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
This Office Action is in response to Application's amendment/response filed on 06/04/2026, which has been entered and made of record.
Claim 21 has been added.
Claim 20 has been cancelled.
Claims 1-19 and 21 are pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim 1 regarding the newly-added limitation of a customization for a first and second mobile device display have been considered but are moot in view of the new grounds of rejection represented in this Office Action.
Claim Rejections - 35 USC § 103
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.
Claims 1-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hunsmann et al. (US 20230129243 A1) (Hereinafter referred to as Hunsmann) in view of Lin et al. (US 20210272253 A1) (Hereinafter referred to as Lin) and in further view of Gan et al. (US 20160048296 A1) (Hereinafter referred to as Gan).
Regarding Claim 1, Hunsmann discloses A first electronic device, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the first electronic device to: (See [0074], “The machine 1500 may comprise, but not be limited to, a server computer, a client computer, a personal computer (PC) . . .” Also see [0075], “The machine 1500 may include processors 1502, memory 1504, and . . .”)
generate, for a first user, a customization for the first user based at least in part on an appearance of the first user in the image; (See [0006], “A system is disclosed that analyzes a digital image of a person's face (e.g., from a selfie) for color and facial features or characteristics to derive a set of colors and patterns that complement and enhance the person's look when applied to clothing products worn by the person.” In this case, a set of colors and patterns that complement and enhance the person's look would correspond to “a customization” for the first user based at least in part on an appearance of the first user in the image.)
However, Hunsmann fails to explicitly disclose obtain an image including multiple users;
detect two or more users of the multiple users that are included in the image;
generate, for a first user of the two or more users, a customization of a first mobile device display for the first user based at least in part on an appearance of the first user in the image;
generate, for a second user of the two or more users, a customization of a second mobile device display for the second user based at least in part on an appearance of the second user in the image;
communicate an indication of the customization of a first second device display for the second user to a second electronic device associated with the second user.
Lin teaches obtain an image including multiple users; (See [0038], “Further, in some implementations, the act 102 can include the image merging system identifying faces of each of the people in the received images.” Also see Fig. 2 showing images with multiple users.)
detect two or more users of the multiple users that are included in the image; (See [0047], “For instance, the face detection model 204 is a face detection neural network trained to identify and isolate faces of persons within each of the images.”)
generate, for a first user of the two or more users, a customization for the first user based at least in part on an appearance of the first user in the image; (See [0065], “For example, the image merging system analyzes the facial features of each detected face and generates a face descriptor based on the result of the analysis.” In combination with Hunsmann [0006] teaching analyzing a person face to derive a set of colors and patterns (generating a customization for a user), and Lin teaches analyzing each face in the image with images being able to have more than one user, the above limitation is taught.)
generate, for a second user of the two or more users, a customization for the second user based at least in part on an appearance of the second user in the image; (See [0065] teaching analyzing each face in an image. See Hunsmann [0006] teaching analyzing a person face to derive a set of colors and patterns. In this case, the combination of Lin teaching multiple faces and Hunsmann teaching generating a set of colors and patterns based on analyzing a face would resulting in the limitation of generating a customization for a second user when there are a first and second user in an image.)
communicate an indication of the customization for the second user to a second electronic device associated with the second user. (See [0166], “In various implementations, the series of acts 1400 includes the act of providing the merged first image with the first person and the second person to a client device associated with a user.”
In one common scenario, the “client device associated with a user” could be a second electronic device associated with the second user. In combination with Hunsmann, instead of providing a merged image, one would send the customization. Note that simply sending the customization would imply sending “an indication of the customization”.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hunsmann with Lin to include obtaining an image with multiple users and analyzing each face for generation purposes and then providing that to client device associated with one of the users.
However, Hunsmann in view of Lin still fails to explicitly disclose generate, for a first user of the two or more users, a customization of a first mobile device display for the first user based at least in part on an appearance of the first user in the image;
generate, for a second user of the two or more users, a customization of a second mobile device display for the second user based at least in part on an appearance of the second user in the image;
communicate an indication of the customization of the second mobile device display for the second user to a second electronic device associated with the second user.
Gan teaches generate, for a first user of the two or more users, a customization of a first mobile device display for the first user based at least in part on an appearance of the first user in the image; (See [0008], “In an embodiment, a user controls a pair of devices—a wearable electronic device, such as a watch (e.g., a smart watch) and a companion electronic device, such as a smartphone. The user takes a picture (of himself or herself or of something in the environment) with the companion electronic device. The companion electronic device transfers information about attributes of the image (or, in some embodiments, transfers the image itself) to the wearable electronic device. The wearable electronic device changes its appearance based on one or more attributes of the image, including the color and the identity of objects in the picture. For example, if the wearable electronic device is a watch and the user is wearing pink, the watch could change its display to pink or to a complimentary color. If the user is wearing jeans (determined by object recognition, for example), the watch could change its display to a Western theme.”
Also see [0009], “In some embodiments, it is the companion electronic device (i.e., the device having the camera) that makes the decision as to whether to implement a particular display theme based on the image attributes. In other embodiments, it is the wearable electronic device that makes this decision. In either case, the companion electronic device may also implement a display theme based on the image attributes.”
In summary, Gan teaches to derive a display theme based on the attributes of a picture, like a selfie, as well as having a smartphone be able to implement that display theme. In this case, a display theme would directly correspond to “a customization of a first mobile device display”.)
generate, for a second user of the two or more users, a customization of a second mobile device display for the second user based at least in part on an appearance of the second user in the image; (See Gan [0008]-[0009] teaching to derive a display theme based on the attributes of a picture, like a selfie, and have a smartphone be able to implement that display theme.
In combination with Lin [0047] and [0065] already teaching that image can have multiple faces, and that one can identify, isolate, and analyze each face in the image, then the result would be “a customization of a second mobile display for the second user based at least in part on an appearance of the second user in the image”.)
communicate an indication of the customization of the second mobile device display for the second user to a second electronic device associated with the second user. (See Fig. 4 steps 412 – Wearable device implements a display theme, 414 – Wearable device transmits the display theme to the companion device, and 416 – Companion device implements the display theme. It should be noted that both of the devices are owned by the same user, however, the feature of transmitting the display theme between devices can still be applied.
In combination with Lin [0116] teaching to provide the merge image to a client device associated with a user (a second electronic device associated with the second user), instead of providing the merge image, one would send the display theme (the customization of the second mobile device display).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hunsmann in view of Lin with Gan to include having the customization be a customization of a mobile device display.
The motivation to combine Hunsmann in view of Lin with Gan would have been obvious as Gan is within the same field of analyzing image of users (See Abstract). Specifically having the customization be for a mobile device display is a purely design and cosmetic choice. The benefit of having the display theme taught by Gan is that it allows for user interface personalization, which is desired feature for users (See Gan [0002]).
Regarding Claim 2, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the customization for the first user in the image is different than the customization for the second user in the image. (See Hunsmann [0006] teaching analyzing a person face to derive a set of colors and patterns. Also see Lin [0065] teaching analyzing each face in an image (first and second user). Lastly, see Gan [0008] teaching to analyze the image of the selfie, and gives an example of a user wearing pink and the display theme being pink. Note that obviously, for different users having different appearances, the generated color and pattern would be different from one another. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 3, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the appearance of the first user in the image includes apparel worn by the first user in the image, and the appearance of the second user in the image includes apparel worn by the second user in the image. (See Gan [0008], “For example, if the wearable electronic device is a watch and the user is wearing pink, the watch could change its display to pink or to a complimentary color. If the user is wearing jeans (determined by object recognition, for example), the watch could change its display to a Western theme.” Also see Gan [0016], “At block 404, the companion device 200 acquires an image of the user 300 using the camera 212, either automatically or in response to user input (e.g., after prompting the user to take a self-portrait). At block 406, the companion device 200 analyzes the image to determine attributes of the image, such as the color of the clothing being worn by the user 300.”
In combination with Lin [0047] and [0065] already teaching that image can have multiple faces, and that one can identify and isolate each face in the image and analyze each face, then the above limitations are taught. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 4, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the first electronic device further comprises a display, the first user in the image is a user of the first electronic device, and (See Hunsmann [0074], “The machine 1500 may comprise, but not be limited to, a server computer, a client computer, a personal computer (PC) . . .” Note that a computer is commonly known to be an electronic device which comprises a display. Also see Hunsmann [0006], “A system is disclosed that analyzes a digital image of a person’s face (e.g., from a selfie)”)
the at least one processor is further configured to cause the first electronic device to customize the display of the first electronic device based at least in part on the customization for the first user in the image. (See Hunsmann [0006] teaching the customization.
See Gan [0018], “At block 412, the wearable device 100 implements a display theme based on the analysis conducted at block 410. . . the display theme is based on a predefined color theme that corresponds to a detected color palette of the user’s clothing determined from the image.” The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 5, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 4, wherein the at least one processor is further configured to cause the first electronic device to: identify a color within apparel worn by the first user in the image; and (See Gan [0018], “At block 412, the wearable device 100 implements a display theme based on the analysis conducted at block 410. . . the display theme is based on a predefined color theme that corresponds to a detected color palette of the user’s clothing determined from the image.”)
render a background image on the display that includes a similar color to the identified color within the apparel. (See Gan [0018], “At block 412, the wearable device 100 implements a display theme based on the analysis conducted at block 410. . . the display theme is based on a predefined color theme that corresponds to a detected color palette of the user’s clothing determined from the image.” Note that a display theme would correspond to a background image on the display. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 6, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the first electronic device further comprises an image capture system, and the at least one processor is further configured to cause the first electronic device to obtain the image by capturing the image with the image capture system. (See Hunsmann [0032], “Different smart phone cameras resulting in different picture qualities”.)
Regarding Claim 7, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the at least one processor is further configured to cause the first electronic device to communicate an indication of the customization for the first user to an electronic device associated with the first user. (See Hunsmann [0006] teaching analyzing a person’s face to derive a set of colors and patterns (customization).
See Lin [0166], “In various implementations, the series of acts 1400 includes the act of providing the merged first image with the first person and the second person to a client device associated with a user.”
See Gan Fig. 4 steps 412 – Wearable device implements a display theme, 414 – Wearable device transmits the display theme to the companion device, and 416 – Companion device implements the display theme. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 8, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the two or more users are less than all of the multiple users included in the image. (See Lin Fig. 2 showing the image having at least three users. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 9, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the at least one processor is further configured to cause the first electronic device to display a prompt for a user of the electronic device to select whether to have the indication of the customization for the second user communicated to the second electronic device associated with the second user. (See Lin [0166] providing the generated content to a client device associated with a user. Also see Lin [0126], “In alternative implementations, the image merging system provides a link to the merged image or a downloadable copy of the merged image to the user where the user can access, save, and/or share the merged image.” In this case, the process of creating a link to share the generated content can be considered as “to display a prompt for a user of the electronic device to select whether to have the indication of the customization for the second user communicated”. In combination with Hunsmann and Gan, instead of providing a link to a generated merged image, one would provide a link to the generated customization. The motivation to combine would have been similar that of Claim 1 rejection motivation.)
Regarding Claim 10, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 1, wherein the two or more users of the multiple users are associated with a user of the first electronic device. (See Lin [0075], “Additionally, or in the alternative, the image merging system communicates with a social networking system associated with the user to identify relationships (e.g., based on matching faces on the social networking site with those detected in the images).” Here, Lin teaches the ability to determine the relationship between the users and thus implying, in a common scenario, that the users are associated with each other. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 11, Hunsmann in view of Lin and Gan disclose The first electronic device of claim 10, wherein the two or more users are associated with the user of the first electronic device by being included in a contacts list of the user of the first electronic device or being part of a same collaborative space as the user of the first electronic device. (See Lin [0075], “Additionally, or in the alternative, the image merging system communicates with a social networking system associated with the user to identify relationships (e.g., based on matching faces on the social networking site with those detected in the images).” Note that users associated with a social networking system can be considered as being included in “a contacts list of the user of the first electronic device or being part of a same collaborative space as the user of the first electronic device”. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 12, Hunsmann in view of Lin and Gan disclose A method, comprising: (See Hunsmann Abstract, “Various embodiments described herein provide techniques for analyzing an image (e.g., a selfie) of a user with one or more pre-trained machine learned models, to detect facial characteristics of the user.”)
obtaining an image including multiple users; detecting two or more users of the multiple users that are included in the image; generating, for a first user of the two or more users, a customization of a first mobile device display for the first user based at least in part on an appearance of the first user in the image; generating, for a second user of the two or more users, a customization of a second mobile device display for the second user based at least in part on an appearance of the second user in the image; and communicating an indication of the customization of the second mobile device display for the second user to an electronic device associated with the second user. (The above limitations are similar to those of Claim 1 and are therefore rejected under a similar rationale as that of Claim 1.)
Regarding Claim 13, Claim 13 is similar to that of Claim 7 and is therefore rejected under a similar rationale as that of Claim 7.
Regarding Claim 14, Claim 14 is similar to that of Claim 8 and is therefore rejected under a similar rationale as that of Claim 8.
Regarding Claim 15, Claim 15 is similar to that of Claim 9 and is therefore rejected under a similar rationale as that of Claim 9.
Regarding Claim 16, Claim 16 is similar to that of Claim 10 and is therefore rejected under a similar rationale as that of Claim 10.
Regarding Claim 17, Hunsmann in view of Lin and Gan disclose A system, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the system to: (See Hunsmann [0006], “A system is disclosed that analyzes a digital image of a person's face (e.g., from a selfie) for color and facial features or characteristics to derive a set of colors and patterns”. Also see Hunsmann [0075], “The machine 1500 may include processors 1502, memory 1504, and . . .”)
capture an image including multiple users; detect two or more users of the multiple users that are included in the image; generate, for a first user of the two or more users, a customization of a first mobile device display for the first user based at least in part on an appearance of the first user in the image; generate, for a second user of the two or more users, a customization of a second mobile device display for the second user based at least in part on an appearance of the second user in the image; communicate an indication of the customization of the second mobile device display for the second user to an electronic device associated with the second user. (The above limitations are similar to those of Claim 1 and is therefore rejected under a similar rationale as that of Claim 1.)
Regarding Claim 18, Claim 18 is similar to that of Claim 3 and is therefore rejected under a similar rationale as that of Claim 3.
Regarding Claim 19, Claim 19 is similar to that of Claim 4 and is therefore rejected under a similar rationale as that of Claim 4.
Regarding Claim 21, Hunsmann in view of Lin and Gan disclose The system of claim 17, wherein the customization of the first mobile device display includes a customization of a lockscreen display. (See Gan [0009], “In either case, the companion electronic device may also implement a display theme based on the image attributes.”
Also see Gan [0002], “Users are now able to change color schemes, fonts, and background images of devices such cell phones and tablet computers. Generally, to customize the user interface, users need to select from various themes that are either provided by the electronic device “out of the box” or select from various image files that the user has acquired (e.g., by downloading).” Although not explicitly stated, a display theme would be commonly understood to also include a lockscreen display. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG G HUYNH whose telephone number is (571)272-5432. The examiner can normally be reached Mon-Thu 7:30am-4:30pm EST | Fri 7:30am-11:30am EST.
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/T.G.H./Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
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