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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-10 and 12-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., U.S. Patent Publication Number 2022/0398995 A1, in view of Hsun, U.S. Patent Publication Number 2015/0117777 A1.
Regarding claim 1, Wang discloses a method, comprising: in response to an effect triggering operation for enabling an effect (paragraph 0030, in response to that the electronic device starts the video application (e.g., in response to user selection)), acquiring an interface to be processed corresponding to the effect (paragraph 0030, a login display interface may be displayed); and in response to detecting the interface to be processed comprising a first object and a second object, displaying a color displayed by the first object on the second object (paragraph 0034, at least two colored display areas of the target object are determined, and different color information is displayed; paragraph 0035, presenting an effect of dynamic change; paragraph 0038, first color information is displayed in the first colored display area, and the second color information is displayed in the second colored display area; paragraph 0045, first color information on the target object gradually shrinks or decreases in area, and the second colored display area of the second color information on the target object gradually expands or increases in area to fill the receded area of the first colored display area; it is noted that Wang discloses second color on the first color area, however, Wang discloses effect responsive to user selection; FIG. 5-12, angle of display to fill area, therefore Examiner interprets an opposite angle of the device as first color object on second color object).
However, it is noted that Wang discloses a video application and a dynamic, but fails to disclose a method of image processing, enabling a image effect, acquiring an image to be processed corresponding to the image effect; and detecting the image to be processed comprising a first object and a second object.
Hsun discloses a method of image processing, comprising: an effect triggering operation for enabling a image effect (paragraph 0023, effect selector 119; paragraph 0046, effect selection receive the region data and object characteristics; FIG. 2), acquiring an image to be processed corresponding to the image effect (paragraph 0026, medial interface obtains a digital image); and in response to detecting the image to be processed comprising a first object and a second object, displaying a color displayed by the first object on the second object (paragraph 0026, identify one or more objects within the foreground and background regions of the input image; paragraph 0027, applies the first effect to either the entire foreground region or to specific objects within the foreground region of the input image; the effects may comprise color change).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the video application with the dynamic effect, as disclosed by Wang, applying the effect to images as disclosed by Hsun, to create a dynamic effect on images, to thereby obtain a resulting color change effect as disclosed by Hsun.
Regarding claim 2, Wang discloses (paragraph 0030, in response to that the electronic device starts the video application (e.g., in response to user selection); and paragraph 0002, displaying a target object in relation to videos).
Wang fails to specifically disclose wherein the acquiring an image to be processed corresponding to the image effect comprises: acquiring an image uploaded or shot in a shooting mode for applying the image effect, as the image to be processed corresponding to the image effect; or acquiring each image frame in a video uploaded or recorded in real time for applying the image effect, as the image to be processed corresponding to the image effect; or acquiring an image containing at least one of the first object or the second object in a video uploaded or recorded in real time for applying the image effect, as the image to be processed corresponding to the image effect.
Hsun discloses wherein the acquiring an image to be processed corresponding to the image effect comprises: acquiring an image uploaded or shot in a shooting mode for applying the image effect, as the image to be processed corresponding to the image effect; or acquiring each image frame in a video uploaded or recorded in real time for applying the image effect, as the image to be processed corresponding to the image effect; or acquiring an image containing at least one of the first object or the second object in a video uploaded or recorded in real time for applying the image effect, as the image to be processed corresponding to the image effect (paragraph 0035, obtains a digital image, where the digital image may comprise, for example, a captured digital photo or a frame from a frame sequence in a video).
Regarding claim 3, Wang discloses wherein the displaying a color of the first object on the second object comprises: replacing a color of the second object with the color of the first object; or fusing the color of the first object to the color of the second object (FIG. 10).
Hsun 2015/0117777, paragraph 0027, effects may comprise color change.
Regarding claim 4, Wang discloses further comprising: determining a center pixel point of the first object, and using a color of a center pixel as the color of the first object; or traversing to read a color value of each of pixel points in a region in the first object, and according to calculating an average value of color values of all of the pixel points in the region, using a color corresponding to the average value as the color of the first object (paragraph 0065, the angle change value in the angle change data is compared with a preset value, where the preset value may be an angle change value when a predetermined center point of the gradient color information corresponding to the width of the to-be-displayed area coincides with the center point of the target area).
Regarding claim 5, it is noted that Wang discloses determining a center pixel point of the first object (paragraph 0065, predetermined center point of the gradient color information corresponding to the width of the to-be-displayed area).
However, Wang fails to disclose the gradient comprises segmenting the first object from the image to be processed to obtain a segmented image and determining the center pixel point of the first object according to the segmented image.
Hsun further disclose segmenting the first object from the image to be processed to obtain a segmented image and determining the center pixel point of the first object according to the segmented image (paragraph 0040, segmentation module may identify groups of pixels or sets of contours within the input image based on pixels that share similar attributes (e.g., color or intensity attributes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the predetermined center point of the gradient color information as disclosed by Wang, segmenting to identify the center point from an image as disclosed by Hsun, to identify groups of pixels in images for color where the pixels share attributes e.g., color or intensity to perform the dynamic effect to an image.
Regarding claim 6, Wang discloses after the displaying a color of the first object on the second object, further comprising: acquiring a color adjustment grayscale and displaying the color adjustment grayscale on the second object (paragraph 0050, the second colored display are includes solid color information corresponding to the second color parameter, and gradient color information transitioning from the first color parameter to the second color parameter).
Hsun discloses an image (FIG. 2).
Regarding claim 7, Wang discloses displaying a color of the first object on the second object (paragraph 0038, first color information is displayed in the first colored display area, and the second color information is displayed in the second colored display area; paragraph 0045, first color information on the target object gradually shrinks or decreases in area, and the second colored display area of the second color information on the target object gradually expands or increases in area to fill the receded area of the first colored display area).
However, it is noted that Wang fails to disclose further comprising: performing Gaussian blur processing on the second object.
Hsun discloses after the displaying a color of the first object on the second object, further comprising: performing Gaussian blur processing on the second object (paragraph 0048, the subgroups of effects comprise pre-selected effects; a noise effect may be paired with an edge enhancements effect; a blurring effect may be applied to the background region while a sharpening effect is applied to objects in the foreground region; background region may be converted to black and white while the saturation level of the foreground region is increased).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the color areas increasing and decreasing as disclosed by Wang, the blurring effect as disclosed by Hsun, to sharpen and increase the regions of object where the effect is being applied.
Regarding claim 8, Wang discloses displaying a color of the first object on the second object (paragraph 0038, first color information is displayed in the first colored display area, and the second color information is displayed in the second colored display area; paragraph 0045, first color information on the target object gradually shrinks or decreases in area, and the second colored display area of the second color information on the target object gradually expands or increases in area to fill the receded area of the first colored display area).
However, Wang fails to disclose after the displaying, further comprising: adding a filter result to the second object.
Hsun discloses after the displaying, further comprising: adding a filter result to the second object (paragraph 0048, the subgroups of effects comprise pre-selected effects; a noise effect may be paired with an edge enhancements effect).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the color areas increasing and decreasing as disclosed by Wang, the subgroups pre-selected effects such as a noise effect paired with an edge enhancement effect as disclosed by Hsun, to sharpen and increase the regions of the object where the effect is being applied.
Regarding claim 9, Wang discloses an object (paragraph 0005), but fails to disclose wherein the first object comprises at least one selected from the group consisting of a hand-held object, a salient object and an image subject belonging to a first subject type in the image to be processed.
Hsun discloses wherein the first object comprises at least one selected from the group consisting of a hand-held object, a salient object and an image subject belonging to a first subject type in the image to be processed (paragraph 0040, salient objects, facial features, identification of the sky and other background objects/regions; identify one or more objects within the input image; paragraph 0043, may determine that certain object within the input image correspond to individuals; identify faces of individuals within the input image).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include as the object disclosed by Wang, the group as disclosed by Hsun, to allow the effect to be applied to objects detected in images.
Regarding claim 10, Wang disclose an object (paragraph 0005).
However, it is noted that Wang fails to disclose wherein the second object comprises at least one selected from the group consisting of a body part of a user in the image to be processed, a clothing of the user, a background region of the image to be processed, and an image subject belonging to a second subject type.
Hsun discloses wherein the second object comprises at least one selected from the group consisting of a body part of a user in the image to be processed, a clothing of the user, a background region of the image to be processed, and an image subject belonging to a second subject type (paragraph 0038, a first effect is selected from a grouping of effects, and in block 450, a second effect is selected from a grouping of effects; paragraph 0039, effects are applied to at least a portion of the background region; paragraph 0040, salient objects, facial features, identification of the sky and other background objects/regions; identify one or more objects within the input image; paragraph 0043, may determine that certain object within the input image correspond to individuals; identify faces of individuals within the input image).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include as the object disclosed by Wang, the group as disclosed by Hsun, to allow the effect to be applied to objects detected in images.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 and 12-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jefferson et al., U.S. Patent Publication Number 2025/0117991 A1
Jefferson discloses paragraph 0059, a user interface provides reference image selection element 305 that includes a set of reference image options corresponding to different modes of obtaining the reference image. The user interface receives a reference image selection input via the reference image selection element 305. The reference image 310 is obtained based on the reference image selection input; paragraph 0060, the user interface provides an image upload element 320 based on the reference image selection input. Then the reference image 310 is uploaded via the image upload element 320. In some examples, the user interface displays a set of images based on the reference image selection input. The reference image 310 is selected from the set of images.
Li et al., U.S. Patent Number 11,696,018 B2
Li discloses col. 2, lines 5-21, displaying, by the electronic device, a capture screen on the touchscreen after detecting a first operation performed by a user to open a camera, where the capture screen includes a viewfinder frame, and the viewfinder frame includes a color first image; after detecting a second operation performed by the user to indicate a first processing mode, displaying, by the electronic device, a second image in the viewfinder frame in response to the second operation, where the second image is an image obtained after first processing is performed on a first original image captured by the camera lens, the second image includes a first region and a second region, the first region is a region in which a first target object is located on the second image, the second region is a region other than the first region on the second image, the first region is a color image, the second region is a grayscale image, and the first target object is one or more body types, or the first target object is one or more bodies.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619
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