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 .
Double Patenting (Non-Statutory)
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Double patenting between App. 18/804,462 and US Patent No. 11,481,941 B2
Claims 1, 2, 4-6, 8-11, and 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-6, 8-11, and 13-17 of U.S. Patent No. 11,481,941 B2 in view of Holzer (US 2018/0227482 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of US Patent No. 11,481,941 B2, to use the scene-aware visual effect features of Holzer to allow the user functions for scene-aware selection of filters and effects for visual digital media content where modified elements such as objects in a scene can be edited more efficiently in complex content such as videos and multi-views for improving user editing experiences.
Application 18/804,462
U.S. Patent No. 11,481,941 B2
Claim 1
Claim 1 + Holzer
Claim 2
Claim 2 + Holzer
Claim 3
Claim 4
Claim 4 + Holzer
Claim 5
Claim 5 + Holzer
Claim 6
Claim 6 + Holzer
Claim 7
Claim 8
Claim 8 + Holzer
Claim 9
Claim 9 + Holzer
Claim 10
Claim 10 + Holzer
Claim 11
Claim 11 + Holzer
Claim 12
Claim 13
Claim 13 + Holzer
Claim 14
Claim 14 + Holzer
Claim 15
Claim 15 + Holzer
Claim 16
Claim 16 + Holzer
Claim 17
Claim 17 + Holzer
Claim 18
Double patenting between App. 18/804,462 and US Patent No. 12,086,913 B2
Claims 1, 2, 4-6, 8-11, and 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-6, 8-11, and 13-17 of U.S. Patent No. 12,086,913 B2 in view of Holzer (US 2018/0227482 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of US Patent No. 12,086,913 B2, to use the scene-aware visual effect features of Holzer to allow the user functions for scene-aware selection of filters and effects for visual digital media content where modified elements such as objects in a scene can be edited more efficiently in complex content such as videos and multi-views for improving user editing experiences.
Application 18/804,462
U.S. Patent No. 12,086,913 B2
Claim 1
Claim 1 + Holzer
Claim 2
Claim 2 + Holzer
Claim 3
Claim 4
Claim 4 + Holzer
Claim 5
Claim 5 + Holzer
Claim 6
Claim 6 + Holzer
Claim 7
Claim 8
Claim 8 + Holzer
Claim 9
Claim 9 + Holzer
Claim 10
Claim 10 + Holzer
Claim 11
Claim 11 + Holzer
Claim 12
Claim 13
Claim 13 + Holzer
Claim 14
Claim 14 + Holzer
Claim 15
Claim 15 + Holzer
Claim 16
Claim 16 + Holzer
Claim 17
Claim 17 + Holzer
Claim 18
Allowable Subject Matter
Claims 1-18 are objected to as being dependent upon a rejected base claim, but would be allowable if the obviousness type double patenting rejections listed above are resolved. The following is a statement of reasons for the indication of allowable subject matter:
In regards to independent claim 1, none of the cited prior art alone or in combination provides motivation to teach “apply the special effect to the auxiliary display content such that at least one of the plurality of portions overlapping with the one or more objects is a non-overlay portion, at least another one of the plurality of portions overlapping with the one or more objects is an overlay portion, and the at least one portion overlapping with the portion of the background overlays the portion of the background; and, a transmitter arranged to send the auxiliary display content with the applied special effect to the end-user communication device” as the references only teach general overlay and highlighting techniques however, the references fail to explicitly disclose the above limitation with respect to defining a relationship between foreground and background in an input image and preserving the background image or portion during the special effect application process, in conjunction with the remaining limitations of claim 1 for the purpose of emphasizing an image.
In addition, there is no teaching, suggestion, or motivation found in the current references and none that can be inferred from the examiner’s own knowledge with respect to the current limitation.
In regards to independent claim 10, this claim recites limitations similar in scope to that of claim 1, and thus is objected to under the same rationale as provided above.
In regards to dependent claims 2-9 and 11-18, these claims depend from objected to base claims 1 and 10, and thus are objected to under the same rationale as provided above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the Notice of References Cited (PTO-892)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL M ROBINSON whose telephone number is (571)270-3526. The examiner can normally be reached 8am-5pm.
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, KENT CHANG can be reached at 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRELL M ROBINSON/Primary Examiner, Art Unit 2614