM is faster or slower than a predetermined threshold value, the music-obtaining unit 306h may make performance of the display of the character string W by adding predetermined actions such as blinking the display, enlarging and reducing the display, and displaying with swinging while scrolling and displaying the character string W.”).
19 Claims 7 and 13 has similar limitations as of claim 1, therefore it is rejected under the same rationale as claim 1.
20 Claims 8 and 14 has similar limitations as of claim 2, therefore it is rejected under the same rationale as claim 2.
21 Claims 9 and 15 has similar limitations as of claim 3, therefore it is rejected under the same rationale as claim 3.
22 Claims 10 and 16 has similar limitations as of claim 4, therefore it is rejected under the same rationale as claim 4.
23 Claim 11 and 17 has similar limitations as of claim 5, therefore it is rejected under the same rationale as claim 5.
24 Claim(s) 6, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 20130251341 A1) in view of Raley et al. (US 20090327137 A1) as of claim 1, further in view of Berkebile et al. (US 20210304509 A1) and Ogawa et al. (US 20220180904 A1).
25 Regarding claim 6, Yamamoto in view of Raley teaches the content generation system according to claim 1 (see claim 1 rejection above), wherein the material candidate includes a plurality of types of persons (Yamamoto; See Fig. 6A and 8B),
wherein the action candidate of the material candidate that is a person includes a motion, a change in expression (Yamamoto; [0098] reciting “In this case, the predetermined character string W memorized or stored in advance means, for example, greeting such as "good morning", "hello", and "good afternoon", sentences expressing feelings such as "great!" and "surprised!", frequently used texts such as texts used among predetermined friends, and symbols imitating the face of a person (so-called, emoticon).”), and
wherein the at least one processor is further configured to execute the instructions to receive selected from the material candidate as a target of the selected action from in a case where the selected material selected from the plurality of types of persons is received and the selected action for an as the target is received (Yamamoto; [0039] reciting “The operation input unit 206 includes, for example, a mouse and a keyboard which is constituted by, e.g., data input keys for inputting numerical value, characters and the like, arrow keys for, e.g., selecting and moving data, and various kinds of function key, and outputs a press-down signal of a key pressed by a user and an operation signal of a mouse to the CPU of the central control unit 201.”; [0055] reciting “More specifically, the subject cropping unit 304 uses a publicly known subject cropping method to generate an image P1 obtained by cropping a region including the subject G from the subject-included image.”; [See Fig. 6A & 8B]).
26 Yamamoto in view of Raley does not explicitly teach the material candidate includes a plurality of types of persons, a plurality of types of vehicles, and a plurality of types of instruments, the action candidate of the material candidate that is a person includes a motion, a change in expression, and a voice, … and
wherein the at least one processor is further configured to execute the instructions to receive a second selected material candidate selected from the material candidate as a target of the selected action from the plurality of types of instruments in a case where the selected material selected from the plurality of types of persons is received and the selected action for an instrument as the target is received.
27 Berkebile teaches the material candidate includes a plurality of types of persons, a plurality of types of vehicles, and a plurality of types of instruments ([0219] reciting “For example, the graphic generator 1030 may control the screen of the image display device 2 to display a virtual object such that the virtual object appears to be in the environment as viewed by the user through the screen. By means of non-limiting examples, the virtual object may be a virtual moving object (e.g., a ball, a shuttle, a bullet, a missile, a fire, a heatwave, an energy wave), a weapon (e.g., a sword, an axe, a hammer, a knife, a bullet, etc.), any object that can be found in a room (e.g., a pencil, paper ball, cup, chair, etc.), any object that can be found outside a building (e.g., a rock, a tree branch, etc.), a vehicle (e.g., a car, a plane, a space shuttle, a rocket, a submarine, a helicopter, a motorcycle, a bike, a tractor, an all-terrain-vehicle, a snowmobile, etc.), etc. Also, in some embodiments, the graphic generator 1030 may generate an image of the virtual object for display on the screen such that the virtual object will appear to be interacting with the real physical object in the environment. For example, the graphic generator 1030 may cause the screen to display the image of the virtual object in moving configuration so that the virtual object appears to be moving through a space in the environment as viewed by the user through the screen of the image display device 2.”), the action candidate of the material candidate that is a person includes a motion, a change in expression, , … and
wherein the at least one processor is further configured to execute the instructions to receive a second selected material candidate selected from the material candidate as a target of the selected action from the plurality of types of instruments in a case where the selected material selected from the plurality of types of persons is received and the selected action for an instrument as the target is received (See above rejection statement for similar details; [0018] reciting “Optionally, the object identifier is configured to obtain an input indicating a selection of the object for which the identification of the object is to be determined.”; [0216] reciting “For example, two users in the same physical environment may be standing far apart from each other. The first user may be at a first location with a first set of anchor points associated therewith. Similarly, the second user may be at a second location with a second set of anchor points associated therewith. Because the two users are far from each other, initially, the first set and the second set of anchor points may not have any overlap.”).
28 It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention, to have modified the method (taught by Yamamoto in view of Raley) to incorporate the teachings of Berkebile to provide a method that can contain vehicles and instruments (like weapons for examples) for the images, as well as to have an additional selection(s) utilizing the selection material methods provided by the teachings of Yamamoto in view of Raley. Doing so would allow any display of a virtual object as stated by Berkebile ([0219] recited).
29 Yamamoto in view of Raley and Berkebile does not explicitly teach the material candidate includes a plurality of types of persons, a plurality of types of vehicles, and a plurality of types of instruments, the action candidate of the material candidate that is a person includes a motion, a change in expression, and a voice…
30 Ogawa teaches the material candidate includes a plurality of types of persons, a plurality of types of vehicles, and a plurality of types of instruments, the action candidate of the material candidate that is a person includes a motion, a change in expression, and a voice ([0039] reciting “The data storage unit 33 also stores information indicating who gives utterance corresponding to a voice included in the moving image. That is, the data storage unit 33 stores the voice included in the moving image and a person giving utterance corresponding to the voice in association with each other.”)…
31 It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention, to have modified the method (taught by Yamamoto in view of Raley and Berkebile) to incorporate the teachings of Ogawa to provide a method that contains voice related actions that can be used for the material candidates like the persons as taught by Yamamoto in view of Raley and Berkebile. Doing so would allow the extraction of voices of the persons that is or is not part of the moving image as stated by Ogawa ([0050] recited).
32 Claims 12 and 18 has similar limitations as of claim 6, therefore it is rejected under the same rationale as claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nishizaka et al. (US 20140112643 A1) discusses replaying moving image data from among a plurality of sets.
33 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.
34 Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHNNY TRAN LE whose telephone number is (571)272-5680. The examiner can normally be reached Mon-Thu: 7:30am-5pm; First Fridays Off; Second Fridays: 7:30am-4pm.
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/JOHNNY T LE/Examiner, Art Unit 2614
/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614
Prosecution Insights