DETAILED ACTION
Double Patenting
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.
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Claims 1-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 2-18 and 20 of US Patent # US 12094044 B2.
Table 1 illustrates the conflicting claim pairs:
Present Application
1
2-17
18
US Patent #12094044
14
2-13, 15-18
20
Table 2 illustrates the conflicting claim pair with mapping, with the differences shown in bold form.
Claim 1 of present App.
Claim 14 of US 12094044 B2
A method for generating an animation from a static image, the method comprising:
A method for generating an animation from a static image, the method comprising:
identifying a scene category, a plurality of objects, and a plurality of scene attributes based on the static image;
analyzing, by a scene and context analysis circuit, the static image for determining a scene category, a plurality of objects, and a plurality of scene attributes;
identifying relevance of the plurality of objects with respect to the static image;
identifying, by the scene and context analysis circuit, a user context; identifying association between the plurality of objects and relevance of the plurality of objects with respect to the static image;
identifying correlation among the plurality of objects based on the identified relevance of the plurality of objects, and the plurality of scene attributes;
determining, by an object correlator of an animation selection circuit, correlation among the plurality of objects based on the identified association and relevance of the plurality of objects, and the plurality of scene attributes;
identifying a movement area of the plurality of objects based on the correlation, the plurality of scene attributes and the scene category, wherein the movement area is an area of animation for movable objects of the plurality of objects;
analyzing, by a movement area identifier of the animation selection circuit, a movement area of the plurality of objects based on the correlation, the plurality of scene attributes and the scene category, wherein the movement area is an area of animation for movable objects of the plurality of objects;
identifying at least one of object of the plurality of objects based on the movement area, the scene attributes and a user context;
prioritizing, by an object prioritizer of the animation selection circuit, at least one of the objects of the plurality of objects based on the analyzed movement area, the scene attributes and the user context;
identifying a displacement area for the at least one of the object of the plurality of objects, wherein the displacement area is an area for identifying the object within the static image;
identifying, by a displacement area identifier of a direction, speed and displacement circuit, a displacement area for the at least one of the prioritized objects of the plurality of objects, wherein the displacement area is an area for identifying the prioritized objects within the static image;
and generating the animation from the static image by animating and rendering the at least one of the object within the identified displacement area.
and animating and rendering, by a rendering circuit, the at least one of the prioritized objects within the identified displacement area for generating the animation from the static image.
As seen from the table all elements of claim 1 of application are anticipated by Claim 14 of US Patent # 12094044 with slight language variation as a boarder version, wherein the object prioritizer identifies at least one object.
In addition all elements of claims 2-17 of application are anticipated by claim 2-13, 15-18 of US Patent # 12094044 with slight language variation.
Claim 18 recites limitations similar in scope with limitations in claim 1 and therefore rejected under same rationale. Additionally claim 20 of Patent #12094044 teaches A non-transitory computer readable medium comprising instructions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTANA MARCIA ZALALEE whose telephone number is (571)270-1411. The examiner can normally be reached Monday- Friday 8:00am-4:30pm.
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/Sultana M Zalalee/ Primary Examiner, Art Unit 2614