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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 15, 2024 was filed on the filing date of the application on July 15, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on July 15, 2024. These drawings are accepted.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 3-8, 10, 11, 13-15, and 17-20 of U.S. Patent No. 12,079,899. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the tables below.
Present Application #18/773,156
1
2
3
4
5
6
7
8
9
10
U.S. Patent #12,079,899
1
7
6
3
4
1
1
5
8
14
Present Application #18/773,156
11
12
13
14
15
16
17
18
19
20
U.S. Patent #12,079,899
13
10
11
8
8
15
20
19
17
18
Present Application #18/773,156 Claim 1
U.S. Patent #12,079,899 Claim 1
An apparatus, comprising:
An apparatus, comprising:
a memory; and
a memory; and
at least one processor coupled to the memory and configured to perform operations, the operations comprising:
at least one processor coupled to the memory and configured to perform operations, the operations comprising:
receiving a command configured to instruct an application programming interface (API) to render a graphics element (Limitation A),
wherein the command includes off-screen data associated with the graphics element and on-screen data associated with the graphics element; (Limitation B)
generating, based on the command and a set of modification factors, a transcoded command configured to instruct the API to render a modified graphics element (Limitation C),
wherein generating the transcoded command comprises applying the set of modification factors to the on-screen data associated with the graphics element (Limitation D)
but not applying the set of modification factors to the off-screen data associated with the graphics element (Limitation E); and
transmitting the transcoded command to the API to cause the API to render the modified graphics element (Limitation F).
receiving multiple commands directed to a graphics application programming interface (API);
Limitations A and B
determining that a first command in the multiple commands targets on-screen data;
Limitation B, e.g. wherein the command includes on-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the first command targets on-screen data, modifying the first command based on a set of modification factors
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation D
and transmitting the modified first command to the graphics API;
Limitation F
determining that a second command in the multiple commands does not target on-screen data; and
Limitation B, e.g. wherein the command includes off-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the second command does not target on-screen data,
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation E
transmitting the second command unmodified to the graphics API.
Limitation F
Claim 1 of the present application differs from claim 1 of the patent application in that claim 1 of the present application recites, “receiving multiple commands,” where claim 1 of the patent application recites, “receiving a command,” where the command of the patent application encompasses the elements of each command of the present application. However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application to encompass multiple commands rather a single command according to the developer’s programming, yielding predictable results, without changing the scope of the invention.
Present Application #18/773,156 Claim 2
U.S. Patent #12,079,899 Claim 7
The apparatus of claim 1, wherein the operations further comprise:
The apparatus of claim 1, wherein receiving the command comprises:
intercepting a single command directed to the graphics API and generated by an application; and
receiving multiple commands generated by an application; and
generating the multiple commands based on the single command.
generating the command based on the multiple commands.
Present Application #18/773,156 Claim 3
U.S. Patent #12,079,899 Claim 6
The apparatus of claim 1, wherein the multiple commands are generated by an application, and wherein receiving the multiple commands comprises:
The apparatus of claim 1, wherein receiving the command comprises:
intercepting the multiple commands; and
receiving multiple commands generated by an application; and
generating a serialized version of the multiple commands.
serializing the multiple commands to generate a set of serialized commands.
Present Application #18/773,156 Claim 4
U.S. Patent #12,079,899 Claim 3
The apparatus of claim 1, wherein modifying the first command based on the set of modification factors comprises:
The apparatus of claim 1, wherein applying the set of modification factors to the on-screen data associated with the graphics element comprises:
applying a set of scaling factors to the on-screen data targeted by the first command.
applying a set of scaling factors to the on-screen data associated with the graphics element.
Present Application #18/773,156 Claim 5
U.S. Patent #12,079,899 Claim 4
The apparatus of claim 1, wherein modifying the first command based on the set of modification factors comprises:
The apparatus of claim 1, wherein generating the transcoded command comprises:
obtaining a transcoding rule associated with the first command from a database that stores different transcoding rules associated with respective different commands; and
obtaining a transcoding rule associated with the command from a database that stores different transcoding rules associated with respective different commands; and
modifying the first command in accordance the obtained transcoding rule.
generating the transcoded command in accordance with the transcoding rule.
Present Application #18/773,156 Claim 6
U.S. Patent #12,079,899 Claim 1
The apparatus of claim 1, wherein
An apparatus, comprising…
determining that the second command does not target on-screen data comprises: determining that the second command targets off-screen data.
…receiving a command…wherein the command includes off-screen data associated with the graphics element…generating, based on the command…
Present Application #18/773,156 Claim 6
U.S. Patent #12,079,899 Claim 1
The apparatus of claim 1, wherein
An apparatus, comprising…
the first command comprises a command to render a graphics element.
…receiving a command…wherein the command includes on-screen data associated with the graphics element…
Present Application #18/773,156 Claim 8
U.S. Patent #12,079,899 Claim 5
The apparatus of claim 7, wherein
The apparatus of claim 1, wherein
the graphics element comprises one or more of a square, a rectangle, a cylinder, a font, an image, a sequence of images, or an overlay.
the graphics element comprises one of a square, a rectangle, a cylinder, a font, an image, a sequence of images, or an overlay.
Present Application #18/773,156 Claim 9
U.S. Patent #12,079,899 Claim 8
A computer-implemented method, comprising:
A computer-implemented method, comprising:
receiving, by at least one computer processor, a command configured to instruct an application programming interface (API) to render a graphics element (Limitation A),
wherein the command includes off-screen data associated with the graphics element and on-screen data associated with the graphics element (Limitation B);
generating, based on the command and a set of modification factors, a transcoded command configured to instruct the API to render a modified graphics element (Limitation C),
wherein generating the transcoded command comprises applying the set of modification factors to the on-screen data associated with the graphics element (Limitation D)
but not applying the set of modification factors to the off-screen data associated with the graphics element (Limitation E); and
transmitting the transcoded command to the API to cause the API to render the modified graphics element (Limitation F).
receiving multiple commands directed to a graphics application programming interface (API);
Limitations A and B
determining that a first command in the multiple commands targets on-screen data;
Limitation B, e.g. wherein the command includes on-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the first command targets on-screen data, modifying the first command based on a set of modification factors
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation D
and transmitting the modified first command to the graphics API;
Limitation F
determining that a second command in the multiple commands does not target on-screen data; and
Limitation B, e.g. wherein the command includes off-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the second command does not target on-screen data,
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation E
Claim 9 of the present application differs from claim 8 of the patent application in that claim 9 of the present application recites, “receiving multiple commands,” where claim 8 of the patent application recites, “receiving a command,” where the command of the patent application encompasses the elements of each command of the present application. However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application to encompass multiple commands rather a single command according to the developer’s programming, yielding predictable results, without changing the scope of the invention.
Present Application #18/773,156 Claim 10
U.S. Patent #12,079,899 Claim 14
The computer-implemented method of claim 9, further comprising:
The computer-implemented method of claim 8, wherein receiving the command comprises:
intercepting a single command directed to the graphics API and generated by an application; and
receiving multiple commands generated by an application; and
generating the multiple commands based on the single command.
generating the command based on the multiple commands.
Present Application #18/773,156 Claim 11
U.S. Patent #12,079,899 Claim 13
The computer-implemented method of claim 9, wherein the multiple commands are generated by an application, and wherein receiving the multiple commands comprises:
The computer-implemented method of claim 8, wherein receiving the command comprises:
intercepting the multiple commands; and
receiving multiple commands generated by an application; and
generating a serialized version of the multiple commands.
serializing the multiple commands to generate a set of serialized commands.
Present Application #18/773,156 Claim 12
U.S. Patent #12,079,899 Claim 10
The computer-implemented method of claim 9, wherein modifying the first command based on the set of modification factors comprises:
The computer-implemented method of claim 8, wherein applying the set of modification factors to the on-screen data associated with the graphics element comprises:
applying a set of scaling factors to the on-screen data targeted by the first command.
applying a set of scaling factors to the on-screen data associated with the graphics element.
Present Application #18/773,156 Claim 13
U.S. Patent #12,079,899 Claim 11
The computer-implemented method of claim 9, wherein modifying the first command based on the set of modification factors comprises:
The computer-implemented method of claim 8, wherein generating the transcoded command comprises:
obtaining a transcoding rule associated with the first command from a database that stores different transcoding rules associated with respective different commands; and
obtaining a transcoding rule associated with the command from a database that stores different transcoding rules associated with respective different commands; and
modifying the first command in accordance the obtained transcoding rule.
generating the transcoded command in accordance with the transcoding rule.
Present Application #18/773,156 Claim 14
U.S. Patent #12,079,899 Claim 8
The computer-implemented method of claim 9, wherein
A computer-implemented method, comprising…
determining that the second command does not target on-screen data comprises: determining that the second command targets off-screen data.
…receiving a command…wherein the command includes off-screen data associated with the graphics element…generating, based on the command…
Present Application #18/773,156 Claim 15
U.S. Patent #12,079,899 Claim 8
The computer-implemented method of claim 9, wherein
A computer-implemented method, comprising…
the first command comprises a command to render a graphics element.
…receiving a command…wherein the command includes on-screen data associated with the graphics element…
Present Application #18/773,156 Claim 16
U.S. Patent #12,079,899 Claim 15
A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising:
A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising:
receiving, by at least one computer processor, a command configured to instruct an application programming interface (API) to render a graphics element (Limitation A),
wherein the command includes off-screen data associated with the graphics element and on-screen data associated with the graphics element (Limitation B);
generating, based on the command and a set of modification factors, a transcoded command configured to instruct the API to render a modified graphics element (Limitation C),
wherein generating the transcoded command comprises applying the set of modification factors to the on-screen data associated with the graphics element (Limitation D)
but not applying the set of modification factors to the off-screen data associated with the graphics element (Limitation E); and
transmitting the transcoded command to the API to cause the API to render the modified graphics element (Limitation F).
receiving multiple commands directed to a graphics application programming interface (API);
Limitations A and B
determining that a first command in the multiple commands targets on-screen data;
Limitation B, e.g. wherein the command includes on-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the first command targets on-screen data, modifying the first command based on a set of modification factors
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation D
and transmitting the modified first command to the graphics API;
Limitation F
determining that a second command in the multiple commands does not target on-screen data; and
Limitation B, e.g. wherein the command includes off-screen data; and Limitation C, e.g. generating, based on the command…
in response to at least the determination that the second command does not target on-screen data,
Limitation C, e.g. generating, based on the command and a set of modification factors; and Limitation E
Claim 16 of the present application differs from claim 15 of the patent application in that claim 16 of the present application recites, “receiving multiple commands,” where claim 15 of the patent application recites, “receiving a command,” where the command of the patent application encompasses the elements of each command of the present application. However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application to encompass multiple commands rather a single command according to the developer’s programming, yielding predictable results, without changing the scope of the invention.
Present Application #18/773,156 Claim 17
U.S. Patent #12,079,899 Claim 20
The non-transitory computer-readable medium of claim 16, wherein the operations further comprise:
The non-transitory computer-readable medium of claim 15, wherein receiving the command comprises:
intercepting a single command directed to the graphics API and generated by an application; and
receiving multiple commands generated by an application; and
generating the multiple commands based on the single command.
generating the command based on the multiple commands.
Present Application #18/773,156 Claim 18
U.S. Patent #12,079,899 Claim 19
The non-transitory computer-readable medium of claim 16, wherein the multiple commands are generated by an application, and wherein receiving the multiple commands comprises:
The non-transitory computer-readable medium of claim 15, wherein receiving the command comprises:
intercepting the multiple commands; and
receiving multiple commands generated by an application; and
generating a serialized version of the multiple commands.
serializing the multiple commands to generate a set of serialized commands.
Present Application #18/773,156 Claim 19
U.S. Patent #12,079,899 Claim 17
The non-transitory computer-readable medium of claim 16, wherein modifying the first command based on the set of modification factors comprises:
The non-transitory computer-readable medium of claim 15, wherein applying the set of modification factors to the on-screen data associated with the graphics element comprises:
applying a set of scaling factors to the on-screen data targeted by the first command.
applying a set of scaling factors to the on-screen data associated with the graphics element.
Present Application #18/773,156 Claim 20
U.S. Patent #12,079,899 Claim 18
The non-transitory computer-readable medium of claim 16, wherein modifying the first command based on the set of modification factors comprises:
The non-transitory computer-readable medium of claim 15, wherein generating the transcoded command comprises:
obtaining a transcoding rule associated with the first command from a database that stores different transcoding rules associated with respective different commands; and
obtaining a transcoding rule associated with the command from a database that stores different transcoding rules associated with respective different commands; and
modifying the first command in accordance the obtained transcoding rule.
generating the transcoded command in accordance with the transcoding rule.
Allowable Subject Matter
Claims 1-20 would be allowable if the Double Patenting rejection may be overcome.
The following is a statement of reasons for the indication of allowable subject matter: The present invention relates to a system and method of modifying graphics rendering by transcoding a serialized command stream. Prior art includes:
Nave et al. (US 2013/0057561) disclose an apparatus (Figure 1, system 100), comprising: a memory ([0030] notes memory of the system for storing components, e.g. application 102, image capturing component 104, graphics functions 106, back buffer 112, off-screen surface 112, and browser 108, with some components further illustrated in Figure 3); and at least one processor coupled to the memory and configured to perform operations ([0030] notes hardware components, e.g. graphics hardware 208 of Figure 3, for executing components stored in memory, [0031], [0032]), the operations (e.g. of process of Figure 4, further illustrated in Figures 5-9) comprising: receiving multiple commands (e.g. receiving multiple function calls from application 102/202) directed to a graphics application programming interface (API) (e.g. directed to graphics functions 106/graphics application programming interface (API) 204)(step 402, [0048] notes application 102 issues one or more graphics function calls that are configured to cause graphics content associated with application 102 to be displayed in an application window associated with application 102, step 404, [0049] notes image capturing component 104 intercepts the graphics function calls issued by application 102, where [0044] notes image capturing component 104 inserted between application 202 and graphics API 204, such that certain function calls issued by application 202 are received by image capturing component 104 rather than graphics API 204, e.g. thus “directed to graphics API”); determining that a first command in the multiple commands targets on-screen data; in response to at least the determination that the first command targets on-screen data, modifying the first command based on a set of modification factors (e.g. function call intercepted, e.g. Figure 5, ShowWindow call, Figure 7, GetForegroundWindow call, and/or Figure 8, CreateDevice call, where it is considered these calls targets “on-screen data” which is displayed in a window, different from “off-screen data” further described below, and modified, e.g. minimize (hide), display in foreground, resize)(e.g. step 406, further described in Figure 5, step 504, [0058] notes image capturing component 104 hooks the ShowWindow call, step 506, notes image capturing component 104 modifies the ShowWindow call to change “show” state to indicate that the application window associated with application 102 is to be hidden; Figure 7, step 704, [0065] notes image capturing component 104 hooks the GetForegroundWindow call, step 706, notes image capturing component 104 returns the handle of the minimized application window that is actually in the foreground is a browser window associated with browser 108, which displays the graphics content associated with the application 102; step 408, further described in Figure 8, step 804, [0068] notes image capturing component 104 hooks the CreateDevice call, step 806, notes image capturing component 104 modifies the CreateDevice call to force the application window associated with application 102 into windowed mode, step 808, [0069] notes once the application window is in windowed mode, the image capturing component 104 resizes the application window associated with the application 102 to match the display area managed by browser 108, e.g. may issue a Windows API SetWindowPos call to change the size and/or position of the application window associated with application 102) and transmitting the modified first command to the graphics API (Figure 5, step 508, [0059] notes image capturing component 104 issues the modified ShowWindow call to graphics functions 106; Figure 7, step 706; Figure 8, step 806, [0068] notes after modifying the CreateDevice call, image capturing component 104 issues the modified CreateDevice call to graphics function 106); determining that a second command in the multiple commands does not target on-screen data; and in response to at least the determination that the second command does not target on-screen data (e.g. function call intercepted, e.g. Figure 6, MoveWindow call and/or Figure 9, Present call, where it is considered these calls targets “off-screen data,” different from “on-screen data” described above)(step 410, further described in Figure 6, step 602, [0061] notes image capturing component 104 issues a Windows API MoveWindow call to specify a location for the application window associated with application 102; Figure 9, [0071] notes Present call to render image data stored in back buffer to the screen, e.g. off-screen data, step 904, [0072] notes image capturing component 104 hooks Present call, step 906, in response to hooking the Present call, image capturing component 104 captures the image data to be rendered, e.g. captures directly from back buffer 112 and/or copies the image data from back buffer 112 to off-screen surface 114 and captures the image data from off-screen surface 114, [0073]), transmitting the second command unmodified to the graphics API (Figure 6, step 604, [0062] notes upon issuance of the MoveWindow call, the application window associated with the application 102 is moved to an off-screen location not visible to the user using the coordinates specified in the MoveWindow call, Figure 9, step 908, [0074] notes image capturing component 104 transfers the captured image data to software component 110 of browser 108 for rendering, step 910, [0075] notes software component 110 renders the image data to a display area managed by browser 108);
Abdo et al. (US 2011/0227935) disclose a system and method of modifying graphical elements, e.g. receiving multiple commands and modifying via a set of modification parameters to render a modified graphics element (see at least Figure 5 and associated text); and
Swift et al. (US 2008/0303835) disclose a system and method of serializing command streams for graphics processors.
Although the prior art cited above disclose similar features of the claimed invention as outlined above, the prior art cited fails to explicitly teach the limitations of independent claims 1, 9, and 16 as recited as a whole (where portions not explicitly taught are denoted in italics).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m.
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, King Y. Poon can be reached at (571)272-7440. 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.
/JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617