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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/13/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Preliminary Amendments
Claims 2- 3, 5-17, 19 and 20 have been amended. Therefore, claims 1-20 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5 and 11 lacks antecedent basis for the limitation of “the graphics editing tool.” Independent claims 1 and 8 recites a “spot healing tool” and a “graphical editing application,” but does not recite a “graphic editing tool.”
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.
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 nonstatutory double patenting as being unpatentable over claims 1-17 and 20 of U.S. Patent No. 12,106,408 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 1-20 of instant app# 18/815,061 as being anticipatory over claims 1-17 and 20 of U.S. Patent No12,106,408 B2.
US PAT: 12,106,408 B2
US App# 18/815,061
1. A computer-implemented method, the method comprising:
accessing an image, wherein the image is associated with a graphics editing application;
and communicating the tool tutorial data file to cause rendering of the tool tutorial data file.
based on the image, determining whether a spot healing tool workflow is applicable to the image, wherein determining whether the spot healing tool workflow is applicable to the image is based on analyzing whether tool parameters with placeholders in a tool tutorial shell can be generated for the image,
based on the tool parameters and the image, automatically generating a tool tutorial data file associated with the spot healing tool
wherein automatically generating the tutorial data file is based on integrating the tool parameters and image data of the image into the tool tutorial shell that supports generating content-adaptive tool tutorials specific to image data of images and their corresponding tool parameters;
wherein the spot healing tool workflow comprises a set of processing steps of a spot healing tool, wherein when the spot healing tool workflow is not applicable to the image, a content-adaptive tutorial is not generated for the image, and when the spot healing tool workflow is applicable to the image, the content-adaptive tutorial is generated for the image,
the tool parameters are associated with detecting a face, executing skin area pruning, and detecting one or more spots;
based on determining that the spot healing tool workflow is applicable to the image, generating the tool parameters based on executing the set of processing steps of the spot healing tool workflow, wherein generating the tool parameters is based on the one or more spots of the image and the one or more healing source regions;
1. A computer-implemented method, the method comprising:
providing an interface for receiving tutorial information, wherein the tutorial information comprises an image associated with a graphics editing application including a spot healing tool;
communicating tutorial information to cause generation of a tool tutorial data file, wherein generating the tool tutorial data file is based on:
determining that a spot healing tool workflow is applicable to the image based on identifying tool parameters with placeholders in a tool tutorial shell that is associated with the image; and generating the tool parameters based on executing a set of processing steps of the spot healing tool;
based on causing generation of the tool tutorial data file, receiving the tool tutorial data file; and causing rendering of the tool tutorial data file.
4. The method of claim 1, wherein the set of tool processing steps further comprises: detecting the face in the image; identifying a plurality of facial landmark points of the face; based on the face and the plurality landmark, executing skin area pruning on the image; detecting the one or more spots on the image; generating a mask for the one or more spots of the image; identifying the one or more healing-source regions of the image, wherein the one or more healing-source regions support healing corresponding one or more spots of the image; and generating the tool parameters based on the one or more spots of the image and the one or more healing-source regions, wherein the tool parameters are healing parameters for the spot healing tool.
2. wherein the tool parameters area associated with detecting a face, executing skin area pruning, and detecting one or more spots.
2. The method of claim 1, wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of a tool workflow of the graphics editing tool.
3. The method of claim 1, wherein generating the tool parameters based on the set of tool processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image.
3. The method of claim 1, wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of the spot healing tool workflow, wherein generating the tool parameters based on the set of tool processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image.
4. The method of claim 1, wherein the set of tool processing steps further comprises: detecting the face in the image; identifying a plurality of facial landmark points of the face; based on the face and the plurality landmark, executing skin area pruning on the image; detecting the one or more spots on the image; generating a mask for the one or more spots of the image; identifying the one or more healing-source regions of the image, wherein the one or more healing-source regions support healing corresponding one or more spots of the image; and generating the tool parameters based on the one or more spots of the image and the one or more healing-source regions, wherein the tool parameters are healing parameters for the spot healing tool.
4. wherein the set of tool processing steps further comprises: detecting the face in the image; identifying a plurality of facial landmark points of the face; based on the face and the plurality landmark, executing skin area pruning on the image; detecting the one or more spots on the image; generating a mask for the one or more spots of the image; identifying the one or more healing-source regions of the image, wherein the one or more healing-source regions support healing corresponding one or more spots of the image; and generating the tool parameters based on the one or more spots of the image and the one or more healing-source regions, wherein the tool parameters are healing parameters for the spot healing tool.
5. The method of claim 1, wherein automatically generating the tool tutorial data file is based on integrating the tool parameters and image data of the image into the tool tutorial shell associated with the graphics editing tool.
6. The method of claim 1, wherein integrating the tool parameters and the image into the tool tutorial shell further comprises: accessing the tool tutorial shell, wherein the tool tutorial shell is in a portable tutorial format comprising chapters or sections of tutorial steps; and generating the tool tutorial data file based on mapping the tutorial steps to the tool parameters and image data of the image.
5. The method of claim 1, wherein generating the tool tutorial data file is based on integrating the tool parameters and image data of the image into the tool tutorial shell associated with the graphics editing tool, wherein integrating the tool parameters and the image into the tool tutorial shell further comprises: accessing the tool tutorial shell, wherein the tool tutorial shell is in a portable tutorial format comprising chapters or sections of tutorial steps; and generating the tool tutorial data file based on mapping the tutorial steps to the tool parameters and image data of the image.
7. The method of claim 1, wherein causing the rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met; or wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphics editing application based on: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
6. The method of claim 1, wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphic s editing application based on: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
7. The method of claim 1, wherein causing the rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met; or wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphics editing application based on: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
7. The method of claim 1, wherein causing the rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met
Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 1-20 of instant app# 18/815,061 as being anticipatory over claims 1-17 and 20 of U.S. Patent No. 10,951,043 B2.
Examiner Note
The examiner notes that a spot healing tool is type of editing tool for fixing blemishes. A blemish and distractor tool are another terms for a spot healing tool.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-11, 13-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US PGPUB: 20190287197, Filed Date: Mar. 19, 2018) in view of Gupta (US PGPUB: 20200167893, Filed Date: Nov. 28, 2018, hereinafter “Gupta-893”).
Regarding independent claim 1, Chang teaches: A computer-implemented method, the method comprising:
providing an interface for receiving tutorial information, (Chang − [0026] For example, the systems and techniques provide a user interface(s) within a software application to enable users to learn about application features of a given software application, from within a context of the software application itself.) wherein the tutorial information comprises an image associated with a graphics editing application (Chang − [0028] software application may be an editing application for editing image or video files (graphics editing application))
communicating tutorial information to cause generation of a tool tutorial data file, wherein generating the tool tutorial data file is based on: (Chang – [0013] portable tutorial format (PTF) file. [0029] The PTF file, executable code that may be provided for execution to the native instruction service of the editing application. In this way, a user may be provided with integrated, interactive, step-by-step instructions for performing the type of image editing desired, from within a context of the editing application itself. Fig. 10 example of PTF file (tool tutorial data file))
based on identifying tool parameters with placeholders in a tool tutorial shell that is associated with the image; (Chang – [0057] Further in FIG. 1, a feature extractor 146 may be configured to identify any and all application features of the software application 108 that may be relevant to one or more of the PTF files 142. [0058] The resulting features may then be used by a feature mapper 148 with respect to a particular PTF file of the PTF files 142. For example, as described in detail below, the feature mapper 148 may be configured to analyze a PTF file and determine references to included menu commands, or tool names, or other application features of the application 108. In particular, it will be appreciated that such references may not use a proper or complete name of corresponding application features. [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1.)
and generating the tool parameters based on causing generation of the tool tutorial data file, receiving the tool tutorial data file; (Chang – [0064] Fig. 2 the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
and causing rendering of the tool tutorial data file. (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Chang does not explicitly teach: a spot healing tool;
However, Gupta-893 teaches: including a spot healing tool; (Gupta-893 − [0009] [0037] As used herein, spot healing edits refers to edits made to an object in a source image to remove blemishes and other imperfections. For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph. [0046] The application 108 and the spot healing tool 114 may implement the process 200 of FIG. 2,)
determining that a spot healing tool workflow is applicable to the image (Gupta-893 − [0009] The face is detected in the source image including detecting facial feature points in the source image. The face is identified in the target image including detecting facial feature points in the target image. Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image. Region correspondence is determined between regions of the source image and regions of the target image using the facial feature point correspondence. The healing region of the face in the source image is transformed to a corresponding region of the face in the target image using the region correspondence.)
based on executing a set of processing steps of the spot healing tool; (Gupta-893 – [0009] [0037] As used herein, spot healing edits refers to edits made to an object in a source image to remove blemishes and other imperfections. For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph. [0046] The application 108 and the spot healing tool 114 may implement the process 200 of FIG. 2,)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 2, depends on claim 1, Chang does not explicitly teach: wherein the tool parameters area associated with detecting a face, executing skin area pruning,
Gupta−893 teaches: wherein the tool parameters area associated with detecting a face, executing skin area pruning, and detecting one or more spots. (Gupta-893 − [0009] According to one general aspect, systems and techniques for propagating spot healing edits from a source image to a target image includes receiving a source image depicting a face with a healing region and a target image depicting the face. The face is detected in the source image including detecting facial feature points in the source image. [0037] For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 3, depends on claim 1, Chang teaches: wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of the spot healing tool workflow, (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
wherein generating the tool parameters based on the set of tool processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image. (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
Regarding dependent claim 4, depends on claim 1, Chang does not explicitly teach: identifying a plurality of facial landmark points of the face; based on the face and the plurality landmark,
However, Gupta-893 teaches: wherein the set of tool processing steps further comprises: detecting the face in the image; (Gupta-893 − [0009] The face is detected in the source image including detecting facial feature points in the source image. The face is identified in the target image including detecting facial feature points in the target image. Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image. Region correspondence is determined between regions of the source image and regions of the target image using the facial feature point correspondence. The healing region of the face in the source image is transformed to a corresponding region of the face in the target image using the region correspondence.)
identifying a plurality of facial landmark points of the face; based on the face and the plurality landmark, (Gupta-893 − [0009] Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image.)
executing skin area pruning on the image; detecting the one or more spots on the image; (Gupta-893 − [0009] According to one general aspect, systems and techniques for propagating spot healing edits from a source image to a target image includes receiving a source image depicting a face with a healing region and a target image depicting the face. The face is detected in the source image including detecting facial feature points in the source image. [0037] For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
generating a mask for the one or more spots of the image; (Gupta-893 − [0019] FIG. 6 is an example image of a target image. Target image has element 602 with spot blemish.)
identifying the one or more healing-source regions of the image, wherein the one or more healing-source regions support healing corresponding one or more spots of the image; (Gupta-893 − [0037] As used herein, spot healing edits refers to edits made to an object in a source image to remove blemishes and other imperfections. For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
and generating the tool parameters based on the one or more spots of the image and the one or more healing-source regions, wherein the tool parameters are healing parameters for the spot healing tool. (Gupta-893 − [0046] The application 108 and the spot healing tool 114 may implement the process 200 of FIG. 2,)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 5, depends on claim 1, Chang teaches: generating the tool tutorial data file is based on integrating the tool parameters and image data of the image into the tool tutorial shell associated with the graphics editing tool, (Chang – [0013] portable tutorial format (PTF) file. [0029] The PTF file, executable code that may be provided for execution to the native instruction service of the editing application. In this way, a user may be provided with integrated, interactive, step-by-step instructions for performing the type of image editing desired, from within a context of the editing application itself. Fig. 10 example of PTF file (tool tutorial data file))
wherein integrating the tool parameters and the image into the tool tutorial shell further comprises: accessing the tool tutorial shell, (Chang − [0064] In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” Different steps in the tutorial are the sections of the tutorial step.)
wherein the tool tutorial shell is in a portable tutorial format comprising chapters or sections of tutorial steps; ; (Chang − [0064] In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” Different steps in the tutorial are the sections of the tutorial step.)
and generating the tool tutorial data file based on mapping the tutorial steps to the tool parameters and image data of the image. (Chang − [0058] The resulting features may then be used by a feature mapper 148 with respect to a particular PTF file of the PTF files 142. For example, as described in detail below, the feature mapper 148 may be configured to analyze a PTF file and determine references to included menu commands, or tool names, or other application features of the application 108. In particular, it will be appreciated that such references may not use a proper or complete name of corresponding application features.)
Regarding dependent claim 7, depends on claim 1, Chang teaches: wherein causing the rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met. (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Regarding independent claim 8, is directed to system. Claim 8 have similar/same technical features/limitations as claim 1 and claim 8 is rejected under the same rationale.
Regarding dependent claim 9, depends on claim 8, Chang does not explicitly teach: wherein the tool parameters area associated with detecting a face, executing skin area pruning,
Gupta−893 teaches: wherein the tool parameters area associated with detecting a face, executing skin area pruning, and detecting one or more spots. (Gupta-893 − [0009] According to one general aspect, systems and techniques for propagating spot healing edits from a source image to a target image includes receiving a source image depicting a face with a healing region and a target image depicting the face. The face is detected in the source image including detecting facial feature points in the source image. [0037] For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 10, depends on claim 8, Chang teaches: wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of the spot healing tool workflow, (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
wherein generating the tool parameters based on the set of tool processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image. (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
Regarding dependent claim 11, depends on claim 8, Chang teaches: generating the tool tutorial data file is based on integrating the tool parameters and image data of the image into the tool tutorial shell associated with the graphics editing tool, (Chang – [0013] portable tutorial format (PTF) file. [0029] The PTF file, executable code that may be provided for execution to the native instruction service of the editing application. In this way, a user may be provided with integrated, interactive, step-by-step instructions for performing the type of image editing desired, from within a context of the editing application itself. Fig. 10 example of PTF file (tool tutorial data file))
wherein integrating the tool parameters and the image into the tool tutorial shell further comprises: accessing the tool tutorial shell, (Chang − [0064] In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” Different steps in the tutorial are the sections of the tutorial step.)
wherein the tool tutorial shell is in a portable tutorial format comprising chapters or sections of tutorial steps; ; (Chang − [0064] In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” Different steps in the tutorial are the sections of the tutorial step.)
and generating the tool tutorial data file based on mapping the tutorial steps to the tool parameters and image data of the image. (Chang − [0058] The resulting features may then be used by a feature mapper 148 with respect to a particular PTF file of the PTF files 142. For example, as described in detail below, the feature mapper 148 may be configured to analyze a PTF file and determine references to included menu commands, or tool names, or other application features of the application 108. In particular, it will be appreciated that such references may not use a proper or complete name of corresponding application features.)
Regarding dependent claim 13, depends on claim 8, Chang teaches: wherein causing the rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met. (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Regarding independent claim 14, is directed to a computing system having a processor and memory. Claim 14 have similar/same technical features/limitations as claim 1 and claim 14 is rejected under the same rationale.
Regarding dependent claim 15, depends on claim 14, Chang does not explicitly teach: wherein the tool parameters area associated with detecting a face, executing skin area pruning,
Gupta−893 teaches: wherein the tool parameters area associated with detecting a face, executing skin area pruning, and detecting one or more spots. (Gupta-893 − [0009] According to one general aspect, systems and techniques for propagating spot healing edits from a source image to a target image includes receiving a source image depicting a face with a healing region and a target image depicting the face. The face is detected in the source image including detecting facial feature points in the source image. [0037] For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 16, depends on claim 14, Chang teaches: wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of the spot healing tool workflow, (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
wherein generating the tool parameters based on the set of tool processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image. (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
Regarding dependent claim 17, depends on claim 14, Chang teaches: wherein the tool tutorial shell comprises distinct portions corresponding to tutorials steps that are integrated with the tool parameters and image data of the image, wherein a tool parameter is a measurable identifier having a quantified value for one or more steps of the set of processing steps of the spot healing tool workflow, (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
wherein generating the tool parameters based on the set of processing steps comprises: accessing a measurable identifier of a tool parameter, wherein the measurable identifier corresponds to one or more steps of the set of processing steps; and determining a quantified value for the measurable identifier based on executing the one or more steps on image data of the image. (Chang – [0064] FIG. 2 illustrates screenshots of an example implementation of the system 100 of FIG. 1. In the example of FIG. 2, a tutorial webpage 202 is illustrated, and represents, e.g., the tutorial 118 of FIG. 1. In the example of FIG. 2, the tutorial webpage 202 includes a plurality of steps of one or more procedures described by the tutorial, including a step 204 illustrated in FIG. 2 as “step 3.” As referenced above with respect to FIG. 1, the tutorial webpage 202 also may include a plurality of advertisements and other ancillary content, represented in FIG. 2 by an example advertisement 206. Further, the tutorial content may include an image, video, audio, or other type of file that may be an example of the subject matter of the tutorial in question, represented by an image file 208.)
Regarding dependent claim 18, depends on claim 14, Chang does not explicitly teach: wherein the set of processing steps comprises: detecting the face in the image; identifying a plurality of facial landmark points of the face;
However, Gupta-893 teaches: wherein the set of processing steps comprises: detecting the face in the image; (Gupta-893 − [0009] The face is detected in the source image including detecting facial feature points in the source image. The face is identified in the target image including detecting facial feature points in the target image. Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image. Region correspondence is determined between regions of the source image and regions of the target image using the facial feature point correspondence. The healing region of the face in the source image is transformed to a corresponding region of the face in the target image using the region correspondence.)
identifying a plurality of facial landmark points of the face; (Gupta-893 − [0009] Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image.)
based on the face and the plurality landmark, executing skin area pruning on the image; (Gupta-893 − [0009] Facial feature point correspondence is determined between the facial feature points of the source image and the facial feature points of the target image.)
detecting the one or more spots on the image; (Gupta-893 − [0009] According to one general aspect, systems and techniques for propagating spot healing edits from a source image to a target image includes receiving a source image depicting a face with a healing region and a target image depicting the face. The face is detected in the source image including detecting facial feature points in the source image. [0037] For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
generating a mask for the one or more spots of the image; (Gupta-893 − [0019] FIG. 6 is an example image of a target image. Target image has element 602 with spot blemish.)
identifying the one or more healing-source regions of the image, wherein the one or more healing-source regions support healing corresponding one or more spots of the image; (Gupta-893 − [0037] As used herein, spot healing edits refers to edits made to an object in a source image to remove blemishes and other imperfections. For example, spot healing edits may be made to an object, such as a face, in a photograph to remove blemishes and other imperfections in the photograph.)
and generating the tool parameters based on the one or more spots of the image and the one or more healing-source regions, wherein the tool parameters are healing parameters for the spot healing tool. (Gupta-893 − [0046] The application 108 and the spot healing tool 114 may implement the process 200 of FIG. 2,)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, and Gupta-893 as each inventions relates to generating interactive tutorial and integrating within an image editing application. One of ordinary skill in the art would have incorporated the spot-healing workflow of Gupta-893 into the tutorial framework of Chang in order to provide tutorial guidance for performing spot-healing operation on images, yielding the predictable results of improving the aesthetic quality of images using known image-editing tools.
Regarding dependent claim 20, depends on claim 14, Chang teaches: wherein causing rendering of the tool tutorial data file is based on selectively rendering the tutorial data file based on determining that at least one of a plurality of user-based selective rendering conditions has been met(Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Claims 6, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Gupta-893 as applied to claims 1, 8, and 14 above, and further in view of Farrell ( US PGPUB: 20130179256, Filed Date: Jan. 11, 2012, hereinafter “Farrell”).
Regarding dependent claim 6, depends on claim 1, Chang teaches: wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphic s editing application based on: (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Chang does not explicitly teach: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
However, Farrell teaches: determining that the user is a freemium user and the user clicks on a particular editing tool; (Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414. The starter application is free/trial version.)
determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool. Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, Gupta-893, and Farrell as each inventions relates to generating interactive tutorial and integrating into a software application. Adding the teaching of Farrell provides Chang with the ability to help a user select a full version to provide additional editing functions. Therefore, providing the benefit of improving the aesthetic of an image using software editing tools.
Regarding dependent claim 12, depends on claim 8, Chang teaches: wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphic s editing application based on: (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Chang does not explicitly teach: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
However, Farrell teaches: determining that the user is a freemium user and the user clicks on a particular editing tool; (Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414. The starter application is free/trial version.)
determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool. Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, Gupta-893, and Farrell as each inventions relates to generating interactive tutorial and integrating into a software application. Adding the teaching of Farrell provides Chang with the ability to help a user select a full version to provide additional editing functions. Therefore, providing the benefit of improving the aesthetic of an image using software editing tools.
Regarding dependent claim 19, depends on claim 14, Chang teaches: wherein the tool tutorial data file is caused to be generated and then rendered on an interface that is integrated with the graphic s editing application based on: (Chang − [0041] the tutorial 118 may be customized for the specific user, or class of user (e.g., a novice, intermediate, or advanced user), and/or may be customized based on the type of instruction being given (e.g., image editing for highspeed photography, or other specific context). Type of user is a condition for determining how to render the PTF (tutorial data file).)
Chang does not explicitly teach: determining that the user is a freemium user and the user clicks on a particular editing tool; determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool.
However, Farrell teaches: determining that the user is a freemium user and the user clicks on a particular editing tool; (Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414. The starter application is free/trial version.)
determining that the user has not tried a particular tool after a certain duration; or determining that a user is facing challenges while using a particular tool. Farrell − Operation 408 determines the user is clicking a function that are only available in the full version. For example, a spreadsheet program may not allow the full capabilities of manipulating tables, or a word processing program may not allow the full capabilities for editing styles or using templates. Once the solicitation logic 220a in operation 412 determines that the currently invoked functions are related to functions only available in the full version, the solicitation logic 220a. could inform the user of the availability of these functions in the full version in operation 414.)
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Chang, Gupta-893, and Farrell as each inventions relates to generating interactive tutorial and integrating into a software application. Adding the teaching of Farrell provides Chang with the ability to help a user select a full version to provide additional editing functions. Therefore, providing the benefit of improving the aesthetic of an image using software editing tools.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL E BARNES JR whose telephone number is (571)270-3395. The examiner can normally be reached Monday-Friday 9am-6pm.
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/CARL E BARNES JR/Examiner, Art Unit 2178
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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