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 Arguments
Applicant's arguments filed 12/09/2025 have been fully considered but they are not persuasive. Regarding claims 1, 9, and 10, Applicant argues (pgs. 13-14 of the Remarks) that Pena does not teach a virtual object. Examiner respectfully disagrees. The term “virtual object” is not defined in the claim and under the broadest reasonable interpretation can be considered a face filter/added text/decorations. Pena teaches (¶0461) The editing options can include, but not limited to, adding text, adding drawings, adding sounds, face filters, adding decorations, creating a video loop, adding a cover, and the like.
Applicant further argues (pg. 14 of the Remarks) that Anderson’s movement is determined based on the user’s gesture or the drawn path, rather than the target POI as defined in the claim “wherein the target POI comprises a closest POI to the first user, or a POI selected by the first user.” Examiner respectfully disagrees. Anderson teaches (¶0001) Smartphone applications have been proposed or developed which allow the user to point a camera phone at a location (this is considered a form of POI selection by the user) and see the location on the smartphone display. The application then obtains data about the location, such as restaurant names, etc. and then augments the reality shown in the smartphone display with the names, menus, reviews, etc; (¶0026, ¶0028,) The user can point the rear camera at one location of the real scene and e.g. add virtual objects, then point the camera at another location on the real scene and add more virtual objects; (¶0050-¶0051, ¶0070, ¶0073) the system determines a location, such as a GPS (Global Positioning System) location, of the AR object on the scene behind the device and at 605; (¶0052) an AR device is configured or aimed to observe a real scene through its camera. The scene may be an exterior landscape, cityscape, interior scene or any other scene that the camera of the device can observe (i.e., scene that is closest POI to the user.) Examiner would also consider user’s gesture or drawn path to fall under “POI selected by the first user.”
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 (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 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.
Claim(s) 1-2, 5-7, 9-10, 13, 16-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Pena et al. (US 20200382724, hereinafter Pena) in view of Lee et al. (US 20110071757, hereinafter Lee) and Anderson (US 20130307875.)
Regarding claim 1, “A video generation method, comprising: displaying, on a shooting page, a preset effect resource for a target …corresponding to a first user; in response to a trigger operation on a preset effect entry, wherein the preset effect resource comprises at least one first virtual object, the at least one first virtual object is displayed on the shooting page…”” Pena teaches (¶0216) real time video special effects system and method that can be used for creating special effects in video recordings while recording is in progress; (¶0267, ¶0466,) corresponding to an augmented reality (AR) filter operation.
As to “and the shooting page is provided with a virtual object generation control” Pena teaches (¶0224, ¶0057) user's manual control of the special effect in real time is that the user can pan along with the movement of the scene
As to “generating, based on the virtual object generation control, a virtual object corresponding to the first user as a second virtual object; presenting, on the shooting page, that the second virtual object is displayed in a manner…, in response to a trigger operation on the second virtual object” Pena teaches (¶0466, ¶0461) a “Face Filters” affordance 718, which when activated (e.g. via a tap gesture), enables the user of the device to initiate a subprocess or a third-party application that applies filtering with “Augmented Reality” (AR) functions to the video. Any number of the icons or affordances 700-722 can be positioned or positionable in predetermined or customizable locations in the GUI 30; (¶0461) The editing options can include, but not limited to, adding text, adding drawings, adding sounds, face filters, adding decorations, creating a video loop, adding a cover, and the like.
As to “and generating a resulting video based on the shooting page.” Pena teaches (¶0216) for creating special effects in video recordings while recording is in progress
Pena does not teach “place of interest (POI).” However, Lee teaches (¶0038, Figs. 6a/6b) to display an image input from the camera 218 on a screen of the display unit 220, to obtain current location information by controlling the GPS receiver 212, to collect information of Point Of Interest (POI) in the image based on the current location information, and to display the information on the screen. The POI information may be attained from the storage unit 224 or an external device via the communication module 210. Herein, the POI information may include name, location (e.g., latitude and longitude), category, area name, address, phone number, details, and related image information of the corresponding POI; (¶0069) the portable terminal determines whether the captured image includes the user's face. When the captured image includes the user's face, the portable terminal synthesizes and displays the graphical object including the POI information around the user's face in step 743. That is, when the captured image includes the user's face, the portable terminal displays the POI information collected in step 719 as the graphical object or the text comment and synthesizes over the captured image. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system as taught by Pena with the augmented reality information for a place of interest as taught by Lee for the benefit of learning information about their surrounding environment.
Pena and Lee do not teach “wherein the target POI comprises a closest POI to the first user, or a POI selected by the first user” Anderson teaches (¶0001) Smartphone applications have been proposed or developed which allow the user to point a camera phone at a location (this is considered a form of POI selection by the user) and see the location on the smartphone display. The application then obtains data about the location, such as restaurant names, etc. and then augments the reality shown in the smartphone display with the names, menus, reviews, etc; (¶0026, ¶0028,) The user can point the rear camera at one location of the real scene and e.g. add virtual objects, then point the camera at another location on the real scene and add more virtual objects; (¶0050-¶0051, ¶0070, ¶0073) the system determines a location, such as a GPS (Global Positioning System) location, of the AR object on the scene behind the device and at 605; (¶0052) an AR device is configured or aimed to observe a real scene through its camera. The scene may be an exterior landscape, cityscape, interior scene or any other scene that the camera of the device can observe (i.e., scene that is closest POI to the user.)
As to “wherein the second virtual object is customized by the first user” Anderson teaches (¶0056) the scene may include all of the objects in the real scene together with any virtual objects (Examiner note: plural) that the user has added to the scene; (Fig. 3A and ¶0029) the user is able to design the paths of inanimate and animate objects, such as fireworks or animals;
As to “in a manner of moving towards the target POI” and “of moving towards the target POI.” However, Anderson (¶0032-¶0033 and Fig. 3B) the user draws a path 214 for the AR firework rocket to travel on the scene before it explodes. This may be done by selecting a path command on the palette 208 (not shown) and then tracing a line in front of the rear camera as shown. Tapping or shaking gestures may be used to indicate the start and stop of the path. The fireworks may in this way be caused to all launch from one or two location in the scene on the hill or from behind the hill and then explode in the air in different locations much like a real fireworks show; (¶0034 and Fig. 4B) The user has selected one of the dinosaurs 410 and placed it on the scene 404. With the pen, the use may then draw a path 414 for the dinosaur to travel in AR across the scene. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system as taught by Pena and Lee with the POI and path selection for AR effects/objects as taught by Anderson for the benefit of giving users more creative control over their recorded video.
Regarding claim 2, “The video generation method according to claim 1, wherein the generating, based on the virtual object generation control, the virtual object corresponding to the first user as the second virtual object, comprises: presenting a virtual object template on the shooting page, in response to a trigger operation on the virtual object generation control, the virtual object template comprising an information input area; and generating, in response to receiving input information within the information input area, the virtual object corresponding to the first user as the second virtual object, based on the input information.” Pena teaches (¶0466, ¶0461) a “Face Filters” affordance 718, which when activated (e.g. via a tap gesture), enables the user of the device to initiate a subprocess or a third-party application that applies filtering with “Augmented Reality” (AR) functions to the video. Any number of the icons or affordances 700-722 can be positioned or positionable in predetermined or customizable locations in the GUI 30.
Regarding claim 5, “The video generation method according to claim 1, wherein the displaying, on the shooting page, the preset effect resource for the target place of interest (POI) corresponding to the first user, in response to the trigger operation on the preset effect entry, comprises: determining, for the first user, the target POI from at least one POI, in response to the trigger operation on the preset effect entry, a distance between the target POI and the first user being the closest; determining whether the distance between the first user and the target POI is less than a preset distance threshold; and displaying a preset first effect resource on the shooting page, in response to determining that the distance between the first user and the target POI is not less than the preset distance threshold; or, displaying a preset second effect resource on the shooting page, in response to determining that the distance between the first user and the target POI is less than the preset distance threshold, the preset first effect resource and the preset second effect resource being different preset effect resources.” Lee teaches (¶0064) when the portable terminal is not moved backward or forward over the threshold distance, bounced, or snapped, the portable terminal examines whether one of the POIs displayed on the screen is selected in step 725. When a POI is selected, the portable terminal proceeds to step 727; When a POI is selected, the portable terminal displays details of the selected POI in step 727. In doing so, the portable terminal may determine and display the distance and the travel time to the POI. For example, the portable terminal may represent the travel time to the particular POI in the image displayed on the screen as illustrated in FIG. 5. Herein, the travel time may be computed by considering the actual path of the user rather than the straight-line distance from the current location to the corresponding POI; (¶0038) obtain current location information by controlling the GPS receiver 212, to collect information of Point Of Interest (POI) in the image based on the current location information, and to display the information on the screen; (¶0041) the controller 200 may acquire and provide nearby POI information based on the location information over the map.
Regarding claim 6, “The video generation method according to claim 5, further comprising, after the displaying the preset first effect resource on the shooting page: additionally displaying a third virtual object on the shooting page, in response to determining that the distance between the first user and the target POI is less than the preset distance threshold, the third virtual object belonging to the preset second effect resource.” Lee teaches (Figs. 6B-6C) multiple visual objects (e.g., read more/navigation) belonging to POIs; (¶0005) for POI information in vicinity; (¶0005) collects information of Point Of Interests (POIs plural) in the input image based on current location information
Regarding claim 7, “The video generation method according to claim 5, wherein the preset first effect resource comprises the at least one first virtual object, and the preset second effect resource comprises the at least one first virtual object or a fourth virtual object.” Lee teaches (Figs. 6B-6C) multiple visual objects (e.g., read more/navigation) belonging to POIs; (¶0005) for POI information in vicinity; (¶0005) collects information of Point Of Interests (POIs plural) in the input image based on current location information
Regarding claim 9, “A non-transitory computer-readable storage medium having therein stored instructions which, when run on a terminal device, cause the terminal device to implement a video generation method comprising” Pena teaches (¶0070) The system can include a memory and a processor that are respectively configured to store and execute software instructions.
The remainder of claim 9 is similar to claim 1, therefore its rejection is similar to claim 1.
Regarding claim 10, “A video generation device comprising: a memory, a processor, and a computer program stored on the memory and executable on the processor, the processor, when executing the computer program, implementing a video generation method comprising” Pena teaches (¶0070) The system can include a memory and a processor that are respectively configured to store and execute software instructions.
The remainder of claim 10 is similar to claim 1, therefore its rejection is similar to claim 1.
Regarding claim 13, its rejection is similar to claim 2.
Regarding claim 16, its rejection is similar to claim 5.
Regarding claim 17, its rejection is similar to claim 6.
Regarding claim 18, its rejection is similar to claim 7.
Claim(s) 3-4 and 14-15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Pena, Lee, and Anderson in view of Fisher et al. (US 20140337477, hereinafter Fisher)
Regarding claim 3, Pena, Lee, and Anderson “The video generation method according to claim 1, further comprising, before the generating the resulting video based on the shooting page: presenting, in response to a trigger operation on a target first virtual object in the at least one first virtual object, input information bound to the target first virtual object on the shooting page, the target first virtual object having a correspondence with a second user, and the second user having a correspondence with the target POI.” However, Fisher teaches (¶0037) FIG. 2A-C illustrates the augmented reality features of an embodiment of the invention in which the view of a physical, real-world environment is altered to reflect the number of observers focusing their image capture devices 110 on a location or object of interest 150, for example, a building, billboard, or display. The augmented reality features affect the display of images that are displayed on the device's display 115 when the user is using his or her image/media capture device 110 to point at an object or location 150; (¶0064) Particular virtual effect(s) that may be applied to the object when a crowd action or threshold is recognized along with a threshold value, may be stored in the database in relation to identified object. The virtual effect and/or threshold value may be pre-defined and stored in a database record prior to identification of the object by viewers or association with an identified cluster. The virtual effects may be a change in a display color, where the display color is selected from a palette of different, available colors stored in the database. The information may be arranged in a database in records and fields, as would be known in the art. The information relating to the objects of interest may comprise a name, a geographic location (e.g., GPS coordinates, altitude), and/or address, details regarding the object's 3-dimension geometry (e.g., height, width, color, relationship to a company or product brand, etc.) that can be use when identifying the object of interest and/or the point of focus on the object. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system as taught by Pena, Lee, and Anderson with the AR effects based on other viewers as taught by Fisher for the benefit of creating a more interactive/enjoyable AR experience.
Regarding claim 4, “The video generation method according to claim 3, further comprising, after the presenting the input information bound to the target first virtual object on the shooting page: controlling, on the shooting page, that the target first virtual object is displayed in a manner of moving towards the target POI.” Anderson teaches (¶0032-¶0033 and Fig. 3B) the user draws a path 214 for the AR firework rocket to travel on the scene before it explodes. This may be done by selecting a path command on the palette 208 (not shown) and then tracing a line in front of the rear camera as shown. Tapping or shaking gestures may be used to indicate the start and stop of the path. The fireworks may in this way be caused to all launch from one or two location in the scene on the hill or from behind the hill and then explode in the air in different locations much like a real fireworks show; (¶0034 and Fig. 4B) The user has selected one of the dinosaurs 410 and placed it on the scene 404. With the pen, the use may then draw a path 414 for the dinosaur to travel in AR across the scene.
Regarding claim 14, its rejection is similar to claim 3.
Regarding claim 15, its rejection is similar to claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ganeshmani (US 20210056189) – (¶0034) Using the location information, the application or the server can determine the components of the human challenge. For example, if the application determines that the user is in a restaurant, the application can choose to display augmented reality objects relating to a restaurant, e.g., various types of food, and the prompt can be to select a specific type of food, e.g., pizza.
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J JOHNSON whose telephone number is (571)272-9629. The examiner can normally be reached 9:00AM-3:00PM EST.
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/Frank Johnson/Primary Examiner, Art Unit 2425