CTNF 18/741,072 CTNF 79654 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Preliminary Amendment In response to applicant’s amendment received on 7/1/24, all requested changes to the specification and claims have been entered. Claims 1-20 were previously and are currently pending. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter as follows. Claim 13 recites a “A computer program product comprising instruction stored on a computer-readable medium” which is not defined in the claim or specification as specifically excluding, and therefore considered to encompass, subject matter such as a “signal” or “carrier wave”. A signal or carrier wave is not a “process, machine, manufacture, or composition of matter” and therefore the claim is considered non-statutory. The examiner suggests amending the claim to recite “A computer program product comprising instruction stored on a non-transitory computer-readable medium”. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20, respectively , of U.S. Patent No. 12,033,369 . Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitation of claims 1-20 of the present application are substantially similar, obvious variants, of the limitations of claims 1-20, respectively, in USPN 12,033,369 . Claim 1 of the present application compares to claim 1 of the 12,033,369 as indicated below: Claim 1 of the Current Application Claim 1 of 12,033,369 Notes A method for recommending a similar human pose picture, the method comprising: A method for recommending a similar human pose picture, the method comprising: Substantially similar receiving an input picture, wherein the input picture comprises a first portrait; receiving an input picture, wherein the input picture comprises a first portrait; Identical selecting, as a recommended human pose picture, a picture that has a highest similarity to the input picture from a picture library through metric learning that is based on a multi-level environmental information feature, wherein the recommended human pose picture comprises a second portrait, and selecting, as a recommended human pose picture, at least one picture that has a highest similarity to the input picture from a picture library through metric learning that is based on a multi-level environmental information feature, wherein the recommended human pose picture comprises a second portrait, and Substantially similar wherein the multi-level environmental information feature comprises at least two of a scene feature, an object spatial distribution feature, or a foreground human feature; and wherein the multi-level environmental information feature comprises a scene feature, an object spatial distribution feature, and a foreground human feature; and The current application is broader than USPN 12,033,369 presenting the recommended human pose picture in a predetermined preview manner. presenting the recommended human pose picture in a predetermined preview manner. Identical Additionally, claims 2-20 in the present application recite substantially similar limitations to the limitations of claims 2-20, respectively, in USPN 12,033,369 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AARON W CARTER/Primary Examiner, Art Unit 2661 Application/Control Number: 18/741,072 Page 2 Art Unit: 2661 Application/Control Number: 18/741,072 Page 3 Art Unit: 2661 Application/Control Number: 18/741,072 Page 4 Art Unit: 2661 Application/Control Number: 18/741,072 Page 5 Art Unit: 2661 Application/Control Number: 18/741,072 Page 6 Art Unit: 2661
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