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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2024 have been made record of and considered by the examiner.
Claim Objections
Claim 16 is objected to because of the following informalities: the claim recites the term “objective function.” Neither the claim nor the specification clearly define “objective function”, see [0090, 0117, 0151]. Appropriate clarification is required.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6-8, 14, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN108234825A), and in further view of Zhang (CN101309389A).
Consider claims 1, 19, and 20, Wei discloses a video processing method (¶80), comprising:
[claim 19: an electronic device, comprising: one or more processors; and a storage device for storing one or more programs, wherein when the one or more programs are executed by the one or more processors (¶80), the one or more processors is caused to:]
[claim 20: a non-transitory storage medium containing computer executable instructions, wherein the computer executable instructions, when executed by a computer processor (¶80), cause the computer processor to:]
extracting a target object in a video frame to be processed (¶47; “S200: Identify the image to be processed from the video.”; ¶49-52; “thereby identifying the main subject in the video, or in other words, identifying the image to be processed in the video”), in response to an effect triggering operation (¶48; “the user selects to apply effects to the video”);
generating an image background plate comprising at least one image to be displayed (¶49-52; “The application subtracts the same components of the initially recorded static background from the video in which the main subject was recorded against the static background”; ¶53-54; “S300: Obtain a preset background based on the characteristics of the image.”; ¶55-59; preset background; ¶60-62 dynamic image background); and
fusing the target object with the image background plate, to obtain an effect video frame and display the effect video frame (¶55-61; “S400: Overlay the image onto the background to generate a video containing the background… The image is layered frame by frame, with each frame superimposed on top of a dynamic image background to generate a video containing the dynamic image background”);
wherein at least one of display content (¶60-62; “the background is a dynamic image background, which contains information about duration and frame count. When the image is superimposed on the background, the image is superimposed frame by frame on the dynamic image background in a layered manner. When the duration of the image background is less than the duration of the video, multiple image backgrounds are copied to superimpose all the images on the dynamic image background.”).
Wei fails to explicitly disclose wherein at least one of display content and a display angle of the image background plate relative to the target object dynamically changes.
In related art, Zhang discloses wherein at least one of display content and a display angle of the image background plate relative to the target object dynamically changes (Zhang ¶32-33; “Step 102: If the viewing angle of the video device changes, the first background image is adjusted according to the change in the viewing angle of the video device to obtain the second background image.”; ¶59-60; “The video device rotates 30 degrees clockwise around the y-axis, thus changing the viewing angle. Consequently, the entire background image also needs to rotate 30 degrees clockwise around the y-axis.”).
Zhang states, “the existing technical solutions for compositing user images with specified background images can achieve the purpose of changing the user's visible background, but they lack realism and the user experience is relatively monotonous (Zhang ¶8).” Similarly, Wei states “the filters provided by applications at present often only process the color of the video and rarely combine it with the background of the video or the main action in the video (Wei ¶4).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the viewing-angle responsive adjustment of Zhang into the video processing method of Wei to predictably yield more visually appealing videos (Wei ¶4, Zhang ¶8).
Consider claim 6, Wei, as modified by Zhang, discloses the claimed invention wherein fusing the target object with the image background plate, to obtain the effect video frame comprises:
updating, based on information about relative distance between the target object and a display interface, a display size of the image background plate in the display interface (Wei ¶54); and
fusing the target object with the image background plate of the updated display size, to obtain the effect video frame (Wei ¶54-56, 69-71, 84).
Consider claim 7, Wei, as modified by Zhang, discloses the claimed invention wherein fusing the target object with the image background plate, to obtain the effect video frame comprises:
determining a scaling ratio of the target object according to a display size of the image background plate (Wei ¶54; Zhang ¶70-71); and
fusing the target object with the image background plate according to the scaling ratio, to obtain the effect video frame (Wei ¶54-63; Zhang ¶70-71).
Consider claim 8, Wei, as modified by Zhang, discloses the claimed invention further comprising in a process of fusing the target object with the image background plate: cyclically displaying the image background plate according to a cyclic display duration of the image background plate (Wei ¶61-62).
Consider claim 14, Wei, as modified by Zhang, discloses the claimed invention further comprising: acquiring a current video shooting mode, in response to the display content of the image background plate being determined based on a camera shooting angle (Wei ¶60-63; Zhang ¶29-44, 57-65, 68-80);
determining a scene angle to be adjusted corresponding to the image background plate based on a current shooting mode and a current shooting angle of a shooting device (Wei ¶60-63; Zhang ¶29-44, 57-65, 68-80); and
determining a target scene angle based on the scene angle to be adjusted and an initial scene angle, to determine a display angle of the image background based on the target scene angle (Wei ¶60-63; Zhang ¶29-44, 57-65, 68-80).
Claims 2-5, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wei, in further view of Zhang, as applied to claims 1, 6-8, 14, 19, and 20, above, and further in view of Shuai (CN113196785A).
Consider claims 2 and 21, Wei, as modified by Zhang, discloses the claimed invention wherein generating the image background plate comprising the at least one image to be displayed comprises:
(Wei ¶16, 50-62, Zhang ¶32-38, 68-71, 74); and
determining the image background plate based on the at least one background plate to be displayed (Wei ¶50-62; Zhang ¶32-41, 71).
In related art, Shuai discloses performing layout processing on the at least one image to be displayed based on at least one image layout, to obtain at least one background plate to be displayed, wherein the at least one image layout is preset and/or pre-uploaded (Shuai FIGs. 3, 4; ¶24-39, ¶80-87).
Wei states “the filters provided by applications at present often only process the color of the video and rarely combine it with the background of the video or the main action in the video (Wei ¶4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the layout processing of Shuai into the video processing method of Wei, as modified by Zhang, to create more visually appealing videos. Shuai specifically allows for the display of a plurality of target objects, as a background display, without obscuring the foreground object (Shuai FIGs. 3, 4; ¶24-39, ¶80-87).
Consider claim 3, Wei, as modified by Zhang and Shuai, discloses the claimed invention wherein the image layout comprises a horizontal grid and a vertical grid for placing the image to be displayed, and wherein performing the layout processing on the at least one image to be displayed based on the at least one image layout, to obtain the at least one background plate to be displayed comprises (Wei ¶50-62; Zhang ¶32-41, 71; Shuai FIGs. 3, 4; ¶24-39, ¶80-87):
determining at least one image to be laid out corresponding to the at least one image to be displayed according to a cropping ratio corresponding to a shooting mode (Wei ¶50-62; Zhang ¶32-41, 68-80; Shuai FIGs. 3, 4; ¶24-39, ¶80-87); and
placing the at least one image to be laid out in a corresponding vertical grid or horizontal grid respectively, to obtain a background plate to be displayed corresponding to the image layout (Wei ¶50-62; Zhang ¶32-41, 68-80; Shuai FIGs. 3, 4; ¶24-39, ¶80-87).
Consider claim 4, Wei, as modified by Zhang and Shuai, discloses the claimed invention wherein determining the image background plate based on the at least one background plate to be displayed comprises: determining a display interface size for displaying the at least one background plate to be displayed, to determine the image background plate based on the display interface size (Zhang ¶68-71); or
performing circular stitching on the at least one background plate to be displayed, to obtain the image background plate (Wei ¶61-62).
Consider claim 5, Wei, as modified by Zhang, while disclosing the claimed invention further comprising prior to extracting the target object in the video frame to be processed: shooting the video frame to be processed corresponding to a current scene (Wei ¶46-47; Zhang ¶44, 75), fails to explicitly disclose shooting continuously the video frame to be processed to extract the target object in the video frame to be processed, in response to detecting that an effect display condition is met.
In related art, Shuai discloses shooting the video frame to be processed corresponding to a current scene (Shuai ¶46, 61, 72-83); and
shooting continuously the video frame to be processed to extract the target object in the video frame to be processed, in response to detecting that an effect display condition is met (Shuai ¶46, 56, 61, 72-83).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the live capturing of Shuai into the video processing method of Wei, as modified by Zhang, to create more visually appealing videos. Shuai specifically allows for the display of a plurality of target objects, as a background display, without obscuring the foreground object during a livestream (Shuai FIGs. 3, 4; ¶24-39, 46, 61, 72-87).
Consider claim 12, Wei, as modified by Zhang, fails to explicitly disclose the claimed invention further comprising: determining a target enlarged display image in the image background plate, in a process of displaying the image background plate, to enlarge and display the target enlarged display image.
In related art, Shuai discloses determining a target enlarged display image in the image background plate, in a process of displaying the image background plate, to enlarge and display the target enlarged display image (Shuai FIGs. 3, 4; ¶84).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the selected display state of Shuai into the video processing method of Wei, as modified by Zhang, to “display the identified gift in a selected state on the viewer's client (Shuai ¶84).”
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wei, in further view of Zhang, as applied to claims 1, 6-8, 14, 19, and 20, above, and further in view of Mo (US 2024/0135501 A1).
Consider claim 9, Wei, as modified by Zhang, fails to specifically disclose the claimed invention further comprising in a process of cyclically displaying the image background plate: displaying a transition effect when switching the image background plate, to display a next image background plate based on the transition effect.
In related art, Mo discloses displaying a transition effect when switching the image background plate, to display a next image background plate based on the transition effect (Mo FIG. 1 #S110, ¶10, 19-20, 40, 90).
Mo states, “With the development of video processing technology, common videos are no longer able to meet people's demands for content acquisition (Mo ¶3).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the cyclic background flipping of Mo into the video processing methods of Wei, as modified by Zhang, to create more visually appealing videos (Wei ¶4; Zhang ¶8; Mo ¶3).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wei, in further view of Zhang, as applied to claims 1, 6-8, 14, 19, and 20, above, and further in view of Chang (US 2022/0038642 A1).
Consider claim 10, Wei, as modified by Zhang, fails to specifically disclose the claimed invention further comprising: freezing and displaying the target object in the image background plate in response to detecting that the target object meets a freeze-display condition, to obtain the effect video frame.
In related art, Chang discloses freezing and displaying the target object in the image background plate in response to detecting that the target object meets a freeze-display condition, to obtain the effect video frame (Chang ¶29-32, 39-48, 64-74, 83).
Chang’s goal is generating video effects easily and quickly (Chang ¶3, 45-48). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the freeze condition of Mo into the video processing methods of Wei, as modified by Zhang, to create more visually appealing videos (Wei ¶4; Zhang ¶8; Chang ¶3).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wei, in further view of Zhang, as applied to claims 1, 6-8, 14, 19, and 20, above, and further in view of Reid (‘Why is the Text in my Teams Background Back To Front’).
Consider claim 13, Wei, as modified by Zhang, fails to specifically disclose determining a mirror plane corresponding to the image background plate in the display interface, to display a mirror image of the image background plate based on the mirror plane.
In related art, Reid discloses determining a mirror plane corresponding to the image background plate in the display interface, to display a mirror image of the image background plate based on the mirror plane (Reid pages 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the common Background mirroring functionalities explained by Reid into the video processing method of Wei, as modified by Zhang, to create a more visually appealing background to viewers (Wei ¶4; Reid pages 1-3).
Allowable Subject Matter
Claims 11 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO2018110978A1 discloses an image synthesizing system.
Snapchat’s Lens Studio details many templates for triggered special effects.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY HYTREK whose telephone number is (703)756-4562. The examiner can normally be reached M-F 9:00-5:00.
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, Steve Koziol can be reached at (408)918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ASHLEY HYTREK/Examiner, Art Unit 2665
/Stephen R Koziol/Supervisory Patent Examiner, Art Unit 2665
Prosecution Insights