Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-10 of U.S. Patent No. 12,106,414. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,106,414 encompasses all the claim limitations of the pending application.
With respect to claim 1, U.S. Patent No. 12,106,414 discloses:
Pending claim 1
Patented claim 1
A system for enabling an end user computing device to render a moving image on a display device, the system comprising
A system for enabling an end user computing device to render a moving image on a display device, the system comprising
an image render command generator arranged to provide one or more image rendering commands that are executable at the end user computing device to render the moving image on a frame-by-frame basis from a still image in multimedia content
an image render command generator arranged to provide an image rendering command that is executable by a web browser of the end user computing device to cause the end user computing device to render the moving image on a frame-by-frame basis from a still image in multimedia content by slicing the still image into a plurality of rows or columns of pixels and modifying a subset of the plurality of rows or columns of pixels between frames
a multimedia content packager arranged to assemble a multimedia content package comprising the multimedia content
a multimedia content packager arranged to assemble a multimedia content package comprising the multimedia content
a processor arranged to: receive a content request from the end user computing device
a processor arranged to: receive a content request from the end user computing device
obtain static image content that is responsive to the content request, said static image content comprising the still image
obtain static image content that is responsive to the content request, said static image content comprising the still image
determine whether the still image is to be rendered as the moving image in response to the content request
determine whether the still image is to be rendered as the moving image in response to the content request
when it is determined that the still image is to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image and the one or more image rendering commands
when it is determined that the still image is to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image and the image rendering command
when it is determined that the still image is not to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image without image rendering commands
when it is determined that the still image is not to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image without image rendering commands
and transmit the multimedia content package to the end user computing device in response to the content request
and transmit the multimedia content package to the end user computing device in response to the content request
wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render the moving image on the frame-by-frame basis
wherein the image rendering command is arranged to, when executed by the web browser, cause the end user computing device to load the still image into a memory cache in the end user computing device and to render the moving image on the frame-by-frame basis
and wherein the still image is rendered at the end user computing device when the multimedia content package comprises the still image without image rendering commands
and wherein the still image is rendered at the end user computing device when the multimedia content package comprises the still image without image rendering commands
With respect to claim 2, U.S. Patent No. 12,106,414 discloses the system according to claim 1, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to slice the still image into a plurality of rows or columns of pixels (Patented claim 3).
With respect to claim 3, U.S. Patent No. 12,106,414 discloses the system according to claim 2, wherein the plurality of rows or columns of pixels comprise a plurality of rows of pixel data (Patented claim 4).
With respect to claim 4, U.S. Patent No. 12,106,414 discloses the system according to claim 2, wherein the plurality of rows or columns of pixels comprise a plurality of columns of pixel data (Patented claim 5).
With respect to claim 5, U.S. Patent No. 12,106,414 discloses the according to claim 2, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to modify at least a subset of the plurality of rows or columns of pixels to shift, move, compress, or expand with respect to one another (Patented claim 6).
With respect to claim 6, U.S. Patent No. 12,106,414 discloses the system according to claim 2, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to generate a frame for the moving image based on the modified at least subset of the plurality of rows or columns of pixels (Patented claim 7).
With respect to claim 7, U.S. Patent No. 12,106,414 discloses the system according to claim 2, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render and display a sequence of frames for the moving image on the end user computing device based on the modified at least subset of the plurality of rows or columns of pixels (Patented claim 8).
With respect to claim 8, U.S. Patent No. 12,106,414 discloses the system according to claim 1, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to load the still image into a memory cache in the end user computing device (Patented claim 1, wherein the image rendering command is arranged to, when executed by the web browser, cause the end user computing device to load the still image into a memory cache in the end user computing device).
With respect to claim 9, U.S. Patent No. 12,106,414 discloses the system according to claim 8, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render the moving image on the frame-by-frame basis by modifying the still image in the memory cache (Patented claim 1, cause the end user computing device to load the still image into a memory cache in the end user computing device and to render the moving image on the frame-by-frame basis).
With respect to claim 10, U.S. Patent No. 12,106,414 discloses the system according to claim 1, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render and display a plurality of frames for the moving image on the frame-by-frame basis of an article (Patented claim 9).
With respect to claim 11, U.S. Patent No. 12,106,414 discloses the system according to claim 1, wherein the one or more image rendering commands include JavaScript that, when executed by a JavaScript engine, renders a sequence of frames for the moving image from the still image (Patented claim 10).
With respect to claim 12, U.S. Patent No. 12,106,414 discloses:
Pending claim 12
Patented claim 1
A method to transmit multimedia content having a still image to an end user computing device to render the still image as a moving image on a display device, the method comprising
A system for enabling an end user computing device to render a moving image on a display device, the system comprising
receiving, at a computing device via a communication link, a content request from the end user computing device
a processor arranged to: receive a content request from the end user computing device
obtaining, at the computing device, static image content that is responsive to the content request, said static image content comprising the still image
obtain static image content that is responsive to the content request, said static image content comprising the still image
determining whether the still image is to be rendered as the moving image in response to the content request
determine whether the still image is to be rendered as the moving image in response to the content request
when it is determined that the still image is to be rendered as the moving image in response to the content request, causing, at the computing device, an assembly of a multimedia content package to comprise the still image and one or more image rendering commands that are executable by the end user computing device to render the moving image on a frame-by-frame basis
when it is determined that the still image is to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image and the image rendering command; cause the end user computing device to load the still image into a memory cache in the end user computing device and to render the moving image on the frame-by-frame basis
when it is determined that the still image is not to be rendered as the moving image in response to the content request, causing, at the computing device, the assembly of the multimedia content package to comprise the still image without image rendering commands
when it is determined that the still image is not to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image without image rendering commands
and transmitting, at the computing device via a same or different communication link, the multimedia content package to the end user computing device in response to the content request
and transmit the multimedia content package to the end user computing device in response to the content request
wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render the moving image on the frame-by-frame basis
wherein the image rendering command is arranged to, when executed by the web browser, cause the end user computing device to load the still image into a memory cache in the end user computing device and to render the moving image on the frame-by-frame basis
and wherein the still image is rendered at the end user computing device when the multimedia content package comprises the still image without image rendering commands
and wherein the still image is rendered at the end user computing device when the multimedia content package comprises the still image without image rendering commands
U.S. Patent No. 12,106,414 discloses a system for executing the method of claim 12.
With respect to claim 13, U.S. Patent No. 12,106,414 discloses the method according to claim 12, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to slice the still image into a plurality of rows or columns of pixels (Patented claim 3).
With respect to claim 14, U.S. Patent No. 12,106,414 discloses the method according to claim 13, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to modify at least a subset of the plurality of rows or columns of pixels to shift, move, compress, or expand with respect to one another (Patented claim 6).
With respect to claim 15, U.S. Patent No. 12,106,414 discloses the method according to claim 13, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to generate a frame for the moving image based on the modified at least subset of the plurality of rows or columns of pixels (Patented claim 7).
With respect to claim 16, U.S. Patent No. 12,106,414 discloses the method according to claim 13, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render and display a sequence of frames for the moving image on the end user computing device based on the modified at least subset of the plurality of rows or columns of pixels (Patented claim 8).
With respect to claim 17, U.S. Patent No. 12,106,414 discloses the method according to claim 12, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to load the still image into a memory cache in the end user computing device (Patented claim 1, wherein the image rendering command is arranged to, when executed by the web browser, cause the end user computing device to load the still image into a memory cache in the end user computing device).
With respect to claim 18, U.S. Patent No. 12,106,414 discloses the method of claim 17, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render the moving image on the frame-by-frame basis by modifying the still image in the memory cache (Patented claim 1, cause the end user computing device to load the still image into a memory cache in the end user computing device and to render the moving image on the frame-by-frame basis).
With respect to claim 19, U.S. Patent No. 12,106,414 discloses the method according to claim 12, wherein the one or more image rendering commands are arranged to, when executed, cause the end user computing device to render and display a plurality of frames for the moving image on the frame-by-frame basis of an article (Patented claim 9).
With respect to claim 20, U.S. Patent No. 12,106,414 discloses the method according to claim 12, wherein the one or more image rendering commands include JavaScript that, when executed by a JavaScript engine, renders a sequence of frames for the moving image from the still image (Patented claim 10).
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: none of the cited art teaches or suggests omitting image rendering commands related to animation when it is determined that the content is to be rendered as a still image, i.e.,
obtain static image content that is responsive to the content request, said static image content comprising the still image;
determine whether the still image is to be rendered as the moving image in response to the content request;
when it is determined that the still image is to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image and the one or more image rendering commands;
when it is determined that the still image is not to be rendered as the moving image in response to the content request, cause the multimedia content packager to assemble the multimedia content package to comprise the still image without image rendering commands.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. PGPUB 20080250321 to Lee et al. for a method of rendering an animated or still image file.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW GUS YANG whose telephone number is (571)272-5514. The examiner can normally be reached M-F 9 AM - 5:30 PM.
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/ANDREW G YANG/Primary Examiner, Art Unit 2614
3/6/26