CTNF 18/822,559 CTNF 82526 Detailed Action Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 1, 11 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 10 and 18 of U.S. Patent No. 12,118,822 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because - Claim 1 of current application is as below – A method comprising: receiving, by a computing device, a personalized video including at least a part of a self-image of a user associated with the computing device and at least a part of a stock video, the personalized video being received from a further computing device; receiving, by the computing device, a user input including an indication of whether the user has authorized using the self-image in the personalized video; and in response to the user input, sending, by the computing device, the indication of whether the user has authorized using the self-image in the personalized video to the further computing device. Claim 1 of US Patent No. 12,118,822 is as below – A method comprising: receiving, by a computing device, an authorization from a user to enable use of a self-image of a further user in a personalized video; in response to the authorization, sending, by the computing device, the personalized video including at least part of the self-image of the further user and at least part of a stock video to a further computing device associated with the further user; receiving, by the computing device, from the further computing device, an indication of whether the further user has authorized using the self-image in the personalized video; receiving, by the computing device, a user input from the user; based on the user input, generating, by the computing device, at least one of a background and a foreground; and adding, by the computing device, the at least one of the background and the foreground to the personalized video. Analyzing and comparing independent claims 1, 10 and 18 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes. Further, analyzing and comparing dependent claims 2 – 10 and 12 - 19 of the pending application with claims 1 and 10 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes. Claim 11 of current application is as below - A computing device comprising: a processor; and a memory storing instructions that, when executed by the processor, configure the computing device to: receive a personalized video including at least a part of a self-image of a user associated with the computing device and at least a part of a stock video, the personalized video being received from a further computing device; receive a user input including an indication of whether the user has authorized using the self-image in the personalized video; and in response to the user input, send the indication of whether the user has authorized using the self-image in the personalized video to the further computing device. Claim 10 of US Patent No. 12,118,822 is as below – A computing device comprising: a processor; and a memory storing instructions that, when executed by the processor, configure the computing device to: receive an authorization from a user to enable use of a self-image of a further user in a personalized video; in response to the authorization, send the personalized video including at least part of the self-image of the further user and at least part of a stock video to a further computing device associated with the further user; receive, from the further computing device, an indication of whether the further user has authorized using the self-image in the personalized video; receive a user input from the user; based on the user input, generate at least one of a background and a foreground; and add the at least one of the background and the foreground to the personalized video. Analyzing and comparing independent claims 1, 10 and 18 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes. Further, analyzing and comparing dependent claims 2 – 10 and 12 - 19 of the pending application with claims 1 and 10 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes. Claim 20 of current application is as below - A non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that, when executed by a computing device, cause the computing device to: receive a personalized video including at least a part of a self-image of a user associated with the computing device and at least part of a stock video, the personalized video being received from a further computing device; receive a user input including an indication of whether the user has authorized using the self-image in the personalized video; and in response to the user input, send the indication of whether the user has authorized using the self-image in the personalized video to the further computing device. Claim 18 of US Patent No. 12,118,822 is as below – A non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that, when executed by a computing device, cause the computing device to: receive an authorization from a user to enable use of a self-image of a further user in a personalized video; in response to the authorization, send the personalized video including at least part of the self-image of the further user and at least part of a stock video to a further computing device associated with the further user; receive, from the further computing device, an indication of whether the further user has authorized using the self-image in the personalized video; receive a user input from the user; based on the user input, generate at least one of a background and a foreground; and add the at least one of the background and the foreground to the personalized video. Analyzing and comparing independent claims 1, 10 and 18 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes. Further, analyzing and comparing dependent claims 2 – 10 and 12 - 19 of the pending application with claims 1 and 10 of U.S. Patent No. 12,118,822 B2 it was found that they recite the same limitation with wording changes . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1, 5 - 11 and 15 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vats US PGPub: US 2019/0082211 A1 Mar. 14, 2019 and in view of Friedman US PGPub: US 2006/0123113 A1 Jun. 8, 2006. Regarding claims 1, 11, 20, Vats discloses, a method, a computing device comprising at least one processor (Fig. 7/1604) and a memory storing instructions that (processor instruction 1607 – Fig. 7/1607, paragraph 0218), when executed by the processor, configure the computing device to; a non-transitory computer-readable storage medium, the computer-readable medium including instructions that, when executed by a computing device, cause the computing device to (generating a video message/chat or live call using body model of a person - paragraph 0111. Two mobiles 301, 302 are shown displaying two characters 603 and 604 – Fig. 5, paragraph 0199) comprising: receiving, by a computing device, a personalized video including at least a part of a self-image of a user associated with the computing device (establishing a chat environment and obtaining camera-captured image/video of a local participant that is displayed on the display screen of the local participant’s computing device for the live chat – paragraphs 0035, 0036, 0046, 0112, 0163. The mutual interaction of two users during chat and changing environment - paragraphs 0035, 0036, 0046, 0088, 0089, 0112, 0163, Figs. 8, 9. Receiver is allowed to write – Fig. 8a/804, paragraph 0201) and at least a part of a stock video, the personalized video being received from a further computing device (carrying out live chat presentation on each of the participants devices using videos generated based on body models of the participants. Processing the body model with lisping with voice along with the facial expression and/or with makeup/clothing accessories, body part movement – an amination with skeleton information, to generate video, and sending message, live chat and posting on social networking site. Here, body model with lisping with voice along with the facial expression, reads on the claimed feature, a stock video – paragraphs 0136, 0137, 0148, 0149, 0156. Two mobiles 301, 302 are shown displaying two characters 603 and 604 – Fig. 5, paragraph 0199); receiving, by the computing device, a user input (establishing a chat environment and obtaining camera-captured image/video of a local participant that is displayed on the display screen of the local participant’s computing device for the live chat – paragraphs 0035, 0036, 0046, 0112, 0163. The mutual interaction of two users during chat and changing environment - paragraphs 0035, 0036, 0046, 0088, 0089, 0112, 0163, Figs. 8, 9. Receiver is allowed to write – Fig. 8a/804, paragraph 0201), in response to the user input, sending, by the computing device, the indication of whether the user has authorized using the self-image in the personalized video to the further computing device (carrying out live chat presentation on each of the participants devices using videos generated based on body models of the participants. Processing the body model with lisping with voice along with the facial expression and/or with makeup/clothing accessories, body part movement – an amination with skeleton information, to generate video, and sending message, live chat and posting on social networking site. Here, body model with lisping with voice along with the facial expression, reads on the claimed feature, a stock video – paragraphs 0136, 0137, 0148, 0149, 0156. Two mobiles 301, 302 are shown displaying two characters 603 and 604 – Fig. 5, paragraph 0199), but, does not disclose, receiving, by the computing device, “a user input including an indication of whether the user has authorized using the self-image in the personalized video”. Friedman teaches, a resource-sharing system comprising a host element, a shareable resource associated with the host element, and a presence server that is communicatively coupled to the host element, presence information of the shareable resource (ABSTRACT, Figs, 2 – 3C, paragraph 0011). The user of the guest element initiates a request to access the shareable resources. The presence server passes guest element request to host element, and the host element uses pointer information to transmit to resource proxy server, and guest element uses pointer information for IM messaging (Fig. 8C, paragraph 0052). Revocation of authorization for accessing and displaying of shared resources (paragraph 0046). The sharable resources selectively removed (paragraph 0043). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generating a video message/chat or live call using body model of a person, where two mobiles 301, 302 are shown displaying two characters 603 and 604 of Vats (Vats, Fig. 5, paragraphs 0111, 0199), wherein the system of Vats, would have incorporated a resource-sharing system of Friedman (Friedman, ABSTRACT, Figs. 2 – 3C, paragraphs 0043, 0046, 0052) for messaging related to sharing resources and to provide a solution that simplifies certain operational tasks related to using communication systems, such as e-mail, IM and presence-based technologies (Friedman, paragraphs 0001, 0010). Regarding claims 5, 15, Vats discloses, the method of claim 1, wherein the personalized video includes at least a part of a further self-image of a further user associated with the further computing device (establishing a chat environment and obtaining camera-captured image/video of a local participant that is displayed on the display screen of the local participant’s computing device for the live chat – paragraphs 0035, 0036, 0046, 0112, 0163. The mutual interaction of two users during chat and changing environment - paragraphs 0035, 0036, 0046, 0088, 0089, 0112, 0163, Figs. 8, 9. Receiver is allowed to write – Fig. 8a/804, paragraph 0201). Regarding claims 6, 16, Vats discloses, the method of claim 5, further comprising receiving, by the computing device (establishing a chat environment and obtaining camera-captured image/video of a local participant that is displayed on the display screen of the local participant’s computing device for the live chat – paragraphs 0035, 0036, 0046, 0112, 0163. The mutual interaction of two users during chat and changing environment - paragraphs 0035, 0036, 0046, 0088, 0089, 0112, 0163, Figs. 8, 9. Receiver is allowed to write – Fig. 8a/804, paragraph 0201), but, does not disclose, an authorization from the user to use the further self-image in at least one further personalized video. Friedman teaches, a resource-sharing system comprising a host element, a shareable resource associated with the host element, and a presence server that is communicatively coupled to the host element, presence information of the shareable resource (ABSTRACT, Figs, 2 – 3C, paragraph 0011). The user of the guest element initiates a request to access the shareable resources. The presence server passes guest element request to host element, and the host element uses pointer information to transmit to resource proxy server, and guest element uses pointer information for IM messaging (Fig. 8C, paragraph 0052). Revocation of authorization for accessing and displaying of shared resources (paragraph 0046). The sharable resources selectively removed (paragraph 0043). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generating a video message/chat or live call using body model of a person, where two mobiles 301, 302 are shown displaying two characters 603 and 604 of Vats (Vats, Fig. 5, paragraphs 0111, 0199), wherein the system of Vats, would have incorporated a resource-sharing system of Friedman (Friedman, ABSTRACT, Figs. 2 – 3C, paragraphs 0043, 0046, 0052) for messaging related to sharing resources and to provide a solution that simplifies certain operational tasks related to using communication systems, such as e-mail, IM and presence-based technologies (Friedman, paragraphs 0001, 0010). Regarding claims 7, 17, Vats discloses, the method of claim 6, further comprising sending, by the computing device (603 - Fig. 5, paragraph 0199), the at least one further personalized video to the further computing device, the at least one further personalized video including at least a part of the further self-image and at least part of a further stock video (carrying out live chat presentation on each of the participants devices using videos generated based on body models of the participants. Processing the body model with lisping with voice along with the facial expression and/or with makeup/clothing accessories, body part movement – an amination with skeleton information, to generate video, and sending message, live chat and posting on social networking site. Here, body model with lisping with voice along with the facial expression, reads on the claimed feature, a stock video – paragraphs 0136, 0137, 0148, 0149, 0156. Two mobiles 301, 302 are shown displaying two characters 603 and 604 – Fig. 5, paragraph 0199). Regarding claims 8, 18, Vats discloses, the method of claim 1, wherein the personalized video includes a modified self-image produced based on the self-image, the modified self-image being adjusted to adopt a facial expression corresponding to facial landmark parameters, the modified self-image being inserted into the stock video at a position determined by face area parameters (generation of video chat using body model of a person – paragraphs 0093, 0102, 0166, 0193. Animate a character can be produced with predefined controllers in rigging to move, scale and rotate in different angels and directions for realistic feel as to show a real character in computer graphics – paragraph 0191). Regarding claims 9, 19, Vats discloses, the method of claim 1, wherein the stock video includes one of an animation video (generating an animation of the body model of the person enacting the message – paragraphs 0017, 0022, 0029) and a live action video (generation of video chat using body model of a person – paragraphs 0093, 0102, 0166, 0193. Animate a character can be produced with predefined controllers in rigging to move, scale and rotate in different angels and directions for realistic feel as to show a real character in computer graphics – paragraph 0191. The emotion & movement command may be smiley, text, symbol or any other kind of input for showing mood expression on face or body part or combination thereof and output is animated message, chat or live video call experience – paragraphs 0093, 0102, 0111). Regarding claim 10, Vats discloses, the method of claim 1, wherein the computing device is a mobile computing device (paragraph 0023) . 07-21-aia AIA Claim s 2 - 4 are rejected under 35 U.S.C. 103 as being unpatentable over Vats US PGPub: US 2019/0082211 A1 Mar. 14, 2019 and in view of Friedman US PGPub: US 2006/0123113 A1 Jun. 8, 2006 and further in view of Scepanovic US PGPub: US 2016/0225301 A1 Aug. 4, 2016. Regarding claim 2, both Vats and Friedman discloses all the claimed features, but, does not disclose, the method of claim 1, wherein the indication includes a command instructing the computing device to delete the self-image. Scepanovic teaches, adjustable display illumination, where, touch screen 1012, display controller 1056, optical sensor(s) 1064, optical sensor controller 1058, contact module 1030, graphics module 1032, and image management module 1044, camera module 1043 includes executable instructions to capture still images or video (including a video stream) and store them into memory 1002, modify characteristics of a still image or video, or delete a still image or video from memory 1002 (paragraphs 0169, 0175). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generating a video message/chat or live call using body model of a person, where two mobiles 301, 302 are shown displaying two characters 603 and 604 of combined Vats and Friedman (combined Vats and Friedman, Fig. 5, paragraphs 0111, 0199), wherein the system of combined Vats and Friedman, would have incorporated, adjustable display of Scepanovic (Scepanovic, paragraphs 0169, 0175) to provide a device which includes a backlight coupled to a display screen and an illumination processor which adjustably controls the light output of at least a portion of the backlight (Scepanovic, paragraph 0011). Regarding claim 3, both Vats and Friedman discloses all the claimed features, but, does not disclose, the method of claim 2, further comprising sending, by the computing device to the further computing device, a further command to delete the self-image on the further computing device. Scepanovic teaches, adjustable display illumination, where, touch screen 1012, display controller 1056, optical sensor(s) 1064, optical sensor controller 1058, contact module 1030, graphics module 1032, and image management module 1044, camera module 1043 includes executable instructions to capture still images or video (including a video stream) and store them into memory 1002, modify characteristics of a still image or video, or delete a still image or video from memory 1002 (paragraphs 0169, 0175). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generating a video message/chat or live call using body model of a person, where two mobiles 301, 302 are shown displaying two characters 603 and 604 of combined Vats and Friedman (combined Vats and Friedman, Fig. 5, paragraphs 0111, 0199), wherein the system of combined Vats and Friedman, would have incorporated, adjustable display of Scepanovic (Scepanovic, paragraphs 0169, 0175) to provide a device which includes a backlight coupled to a display screen and an illumination processor which adjustably controls the light output of at least a portion of the backlight (Scepanovic, paragraph 0011). Regarding claim 4, both Vats and Friedman discloses all the claimed features, but, does not disclose, the method of claim 2, further comprising deleting, by the computing device, the self-image on the computing device. Scepanovic teaches, adjustable display illumination, where, touch screen 1012, display controller 1056, optical sensor(s) 1064, optical sensor controller 1058, contact module 1030, graphics module 1032, and image management module 1044, camera module 1043 includes executable instructions to capture still images or video (including a video stream) and store them into memory 1002, modify characteristics of a still image or video, or delete a still image or video from memory 1002 (paragraphs 0169, 0175). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generating a video message/chat or live call using body model of a person, where two mobiles 301, 302 are shown displaying two characters 603 and 604 of combined Vats and Friedman (combined Vats and Friedman, Fig. 5, paragraphs 0111, 0199), wherein the system of combined Vats and Friedman, would have incorporated, adjustable display of Scepanovic (Scepanovic, paragraphs 0169, 0175) to provide a device which includes a backlight coupled to a display screen and an illumination processor which adjustably controls the light output of at least a portion of the backlight (Scepanovic, paragraph 0011). Allowable Subject Matter Claims combined (3 plus 7) and combined (13 plus 17) are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, along with applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). 07-96 The prior art made of record and not relied upon is considered pertinent to applicants disclosure. Sherman US PGPub: US 2014/0019533 A1 Jan. 16, 2014. Providing dynamic user profile presentation in a social network. A request from a first user to retrieve user profile information of a second user can be received at a server…….provide an/or display the commonalities to the first user based on the prioritization (Fig. 5/516, paragraph 0049). Phillipps US PGPub: US 2017/0004646 A1 Jan. 5, 2017. Dynamic data driven video generation system, where the user input along with video template is merged and video visualization output is generated for user view (Figs. 2, 3, paragraphs 0067, 0068). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIMESH PATEL whose telephone number is (571)270-1228. The examiner can normally be reached Monday thru Friday: 6:30 AM - 3:30 PM EST. 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, Rafael Perez-Gutierrez can be reached on 571-272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NIMESH PATEL/Primary Examiner, Art Unit 2642 Application/Control Number: 18/822,559 Page 2 Art Unit: 2642 Application/Control Number: 18/822,559 Page 3 Art Unit: 2642 Application/Control Number: 18/822,559 Page 4 Art Unit: 2642 Application/Control Number: 18/822,559 Page 5 Art Unit: 2642 Application/Control Number: 18/822,559 Page 6 Art Unit: 2642 Application/Control Number: 18/822,559 Page 7 Art Unit: 2642 Application/Control Number: 18/822,559 Page 8 Art Unit: 2642 Application/Control Number: 18/822,559 Page 9 Art Unit: 2642 Application/Control Number: 18/822,559 Page 10 Art Unit: 2642 Application/Control Number: 18/822,559 Page 11 Art Unit: 2642 Application/Control Number: 18/822,559 Page 12 Art Unit: 2642 Application/Control Number: 18/822,559 Page 13 Art Unit: 2642 Application/Control Number: 18/822,559 Page 14 Art Unit: 2642 Application/Control Number: 18/822,559 Page 15 Art Unit: 2642 Application/Control Number: 18/822,559 Page 16 Art Unit: 2642 Application/Control Number: 18/822,559 Page 17 Art Unit: 2642 Application/Control Number: 18/822,559 Page 18 Art Unit: 2642 Application/Control Number: 18/822,559 Page 19 Art Unit: 2642 Application/Control Number: 18/822,559 Page 20 Art Unit: 2642 Application/Control Number: 18/822,559 Page 21 Art Unit: 2642
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