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 Arguments
Claims 1, 3-4, 6, 8-9, 11-12, 14 and 16-20 are pending and the examiner has removed the double patenting rejection.
The applicant argues: Amended claim 1 recites a method for processing images and now explicitly requires that the method be "implemented by a device comprising a processor and a memory". This amendment anchors the claimed method in a specific hardware machine, removing it from the category of software instructions or purely mental steps.
The examiner disagrees because regarding claims 1, 9 and 17, the processor and memory are included the preamble only and are not described as performing the steps.
Claim Rejections - 35 USC § 101
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 1, 3-4, 6, 8-9, 11-12, 14 and 16-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 is directed to a method for processing images…comprising a processor and a memory with the steps of: acquiring, acquiring, generating, displaying, determining and cropping, performing, cropping, determining, cropping and outpainting which are nothing more than software instructions. Software instructions are non-statutory under 35 U.S.C. 101.
Claims 3-4, 6 and 8 depend from claim 1 and contain further steps, for example claim 3 comprises the steps of performing, determining and determining therefore claims 3-4, 6 and 8 are rejected under the same rationale as claim 1.
Claim 9 is directed to a method for sharing content, applicable to a second display device comprising a processor and a memory comprising the steps of: acquiring, generating, sending, generating, determining, cropping, performing, cropping, determining, cropping and outpainting therefore claim 9 has the same problem as claim 1, and is rejected under the same rationale.
Claims 11-12, 14 and 16 depend from claim 9 and comprise further steps, for example, claim 11 comprises the steps of performing, determining and determining, therefore claims 11-12, 14 and 16 are rejected under the same rationale as claim 9.
Claim 17 is directed to method for sharing content, applicable to a server, comprising a processor and memory comprising the steps of acquiring, acquiring, generating, controlling, generating, determining and cropping, performing, cropping, determining, cropping and outpainting therefore claim 17 has the same problem as claim 1 and is rejected under the same rationale.
Claims 18-20 depend from claims 1, 9 and 17 respectively and have not been rejected under 101 because they contain processor in the body of the claims to run the computer program stored in the memory.
Allowable Subject Matter
Claims 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 18-20, the prior art doesn’t teach:
18. (Original) A device for processing images, comprising a processor and a memory;
wherein the memory is configured to store a computer program; and
the processor is configured to run the computer program stored in the memory to perform the method as defined in claim 1.
19. (Original) A terminal device, comprising a processor and a memory; wherein the memory is configured to store a computer program; and
the processor is configured to run the computer program stored in the memory to perform the method as defined in claim 9.
20. (Original) An electronic device, comprising a processor and a memory; wherein the memory is configured to store a computer program; and
the processor is configured to run the computer program stored in the memory to perforn the method as defined in claim 17.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
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