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 .
Application Status
This office action is responsive to the Application No.:18/824,912 filed on 09/05/2024 (Foreign Priority Date: 05/29/2024).
Claims 1, 3-12, 14-16 and 18-20 are pending and presented for examination.
The previous 35 USC rejection is withdrawn in view of the Applicant’s amendments.
This action has been made FINAL.
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
The Applicant alleged the following: “The cited portions of Rav-Acha do not disclose or suggest this claimed user interface structure.” The examiner is not persuaded. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., user interface structure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Accordingly, the examiner maintains the rejection.
The Applicant alleged the following: “There is no disclosure that, for each individual content item, a thumbnail and a separate operator are both displayed as distinct interface elements.” The examiner is not persuaded. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., displayed as distinct interface elements) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Accordingly, the examiner maintains the rejection.
The Applicant alleged the following: “Accordingly, Rav-Acha lacks the claimed configuration in which "a thumbnail of the content and at least one operator are separately displayed" for each content and wherein selection of the thumbnail and selection of the operator respectively determine whether the content is assigned as one of the foreground content and the background content or as the other thereof.” The examiner is not persuaded. Specifically, Rav-Acha discloses the Applicant’s claim language of “wherein for each of the contents, a thumbnail of the content and at least one operator are separately displayed” in Figures 22-24; Paragraphs 0330-0332; 0468; 0471. Rav-Acha goes on to disclose “and in response to the displayed thumbnail being selected” in Figures 22-24; Paragraphs 0330-0332; 0468; 0471. Figures 22-24; Paragraphs 0330-0332; 0468; 0471 of Rav-Acha discloses the Applicant’s claim language of “the content corresponding to the selected thumbnail.” Moreover, Rav-Acha discloses the Applicant’s claim language of “is selected as one of the foreground content and the background content” in Figure 35; Paragraphs 0214-0231. Rav-Acha goes on to disclose the Applicant’s claim language of “and in response to the displayed operator being selected, the content corresponding to the selected operator is selected” in Figures 22-24; Paragraphs 0330-0332; 0468; 0471. Further, Rav-Acha discloses the Applicant’s claim language of “as an other of the foreground content and the background content” in Figure 35; Paragraphs 0214-0231. MPEP § 2106 states Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed Cir. 1997). Accordingly, the examiner maintains the rejection.
The Applicant alleged the following: “Furthermore, the Examiner appears to equate the clip representation in Rav-Acha with both the claimed thumbnail and the claimed operator. Such an interpretation is inconsistent with the claim language. The claim expressly requires two separately displayed interface elements associated with each content, namely a thumbnail and at least one operator. A single clip representation cannot simultaneously satisfy both limitations while remaining "separately displayed" as required by the claim. Because Rav-Acha discloses only a content representation itself and not a separate operator associated with that content, the cited reference fails to disclose the claimed interface topology.” The examiner is not persuaded. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., two separately displayed interface elements associated with each content) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Accordingly, the examiner maintains the rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-12, 14-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rav-Acha, US 20130343727.
Claim 1:
Rav-Acha discloses a non-transitory recording medium storing a video output program for causing a computer (See Rav-Acha Abstract; Summary of Invention; Figure 12; Figures 22-25; Paragraphs 0004-0031), to which an external device is connected (See Rav-Acha Abstract; Summary of Invention; Figure 12; Figures 22-25; Paragraphs 0004-0031), to execute a process of outputting a content video that is a video created based on contents (See Rav-Acha Abstract; Summary of Invention; Figures 22-25; Paragraphs 0004-00311) comprising at least one of a video and an image (See Rav-Acha Abstract; Summary of Invention; Figures 22-25; Paragraphs 0004-0031; 0080), the video output program causing the computer to (See Rav-Acha Abstract; Summary of Invention; Figures 22-25; Paragraphs 0004-0031):
display a list of the contents (See Rav-Acha Figure 22; Paragraphs 0004-0031; Paragraphs 0328-03332);
select a foreground content and a background content different from the foreground content from the displayed list (See Rav-Acha Figure 35; Paragraphs 0214-0231);
generate a foreground video based on the selected foreground content (See Rav-Acha Figure 35, Item 4006; Paragraphs 0214-0217) and a background video based on the selected background content (See Rav-Acha Figure 35, Item 4008; Paragraphs 0214-0231), and generate the content video with the foreground video as foreground and the background video as background of the foreground video (See Rav-Acha Figure 35, Item 4010; Paragraphs 0214-0231);
and output to the external device the content video (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231) wherein for each of the contents, a thumbnail of the content and at least one operator are separately displayed (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471),
and in response to the displayed thumbnail being selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471), the content corresponding to the selected thumbnail (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471) is selected as one of the foreground content and the background content (See Rav-Acha Figure 35; Paragraphs 0214-0231), and in response to the displayed operator being selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471), the content corresponding to the selected operator is selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471) as an other of the foreground content and the background content (See Rav-Acha Figure 35; Paragraphs 0214-0231).
Claim 3:
Rav-Acha discloses wherein in response to the displayed thumbnail being selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471), the content corresponding to the selected thumbnail is selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471) as the background content (See Rav-Acha Figure 35; Paragraphs 0214-0231), and in response to the displayed operator being selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471), the content corresponding to the selected operator is selected (See Rav-Acha Figures 22-24; Paragraphs 0330-0332; 0468; 0471) as the foreground content (See Rav-Acha Figure 35; Paragraphs 0214-0231).
Claim 4:
Rav-Acha discloses wherein the content video, in which the foreground video is superimposed on the background video, is output to the external device (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 5:
Rav-Acha discloses wherein the video output program causes the computer to switch the foreground content and the background content with each other (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 6:
Rav-Acha discloses wherein the video output program causes the computer to set a combination of the foreground content and the background content as one of the contents (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 7:
Rav-Acha discloses wherein the video output program further causes the computer to display an editing screen for editing an aspect of the content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0166-0171), and switch the editing screen between a screen for editing an aspect of the foreground content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0166-0171) and a screen for editing an aspect of the background content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0166-0171).
Claim 8:
Rav-Acha discloses wherein the aspect of the foreground content or the aspect of the background content edited on the editing screen is reflected in real time (See Rav-Acha Paragraph 0484) in the foreground content or the background content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231) being output to the external device (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 9:
Rav-Acha discloses wherein while the content video is being output to the external device (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231), in response to another of the contents being selected as the foreground content or the background content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231), output of a foreground video or a background video (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231) based on another of the contents is started after an end process of the corresponding foreground video or background video is completed (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 10:
Rav-Acha discloses wherein while the content video is being output to the external device (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231), in response to the selected another of the contents being the same as the content of the foreground video or the background video (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231), output of the content video is stopped after the end process of the corresponding foreground video or background video is completed (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 11:
Rav-Acha discloses wherein a transparency of the content video is output together with the content video to the external device (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4010; Paragraphs 0214-02313).
Claim 12:
Rav-Acha discloses wherein a sequence is created, in which a plurality of contents are arranged according to timings of output, and a content video based on target contents is output to the external device based on the timings set in the sequence (See Rav-Acha Paragraphs 0273-0281).
Claim 14:
Rav-Acha discloses wherein the video output program causes the computer to set a combination of the foreground content and the background content is configured to be settable as one of the contents (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 15:
Rav-Acha discloses wherein the video output program causes the computer to set a combination of the foreground content and the background content is configured to be settable as one of the contents (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 16:
Rav-Acha discloses wherein the video output program causes the computer to set a combination of the foreground content and the background content is configured to be settable as one of the contents (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35; Paragraphs 0214-0231).
Claim 18:
Rav-Acha discloses wherein the video output program further causes the computer to display an editing screen for editing an aspect of the content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0166-0171), and switch the editing screen between a screen for editing (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0166-0171) an aspect of the foreground content and a screen for editing an aspect of the background content (See Rav-Acha Figure 12; Figure 21; Figure 25; Figure 35, Item 4020; Paragraphs 0214-0231).
Claim 19:
Claim 19 is rejected on the same basis as claim 1.
Claim 20:
Claim 20 is rejected on the same basis as claim 1.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9699287 discloses a method for displaying content in the mobile terminal includes displaying a content list including a plurality of different content files, receiving a request from a user, and displaying responsive to the request one of the plurality of different content files as a background media while the content list is displayed.
US 7773099 relates generally to processing images, and more particularly to rendering input images as output images on display surfaces having different resolutions and/or aspect ratios than the input images.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEREE N BROWN whose telephone number is (571)272-4229. The examiner can normally be reached M-F 5:30-2:00 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, SAID BROOME can be reached at (571) 272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEREE N BROWN/Primary Examiner, Art Unit 2612 August 20, 2026
1 See Rav-Acha “Final edited video” in Figure 25, Item 2990.
2 Rav-Acha Paragraph 0333 recites “a list of related video and images.”
3 The examiner is interpreting Rav-Acha “layer merging” in Figure 35, Item 4010 as being the same as “transparency of the content video.”
Prosecution Insights