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 .
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 of this title, 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 1-13, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong (CN113706664) in view of Zhu (WO2020000873).
Regarding Claim 1. Xiong teaches An image generation method (Xiong, [0001-0002], the invention describes marketing content generation method, system, and storage medium based on intelligent scene recognition. This method belongs to the field of image editing, and in particular to the generation method, system and storage medium of image content for marketing purposes involving scene recognition. … Flyers and promotional posters require basic skills in using Photoshop (image editing software) to design attractive static images. Marketing content presentation uses a combination of text, images, and colors to showcase the characteristics of the target audience.
Abstract, the method comprises the steps of collecting controls of scene preferences, title keywords, propaganda content keywords and picture elements, analyzing a scene template and a material template, and forming a scene parameter
set and a material parameter set; extracting scene preferences, title keywords, propaganda content keywords and picture elements; forming a user parameter set by
the scene pre-selected elements; respectively matching the user parameter set with the
scene template and the material parameter set, and forming a sequence of matching
degrees of the scene template and the material template through a clustering method;
according to the scheme, the matched scene templates and materials can be obtained
only by a simple title, content and picture uploading mode of a user, and compared with
a traditional mode, the scheme can reduce investment of manpower, time and cost.), comprising:
Xiong fails to explicitly teach, however, Zhu teaches merchandise image (Zhu, abstract, the invention describes a poster generating method and a poster generating system. The poster generating method comprising: receiving a poster generating request (S102); acquiring user information and order information of a user (S104); and generating a recommended poster according to the user information and order information (106). In the described method, the recommended poster comprises user
information, such as a user avatar, name, etc., thereby increasing the credibility of
recommending the poster; additionally, the poster is generated according to order information, which guarantees that products recommended to a user are definitely types of products which the user has already purchased, thus increasing the authenticity of recommending the poster. Therefore, by means of increasing the credibility and authenticity of a recommended poster, the effect on the sales promotion of the posters is also improved.
[0012] In the above technical solution, preferably, generating a recommendation poster based on user information and order information specifically includes: obtaining product information of all products in the order information; selecting product information of at least one product and obtaining recommendation information of the selected product; generating a recommendation poster based on the product information of the selected product, the recommendation information, and the user information.).
Xiong and Zhu are analogous art because they both teach method of generation product flyers based on user input. Zhu further teaches selecting at least one product to put on the poster. Therefore, it would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention, to modify the commercial product poster generation method (taught in Xiong), to further allow at least one product to be selected on the poster (taught in Zhu), so as to provide a more intuitive way of letting customers to endorse commercial products, downplaying the marketing aspect, and enhancing the fun of shopping (Zhu, [0005]).
The combination of Xiong and Zhu further teaches displaying an image editing interface, wherein a first merchandise image corresponding to a target merchandise is displayed in the image editing interface (Xiong, [0020] The preview editing interface 21 includes a user image display window 51, a scene display window 10, a title editing display window 31, a content editing display window 41, and a material display window 8. The content of the user image display window 51, the title editing display window 31, and the content editing display window 41 respectively inherits the content of the corresponding image control 5, title editing control 3, and content editing control 4 in the upload interface; and all of them can be further edited in the preview editing interface.
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determining a target scene to be added to the first merchandise image; and
displaying a second merchandise image that is randomly generated by the first
merchandise image and the target scene (Xiong, [0013], Step 6: Select the scene templates and material templates ranked first to 10 in Step 5 and display them in the editing interface;
[0014] Step 7: Users combine one of the scene templates and one of the material templates to create a user scene.
[0024] As shown in Figures 5 and 6, in order to give users more choices for material templates and scene templates, the preview and editing interface is equipped with a scene template preview bar 14 and a material template preview bar 13. The scene template preview bar 14 will display all recommended scene templates 10, and users can slide left and right to select the scene display window 10 that is not displayed. The material template preview bar 13 also provides a full display of material templates.).
Regarding Claim 2. The combination of Xiong and Zhu further teaches The method according to claim 1, wherein at least one scene template is displayed in the image editing interface, and determining the target scene to be added to the first merchandise image comprises:
determining, in response to a first selection operation in the at least one scene template, a target scene template corresponding to the first selection operation, and determining a target scene according to the target scene template (Xiong, [0008] Step 1: Set up the collection controls for title keywords, promotional content keywords, and image elements on the editing interface system, and pre-store scene templates and material templates on the server;
[0013] Step 6: Select the scene templates and material templates ranked first to 10 in Step 5 and display them in the editing interface;).
Regarding Claim 3. The combination of Xiong and Zhu further teaches The method according to claim 2, wherein determining the target scene according to the target scene template comprises:
determining a scene corresponding to the target scene template as the target scene; or
determining, when scene description information corresponding to the target scene template is displayed in the image editing interface, target description information corresponding to an editing operation in response to performing the editing operation on the scene description information, and
determining a scene corresponding to the target description information as the target scene (Xiong, [0009] Step 2: The image element recognition module parses the pre-stored scene templates and material templates to form a set of scene parameters and a set of material parameters that are easy for computers to compare.
[0010] Step 3: Extract the title keywords, promotional content keywords, and image elements filled in by the user through the collection control to form scene pre-selection elements;
[0011] Step 4: Add the scene pre-selected elements identified in Step 3 to the temporary storage unit to form a user parameter set;
[0012] Step 5: Match the user parameter set with the parameter sets of scene templates and materials stored on the server, and use a "clustering method" to sort the matching degree of scene templates and material templates.).
Regarding Claim 4. The combination of Xiong and Zhu further teaches The method according to claim 1, wherein at least one scene material is displayed in the image editing interface, and determining the target scene to be added to the first merchandise image comprises:
determining, in response to a second selection operation in the at least one scene material, a target scene material corresponding to the second selection operation, and determining a target scene according to the target scene material (Xiong, [0013] Step 6: Select the scene templates and material templates ranked first to 10 in Step 5 and display them in the editing interface;
[0014] Step 7: Users combine one of the scene templates and one of the material templates to create a user scene.
[n0004] Furthermore, to ensure the richness of the material library and scene templates, a material upload interface control is installed on the server for uploading third-party materials.
[0024] As shown in Figures 5 and 6, in order to give users more choices for material templates and scene templates, the preview and editing interface is equipped with a scene template preview bar 14 and a material template preview bar 13. The scene template preview bar 14 will display all recommended scene templates 10, and users can slide left and right to select the scene display window 10 that is not displayed. The material template preview bar 13 also provides a full display of material templates.
Therefore, it is obvious to a person with ordinary skill in the art that a user can use the GUI displayed in Figures 5 & 6 to apply different selections regarding scene template and/or material template.).
Regarding Claim 5. The combination of Xiong and Zhu further teaches The method according to claim 1, further comprising:
displaying, after displaying the second merchandise image, at least one image frame component for describing merchandise information in response to performing a triggering operation on the second merchandise image; and
displaying, in response to performing a selection operation on a target frame in the at least one image frame component, the target frame in the second merchandise image (Zhu, [0057], In the above steps, preferably, the poster users are rewarded based on the triggering actions of other users based on the poster and a preset reward rule is applied. When other users complete specific preset actions through the recommended poster, such as browsing the store or purchasing products, the user who recommended the poster can be rewarded based on the behavior of other users.
[0058], The poster generation method provided by this invention can be used for promotions in ecommerce stores, especially for e-commerce businesses. It can be configured with an electronic poster generation button on the user review interface to enhance the authenticity and fun of electronic promotional posters. Once an order is completed, a poster generation button is triggered to retrieve order information, allowing users to choose how to create their own posters. This enhances the authenticity of the promotional posters, boosts sales, and improves the user experience.
Therefore, a user can apply a trigger operation when finish purchase on the order page. Such operation can trigger a new commercial poster generation regarding the product the user just purchased. Such new poster includes product descriptions for sales promotion to other users.).
The reasoning for combination of Xiong and Zhu is the same as described in Claim 1.
Claim 6 is similar in scope as Claim 5, and thus is rejected under same rationale.
Claim 7 is similar in scope as Claim 5, and thus is rejected under same rationale.
Regarding Claim 8. The combination of Xiong and Zhu further teaches The method according to claim 5, further comprising:
changing, after displaying the target frame in the second merchandise image, the target frame from a display state to an editing state in response to performing a triggering operation on the target frame; and
changing merchandise information and/or a display manner of the target frame in the second merchandise image in response to performing an editing operation on the target frame in the editing state (Xiong, [0013], Step 6: Select the scene templates and material templates ranked first to 10 in Step 5 and display them in the editing interface;
[0014] Step 7: Users combine one of the scene templates and one of the material templates to create a user scene.
[n0004] Furthermore, to ensure the richness of the material library and scene templates, a material upload interface control is installed on the server for uploading third-party materials.
[0024] As shown in Figures 5 and 6, in order to give users more choices for material templates and scene templates, the preview and editing interface is equipped with a scene template preview bar 14 and a material template preview bar 13. The scene template preview bar 14 will display all recommended scene templates 10, and users can slide left and right to select the scene display window 10 that is not displayed. The material template preview bar 13 also provides a full display of material templates.
Therefore, it is obvious to a person with ordinary skill in the art that a user can use the GUI displayed in Figures 5 & 6 to apply different selections regarding scene template and/or material template. A webpage/webform can be changed from read-only mode to editing mode by trigger operations such as clicking on a button.).
Regarding Claim 9. The combination of Xiong and Zhu further teaches The method according to claim 1, further comprising:
displaying, after displaying the second merchandise image, an information input control and a script generation control in response to performing a triggering operation on the second merchandise image (Xiong, [0038] As shown in Figures 1, 2, 3 and 4, the marketing content generation method based on intelligent scene recognition provided by the present invention includes the following steps:
Step 1 A1: Set the collection controls for title keywords, promotional content keywords and image elements on the editing interface system, and the scene templates and material templates pre-stored in the server;
[0040] Step 3 A3: Extract the title keywords, promotional content keywords, and image elements filled in by the user through the collection control to form scene pre-selection elements;
[0041] Step 4A4: Add the scene pre-selected elements identified in Step 3 to the temporary storage unit to form a user parameter set;
[0042] Step 5A5: Match the user parameter set with the parameter sets of scene templates and materials stored on the server, and use the "clustering method" to sort the matching degree of scene templates and material templates.
A webpage/webform can be changed from read-only mode to editing mode by trigger operations such as clicking on a button. Therefore, it is obvious to a person with ordinary skill in the art that a user can trigger the webpage/webform to be editable and enter relevant information such as tile, promotion content and image element. The cluster of data including user parameter sets and the matching scene templates and materials together is equivalent to a generation script which controls the creation of the product poster image.);
determining, in response to performing an input operation in the information input control, target merchandise information corresponding to the input operation for the target merchandise (Xiong, [0040] Step 3 A3: Extract the title keywords, promotional content keywords, and image elements filled in by the user through the collection control to form scene pre-selection elements;
[0041] Step 4A4: Add the scene pre-selected elements identified in Step 3 to the temporary storage unit to form a user parameter set;
[0042] Step 5A5: Match the user parameter set with the parameter sets of scene templates and materials stored on the server, and use the "clustering method" to sort the matching degree of scene templates and material templates.); and
displaying, in response to performing a triggering operation on the script generation control, target script information for the target merchandise, wherein the target script information is obtained based on the target merchandise information, and the target script information comprises more content than the target merchandise information (Xiong, [0041] Step 4A4: Add the scene pre-selected elements identified in Step 3 to the temporary storage unit to form a user parameter set;
[0042] Step 5A5: Match the user parameter set with the parameter sets of scene templates and materials stored on the server, and use the "clustering method" to sort the matching degree of scene templates and material templates.
[0043] Step 6A6: Display the top 5 scene templates and material templates from Step 5 in the editing interface. Of course, the order in which they are ranked depends primarily on the user's viewing convenience and relevance. If the user has too few material images, the number provided may be less than 5, or none at all. In the event that no scenes are recommended, this embodiment recommends the top 5 scenes most frequently used by other users.).
Claim 10 is similar in scope as Claim 9, and thus is rejected under same rationale.
Claim 11 is similar in scope as Claim 9, and thus is rejected under same rationale.
Regarding Claim 12. The combination of Xiong and Zhu further teaches The method according to claim 1, further comprising:
determining, in response to performing a configuration operation on a displayed quantity, a target quantity corresponding to the configuration operation (Xiong, [0008] Step 1: Set up the collection controls for title keywords, promotional content keywords, and image elements on the editing interface system, and pre-store scene templates and material templates on the server;
[0010] Step 3: Extract the title keywords, promotional content keywords, and image elements filled in by the user through the collection control to form scene pre-selection elements;
A promotional content for a product includes sales discount percentage, such as “50% off”.); and
displaying the second merchandise image that is randomly generated by the first merchandise image and the target scene (Xiong, [0013], Step 6: Select the scene templates and material templates ranked first to 10 in Step 5 and display them in the editing interface;
[0014] Step 7: Users combine one of the scene templates and one of the material templates to create a user scene.
[0024] As shown in Figures 5 and 6, in order to give users more choices for material templates and scene templates, the preview and editing interface is equipped with a scene template preview bar 14 and a material template preview bar 13. The scene template preview bar 14 will display all recommended scene templates 10, and users can slide left and right to select the scene display window 10 that is not displayed. The material template preview bar 13 also provides a full display of material templates.), comprises:
displaying a plurality of second merchandise images with different target quantities, wherein each of the plurality of second merchandise images is randomly generated by the first merchandise image and the target scene (Xiong, [0008] Step 1: Set up the collection controls for title keywords, promotional content keywords, and image elements on the editing interface system, and pre-store scene templates and material templates on the server;
[0010] Step 3: Extract the title keywords, promotional content keywords, and image elements filled in by the user through the collection control to form scene pre-selection elements;
A promotional content for a product includes sales discount percentage, such as “50% off”. It is obvious to a person with ordinary skill in the art that creating several draft of the product poster/flyer with different sales discount percentage, so as to determine which sales discount encourage the most sale.).
Regarding Claim 13. The combination of Xiong and Zhu further teaches The method according to claim 1, wherein a plurality of first merchandise images are displayed in the image editing interface, displaying the second merchandise image that is randomly generated by the first merchandise image and the target scene, comprises:
displaying, for each of the plurality of first merchandise images, a corresponding second merchandise image, wherein each of a plurality of second merchandise images is randomly generated by a corresponding first merchandise image and the target scene (Xiong, [0024] As shown in Figures 5 and 6, in order to give users more choices for material templates and scene templates, the preview and editing interface is equipped with a scene template preview bar 14 and a material template preview bar 13. The scene template preview bar 14 will display all recommended scene templates 10, and users can slide left and right to select the scene display window 10 that is not displayed. The material template preview bar 13 also provides a full display of material templates.
Therefore, the material templates indicate plurality of merchandise that can be selected for the final poster. User can select each individual potential material from the list and generate final poster for preview.).
Regarding Claim 17. The combination of Xiong and Zhu further teaches A computer-readable medium, wherein computer programs are stored on the computer-readable medium, and the computer programs, when executed by a processing apparatus, implement the steps of the method according to claim 1 (Xiong, [n0011] In order to realize the marketing content generation method and one-click editing system based on intelligent scene recognition, the storage medium in this application is a computer readable storage medium, which stores a computer program for implementing the marketing content generation method and one-click editing system based on intelligent scene recognition.).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Xiong (CN113706664) in view of Zhu (WO2020000873) further in view of Sun (CN115049761).
Regarding Claim 14. The combination of Xiong and Zhu fails to explicitly teach, however, Sun teaches The method according to claim 1, further comprising:
displaying an original merchandise image for the target merchandise in response to performing an image addition operation in the image editing interface, wherein the original merchandise image comprises other display content except the target merchandise; and
displaying the first merchandise image in the image editing interface in response to performing a matting operation on the original merchandise image (Sun, abstract, the invention describes an artificial intelligence generation system and method for a product poster with logo. The artificial intelligence generation system comprises a central processing module, a data uploading module and a poster generation module. According to the method, the data can be comprehensively processed, a client can upload the data required by the poster, and the poster can be calculated and rapidly processed according to the data to generate the poster; through picture positioning point calculation, the positions of pictures in the poster can be effectively positioned and calculated, and the pictures in the poster are automatically arranged, so that the poster generation speed is higher; the size of the picture is calculated, the size of the picture can be effectively analyzed, so that the picture can be better generated in the poster, and the situation that the poster picture is disordered or overlapped due to the problem of the size of the picture is avoided; the poster can be generated on site through technical processing and displayed to clients in real time, and operation is convenient and fast; the poster can be adjusted at any time according to input data of a customer, working time is effectively saved, and customer experience and the transaction rate are improved.
[n0024] Step 2): Logo image segmentation: Using AI technology, the image is segmented to obtain a pure logo image with a transparent background;
[n0026] Step 4): Logo Placement: Take all the pixels of the logo image from the previous step, and place all the pixels on the poster according to the marked box position calculated in Step 1), covering the existing pixels.
[n0071] Referring to Figures 1-5 in the specification, this invention, through the establishment of a central processing module 1, a data upload module 2, and a poster generation module 3, can comprehensively process data. Customers can upload the data required for the poster, and the poster can be quickly generated based on the data calculations. The working sequence of this invention is as follows: start, user uploads gift box image, marks logo positioning frame, user uploads logo image, generates poster (calculates poster size, calculates image position, renders image, loops positioning points, calculates logo size and position information, logo cutout, logo scaling, logo rendering (overlay)), browses or downloads poster.).
Xiong, Zhu and Sun are analogous art because they all teach method of generation product/social flyers/posters based on user input. Sun further teaches adding additional content such as logo to the product poster. Therefore, it would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention, to modify the commercial poster generation method (taught in Xiong and Zhu), to further allow user to add content such as logo to a product poster (taught in Sun), so as to provide an efficient method to create product poster with sales information (Sun, [0001-0005]).
Claims 15-16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong (CN113706664) in view of Zhu (WO2020000873) further in view of Carr (US20201232805).
Regarding Claim 15. The combination of Xiong and Zhu fails to explicitly teach, however, Carr teaches The method according to claim 1, further comprising:
displaying a target QR code in response to performing a triggering operation on an image uploading control in the image editing interface, wherein the target QR code is used for uploading an image to the image editing interface through a terminal device with an image capturing function; and
displaying the first merchandise image, wherein the first merchandise image is obtained based on an original merchandise image, and the original merchandise image is captured by the terminal device after scanning the target QR code and uploaded to the image editing interface (Carr, abstract, the invention describes method of managing and sharing digital content, and, more particularly, to a web- or cloud- based platform providing for the contribution, management, and subsequent exploration and consumption of digital content in connection with printed content provided in a physical article, such as a yearbook or other memorabilia.
[0006] The present invention is directed to an interactive yearbook…. More specifically, not only can a user hold a physical book and experience the feel of turning physical pages and seeing printed content, but the user can further access additional digital content that further expands upon related printed content, providing a more enhanced and overall interactive experience for the user.
[0008] The platform allows for certain users, such as the students, to contribute digital content (i.e., digital images, videos, audio files, text, etc.) associated with specific printed content…. The platform allows for the student to select digital content of their choice to be associated with specific printed content. In one instance, a student may contribute (i.e., upload) a set of digital images (from their mobile device, for example) to the platform to be associated with specific printed content, such as their portrait photograph.
[0104] For example, as shown in FIG. 19B, the yearbook may include a QR code or other machine readable label that, once captured via a camera of the user's smartphone or tablet (see FIG. 19C), results in the user gaining access to the platform. In particular, as shown in FIG. 19D, the operating system of the user's computing device will detect a QR code scan and show a banner to the user including a prompt for launching the internet browser (to thereby redirect the user to a web-based portal for accessing the platform.
[0105] The user is then presented with a brief tutorial to educate the user on how to use the explore experience (see FIG. 19E). The web-based app then enables the camera of the user's computing device, thereby allowing the user to scan over printed content in the yearbook, which may include student portrait photographs or printed content associated with school life topics (see FIG. 19F). Upon capturing image data associated with the printed content, such as a specific student's portrait photograph (see FIG. 19G), the platform is able to determine whether such printed content includes associated user-contributed digital content for viewing. If user-contributed digital content is available, the user is then provided with access to viewing such content (see FIG. 19G). FIGS. 19H and 191 illustrate scanning of printed photographs associated with school life topics, such as sports, which results in providing the user with user contributed digital content associated with the printed content of the sports topics in the yearbook.
Zhu, [0004] For example, the operation process of a poster generation plugin includes: the system can generate a unique QR code for each follower of the service account; after sharing, inviting friends to scan the QR code to follow can earn points; when friends generate and share their own QR codes to invite others to follow, the follower can earn points while the friends earn points, thus generating secondary income; the points can finally be redeemed for gifts.
Therefore, the generated QR code is linked to specific user’s identity and related information including purchase history, personal preference. Carr further teaches using the QR code to identify the user and further allowing capturing additional content to link to the existing content. It would be obvious to a person with ordinary skill in the art that user can scan the QR code, and linked to poster editing page for further customization such as uploading merchandise picture.).
Xiong, Zhu and Carr are analogous art because they all teach method of generation product/social flyers based on user input. Zhu and Carr both further teaches using QR code to trigger further actions in poster generation process. Carr further teaches scan the QR code to identity the user and perform further editing to the poster. Therefore, it would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention, to modify the commercial poster generation method (taught in Xiong and Zhu), to further use the generated QR code to trigger further editing functionality for poster generation (taught in Wu), so as to provide a more convenient way of adding more information to customize the existing poster.
Claim 16 is similar in scope as Claim 1 & 15, and thus is rejected under same rationale.
Claim 18 is similar in scope as Claim 1 & 16, and thus is rejected under same rationale.
Claim 19 is similar in scope as Claim 6 and thus is rejected under same rationale.
Claim 20 is similar in scope as Claim 9, and thus is rejected under same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Karageorgos et al (US20100180213), abstract, the invention describes methods for facilitating the generation of a document, such as a scientific
poster, to be viewed by a community of human viewers in association with a hosted event, such as a scientific conference, are described, the generated document conforming to document configuration guidelines previously established for that hosted event. Provided in one preferred embodiment is an interactive document creation tool that constrains user input of content data according to constraints specified in the document configuration guidelines and then automatically generates the document from the content data in compliance with those document configuration guidelines, sparing substantial user time and effort particularly when a pre-existing antecedent electronic document is used as a basis for the content data. Also provided are methods for coordinating document display at hosted events, managing populations of distinct document configuration guidelines, and adapting a created document for multiple different hosted events.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIN SHENG whose telephone number is (571)272-5734. The examiner can normally be reached M-F 9:30AM-3:30PM 6:00PM-8:30PM.
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, Jason Chan can be reached at 5712723022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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XIN . SHENG
Primary Examiner
Art Unit 2619
/Xin Sheng/Primary Examiner, Art Unit 2619
Prosecution Insights