DETAILED ACTION
Claims 1-15 filed September 10th 2024 are pending in the current 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 .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (US2025/0095221) in view of Benedetto et al. (US2024/0193351)
Consider claim 1, where Jain teaches a non-transitory computer-readable storage medium storing a program causing a computer to perform: first reception of receiving first text data (See Jain Fig. 1 and ¶34-35 where computing device 102 receives input data 114 comprising textual information 120); providing the first text data to an image generation AI apparatus; (See Jain Fig. 1 and ¶37-38 where the input data 114 is provided to a generative AI model 122) first image obtainment of obtaining, from the image generation AI apparatus, first image data for the first text data, the first image data being generated by the image generation AI apparatus; (See Jain Fig. 1 and ¶37 where the generative AI model 122 generates an output image 124 from the input data 114) and external apparatus transmission of transmitting the first text data and the first image data associated with one another to an external apparatus. (See Jain Fig. 1 and ¶38 where the output image 124 and the textual information 120 is sent over network 106 to the client device 104)
Jain teaches providing the textual data 120 to the generative AI model 122 and although a single computing device 102 is shown, the computing device 102 is also representative of a plurality of different devices, such as multiple servers (See Jain ¶34), however Jain does not explicitly teach first transmission of transmitting the first text data. However, in an analogous field of endeavor Benedetto teaches first transmission of transmitting the first text data.(See Benedetto Fig. 1 and ¶30 where the user prompt is encoded at a coder/decoder (CODEC) module available at the client device 100 and the encoded user prompt is transmitted to the server 300 over the network 200 in accordance to communication protocol followed for communicating between the client device 100 and the server 300) Therefore, it would have been obvious that when the computing device 102 of Jain is implemented as a plurality of devices, the information 120 would be shared via a transmission as taught by Benedetto. One of ordinary skill in the art would have been motivated to perform the modification to use known methods to communicate between a plurality of devices in a known embodiment.
2. The non-transitory computer-readable storage medium according to claim 1, wherein the program further causes the computer to perform second reception of receiving second text data as a comment on the first image data, (See Jain ¶46-49 Additionally or alternatively, the textual information 120 includes comments 224 and/or reviews 226 posted to a comment section and/or review section of a publication 212. The comments 224 and/or reviews 226 are posted by consumers that have viewed and/or interacted with the publication 212) wherein the external apparatus transmission includes transmitting the first text data, the first image data and the second text data associated with one another to the external apparatus. (See Jain Fig. 1 and ¶38, 49 where the output image 124 and the textual information 120 is sent over network 106 to the client device 104, where the textual information 120 may include the publication text as well as comments/reviews.)
Consider claim 3, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 2, wherein the program further causes the computer to perform: second transmission of transmitting the first image data and the second text data to the image generation AI apparatus; (See Jain ¶61-62, 89 where the structured sources of the input data 114, for example, include sources of the input data 114 provided by a publisher as part of creating or editing a publication 212) and second image obtainment of obtaining second image data for the first image data and the second text data from the image generation AI apparatus, wherein the external apparatus transmission includes transmitting the first text data, the first image data, the second text data and the second image data associated with one another to the external apparatus. (See Jain ¶89 where The third panel 414 additionally includes a user interface element 424 that is selectable to instruct the background generation system 112 to generate a new output image 124 in accordance with the updated parameters specified via the third panel 414. In response to receiving user input selecting the user interface element 424, for instance, the client device 204 communicates the updated parameters to the background generation system 112, which generates a new output image 124 in accordance with the techniques discussed herein based on the updated parameters. The new output image 124 is communicated back to the client device 204, which renders the new output image 124 for display in the first panel 410 and/or the second panel 412.)
Consider claim 4, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 3, wherein the program further causes the computer to perform third reception of receiving third text data as a comment on the second image data, wherein the external apparatus transmission includes transmitting the first text data, the first image data, the second text data, the second image data and the third text data associated with one another to the external apparatus. (See Jain ¶89, 72 where The third panel 414 additionally includes a user interface element 424 that is selectable to instruct the background generation system 112 to generate a new output image 124 in accordance with the updated parameters specified via the third panel 414. In response to receiving user input selecting the user interface element 424, for instance, the client device 204 communicates the updated parameters to the background generation system 112, which generates a new output image 124 in accordance with the techniques discussed herein based on the updated parameters. The new output image 124 is communicated back to the client device 204, which renders the new output image 124 for display in the first panel 410 and/or the second panel 412. Thus, new comments may generate new images)
Consider claim 5, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the external apparatus transmission is transmission based on an obtainment instruction from the external apparatus. (See Jain ¶50 where the notification 230 includes an indication of the user 232 (e.g., a user profile) that is requesting to access the publication 212)
Consider claim 6, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the first text data is based on at least one of free description and selection from a prepared text. (See Jain ¶61-62 where the input data can come from structured sources (See Jain Fig. 4B) or unstructured sources (open ended))
Consider claim 7, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the program further causes the computer to perform display of causing a display to display an obtained design requirement extracted from the first text data by the image generation AI apparatus. (See Jain ¶48, 86-89 and Fig. 4b where design attributes are extracted and fed through the AI image generator)
Consider claim 8, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 7, wherein deletion is selectable for each of the displayed design requirement. (See Jain ¶67, 88 where a particular attribute may be removed from the generate text model)
Consider claim 9, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the first image data obtained in the first image obtainment includes a plurality of images, wherein the program further causes the computer to perform: display of causing a display to display the plurality of images; and image selection of allowing a user to select a desired image from among the displayed plurality of images, and, wherein in the external apparatus transmission, the selected desired image is transmitted as the first image data. (See Jain Fig. 4b and ¶89-91 where the first panel 410 presents a plurality of alternate generated image that may be used)
Consider claim 10, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the program further causes the computer to perform drawing style information reception of receiving an input of drawing style information. (See Jain ¶89 where the styles that are specifiable by the user interface element 422 include, for example, a degree of realism for the output images 124 (e.g., photorealistic images or cartoon images), color schemes for the output images 124, and the like.)
Consider claim 11, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 10, wherein the drawing style information is image feature data obtained by learning a past image group for an identical customer. (See Benedetto ¶35 where the style can be deduced from the user profile data of the user or from interactive content consumed by the user over time. The user profile data can be retrieved from a user profile database (not shown) using a user identifier of the user. The interactive content preferred by the user can be retrieved from usage history or interactive history maintained for the user in content database (not shown), for example.) Therefore, it would have been obvious for one of ordinary skill in the art to save the styles of Jain such that they can be referred to later as taught by Benedetto. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of using known techniques of referring back to previous work in order to maintain stylistic consistency.
Consider claim 12, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the first image data is image data that is a source of a final design image, and is image data being lower in at least one of resolution, the number of gradations and the number of colors than the final design image. (See Benedetto ¶75 where after the final denoising stage, the output is provided to a decoder 612 that transforms that output to the pixel space. In one embodiment, the output is also upscaled to improve the resolution. ) Therefore, it would have been obvious to one of ordinary skill in the art that the creation and editing operation of a publication as taught by Jain could upscale the final image as taught by Benedetto. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of using fewer resources while working on the project and creating an upscaled final published image.
Consider claim 13, where Jain in view of Benedetto teaches the non-transitory computer-readable storage medium according to claim 1, wherein the program further causes the computer to perform: third transmission of transmitting the first image data to a saliency analysis apparatus; saliency analysis result obtainment of obtaining a saliency analysis result of the first image data from the saliency analysis apparatus; and display of causing a display to display the obtained saliency analysis result. (See Jain Fig. 3 and ¶73-74 where the output image 124 is provided to the visual saliency module 128 to obtain a visual saliency map 324 and displaying the resulting image if the saliency threshold is met)
Consider claim 14, where Jain teaches an image creation support system comprising: a hardware processor that receives first text data; (See Jain Fig. 1 and ¶34-35 where computing device 102 receives input data 114 comprising textual information 120); and a provider that provides the first text data to an image generation AI apparatus, (See Jain Fig. 1 and ¶37-38 where the input data 114 is provided to a generative AI model 122) wherein the hardware processor obtains, from the image generation AI apparatus, first image data for the first text data, the first image data being generated by the image generation AI apparatus, (See Jain Fig. 1 and ¶37 where the generative AI model 122 generates an output image 124 from the input data 114) and wherein the transmitter transmits the first text data and the first image data associated with one another to an external apparatus. (See Jain Fig. 1 and ¶38 where the output image 124 and the textual information 120 is sent over network 106 to the client device 104)
Jain teaches providing the textual data 120 to the generative AI model 122 and although a single computing device 102 is shown, the computing device 102 is also representative of a plurality of different devices, such as multiple servers (See Jain ¶34), however Jain does not explicitly teach a transmitter for transmitting the first text data. However, in an analogous field of endeavor Benedetto teaches a transmitter for transmitting the first text data.(See Benedetto Fig. 1 and ¶30 where the user prompt is encoded at a coder/decoder (CODEC) module available at the client device 100 and the encoded user prompt is transmitted to the server 300 over the network 200 in accordance to communication protocol followed for communicating between the client device 100 and the server 300) Therefore, it would have been obvious that when the computing device 102 of Jain is implemented as a plurality of devices, the information 120 would be shared via a transmission as taught by Benedetto. One of ordinary skill in the art would have been motivated to perform the modification to use known methods to communicate between a plurality of devices in a known embodiment.
Consider claim 15, where Jain teaches an image creation support method that is performed by an image creation support system, comprising; receiving first text data; (See Jain Fig. 1 and ¶34-35 where computing device 102 receives input data 114 comprising textual information 120) providing the first text data to an image generation AI apparatus; obtaining, from the image generation AI apparatus, (See Jain Fig. 1 and ¶37-38 where the input data 114 is provided to a generative AI model 122) first image data for the first text data, the first image data being generated by the image generation AI apparatus; (See Jain Fig. 1 and ¶37 where the generative AI model 122 generates an output image 124 from the input data 114) and transmitting the first text data and the first image data associated with one another to an external apparatus. (See Jain Fig. 1 and ¶38 where the output image 124 and the textual information 120 is sent over network 106 to the client device 104)
Jain teaches providing the textual data 120 to the generative AI model 122 and although a single computing device 102 is shown, the computing device 102 is also representative of a plurality of different devices, such as multiple servers (See Jain ¶34), however Jain does not explicitly teach transmitting the first text data. However, in an analogous field of endeavor Benedetto teaches transmitting the first text data.(See Benedetto Fig. 1 and ¶30 where the user prompt is encoded at a coder/decoder (CODEC) module available at the client device 100 and the encoded user prompt is transmitted to the server 300 over the network 200 in accordance to communication protocol followed for communicating between the client device 100 and the server 300) Therefore, it would have been obvious that when the computing device 102 of Jain is implemented as a plurality of devices, the information 120 would be shared via a transmission as taught by Benedetto. One of ordinary skill in the art would have been motivated to perform the modification to use known methods to communicate between a plurality of devices in a known embodiment.
Conclusion
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WILLIAM LU
Primary Examiner
Art Unit 2624
/WILLIAM LU/Primary Examiner, Art Unit 2624