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 .
DETAILED ACTION
INFORMATION DISCLOSURE STATEMENT
The information disclosure statement (IDS) submitted on 09/05/2024, 09/30/2024 & 01/28/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
FOREIGN PRIORITY
A claim for foreign priority under 35 U.S.C § 119 (a) - (d), which was contained in the Declaration and Power of Attorney filed on 09/05/2024 has been acknowledged. Acknowledgement of claimed foreign priority and receipt of priority documents is reflected in form PTO-326 Office Action Summary.
DOUBLE PATENTING
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent 12,136,150
As to claim 1, instant application discloses An image generation device comprising: a processor, wherein the processor executes an image acquisition process of acquiring a material image provided by at least one of a plurality of users, an editing process of generating an edited image by using the acquired material image, an image output process of outputting the edited image to the plurality of users, an operation reception process of receiving an editing operation by the plurality of users with respect to the edited image, an analysis process of analyzing a content of the editing operations received from the plurality of users, and a re-editing process of re-editing the edited image to generate a re-edited image based on a result of analysis in the analysis process, wherein in the image acquisition process, the processor acquires the material image from the plurality of users, the processor further executes an evaluation process of evaluating the material images acquired in the image acquisition process based on a subject appearing in the material image and a feature amount relating to an image quality of the material image, and in the editing process, the processor generates the edited image by using the material image preferentially selected based on a result of evaluation in the evaluation process from among the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 1)
As to claim 2, instant application discloses wherein the processor further executes an order reception process of receiving an order operation for image editing from the plurality of users, and in the editing process, the processor generates the edited image by using the material image based on a content of the order operation performed by at least one of the plurality of users. (U.S. Patent 12,136,150 - Claim 4)
As to claim 3, instant application discloses wherein the order operation includes a setting operation relating to a layout of the material image in the edited image. (U.S. Patent 12,136,150 - Claim 5)
As to claim 4, instant application discloses an image generation device comprising: a processor, wherein the processor executes an image acquisition process of acquiring a material image provided by at least one of a plurality of users, an editing process of generating an edited image by using the acquired material image, an image output process of outputting the edited image to the plurality of users, an operation reception process of receiving an editing operation by the plurality of users with respect to the edited image, an analysis process of analyzing a content of the editing operations received from the plurality of users, and a re-editing process of re-editing the edited image to generate a re-edited image based on a result of analysis in the analysis process, wherein in the image acquisition process, the processor acquires the material image from the plurality of users, in the analysis process, the processor calculates a score corresponding to the content of the editing operations received from the plurality of users for the material images acquired in the image acquisition process, and in the re-editing process, the processor generates the re-edited image by using the material image preferentially selected based on the score from among the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 10)
As to claim 5, instant application discloses wherein the editing operation is an operation for giving an instruction for any one of change or maintenance of the edited image, the change of the edited image includes at least one of change of a layout of the material image in the edited image or change of a type of the material image used for generating the edited image, and in the analysis process, the processor calculates the score corresponding to a change content of the edited image in the editing operation for the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 11)
As to claim 6, instant application discloses wherein in the analysis process, the processor applies a scoring standard common between the users to the editing operation received from the plurality of users, and calculates the score of the material images. (U.S. Patent 12,136,150 - Claim 12)
As to claim 7, instant application discloses wherein in a case in which the score of a certain type of the material image among the material images acquired in the image acquisition process is calculated, the processor calculates the score of the certain type of the material image in accordance with the number of users who give an instruction for adopting the certain type of the material image in the editing operation. (U.S. Patent 12,136,150 - Claim 13)
As to claim 8, instant application discloses wherein in a case in which the score of an unused image which is not used for generating the edited image in the editing process among the material images acquired in the image acquisition process is calculated, the processor adds a predetermined addition value to the score of the unused image in a case in which a user who gives an instruction for adopting the unused image in the editing operation is present. (U.S. Patent 12,136,150 - Claim 14)
As to claim 9, instant application discloses wherein in a case in which the score of a certain type of the material image among the material images acquired in the image acquisition process is calculated, the processor calculates the score of the certain type of the material image in accordance with a layout of the certain type of the material image as instructed by the user in the editing operation in a case in which a user who gives an instruction for adopting the certain type of the material image in the editing operation is present. (U.S. Patent 12,136,150 - Claim 15)
As to claim 10, instant application discloses wherein in a case in which an instruction for adopting a plurality of the material images is given in the editing operation, the processor specifies a target subject based on a frequency of appearance in the plurality of material images from among subjects appearing in the plurality of material images, and calculates the score of the material images in accordance with presence or absence of appearance of the target subject in the material image. (U.S. Patent 12,136,150 - Claim 16)
As to claim 11, instant application discloses wherein the processor executes the analysis process after receiving the editing operations of all of the plurality of users in the operation reception process. (U.S. Patent 12,136,150 - Claim 2)
As to claim 12, instant application discloses wherein the edited image and the re-edited image are images constituting each page of a photo book having at least one page or more. (U.S. Patent 12,136,150 - Claim 3)
As to claim 13, instant application discloses an image generation method by a processor, the method comprising: a step of executing, by the processor, an image acquisition process of acquiring a material image provided by at least one of a plurality of users; a step of executing, by the processor, an editing process of generating an edited image by using the acquired material image; a step of executing, by the processor, an image output process of outputting the edited image to the plurality of users; a step of executing, by the processor, an operation reception process of receiving an editing operation by the plurality of users with respect to the edited image; a step of executing, by the processor, an analysis process of analyzing a content of the editing operations received from the plurality of users; and a step of executing, by the processor, a re-editing process of re-editing the edited image to generate a re-edited image based on a result of analysis in the analysis process, wherein in the image acquisition process, the material image is acquired from the plurality of users by the processor, the method further comprises a step of executing, by the processor, an evaluation process of evaluating the material images acquired in the image acquisition process based on a subject appearing in the material image and a feature amount relating to an image quality of the material image, and in the editing process, by the processor, the edited image is generated by using the material image preferentially selected based on a result of evaluation in the evaluation process from among the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 17)
As to claim 14, instant application discloses a non-transitory computer-readable medium having a program encoded thereon causing a computer to execute each step of the image generation method according to claim 13. (U.S. Patent 12,136,150 - Claim 18)
As to claim 15, instant application discloses wherein in the image acquisition process, the processor acquires the material image from the plurality of users, in the analysis process, the processor calculates a score corresponding to the content of each of the editing operations received from the plurality of users for the material images acquired in the image acquisition process, and in the re-editing process, the processor generates the re-edited image by using the material image selected based on the score from among the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 6)
As to claim 16, instant application discloses wherein the editing operation is an operation for giving an instruction for any one of change or maintenance of the edited image, the change of the edited image includes at least one of change of a layout of the material image in the edited image or change of a type of the material image used for generating the edited image, and in the analysis process, the processor calculates the score corresponding to a change content of the edited image in the editing operation for the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 7)
As to claim 17, instant application discloses wherein in the analysis process, the processor applies a scoring standard common between the users to the editing operation received from the plurality of users, and calculates the score of the material images. (U.S. Patent 12,136,150 - Claim 8)
As to claim 18, instant application discloses wherein in a case in which the score of a certain type of the material image among the material images acquired in the image acquisition process is calculated, the processor calculates the score of the certain type of the material image in accordance with the number of users who give an instruction for adopting the certain type of the material image in the editing operation. (U.S. Patent 12,136,150 - Claim 9)
As to claim 19, instant application discloses an image generation method by a processor, the method comprising: a step of executing, by the processor, an image acquisition process of acquiring a material image provided by at least one of a plurality of users; a step of executing, by the processor, an editing process of generating an edited image by using the acquired material image; a step of executing, by the processor, an image output process of outputting the edited image to the plurality of users; a step of executing, by the processor, an operation reception process of receiving an editing operation by the plurality of users with respect to the edited image; a step of executing, by the processor, an analysis process of analyzing a content of the editing operations received from the plurality of users; and a step of executing, by the processor, a re-editing process of re-editing the edited image to generate a re-edited image based on a result of analysis in the analysis process, wherein in the image acquisition process, the material image is acquired from the plurality of users by the processor, in the analysis process, a score, which is corresponding to the content of the editing operations received from the plurality of users, is calculated by the processor for the material images acquired in the image acquisition process, and in the re-editing process, by the processor, the re-edited image is generated by using the material image preferentially selected based on the score from among the material images acquired in the image acquisition process. (U.S. Patent 12,136,150 - Claim 19)
As to claim 20, instant application discloses a non-transitory computer-readable medium having a program encoded thereon causing a computer to execute each step of the image generation method according to claim 19. (U.S. Patent 12,136,150 - Claim 20)
CONCLUSION
No prior art has been found for claims 1-20 in their current form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stephen P Coleman whose telephone number is (571)270-5931. The examiner can normally be reached Monday-Thursday 8AM-5PM.
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Stephen P. Coleman
Primary Examiner
Art Unit 2675
/STEPHEN P COLEMAN/Primary Examiner, Art Unit 2675
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