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 .
Response to Arguments
Applicant’s arguments with respect amended claims 1, 4-6, 10, 12-13 and 15, filed on 07/02/2026 have been considered but they are not persuasive.
However, the examiner found some amended limitations are taught by references previous introduced.
In Remark page 7, L 3-7, applicant argued that Chan fails to cure the defects of Lin. Chan discusses estimating characteristics of a user as a subject from an image and presenting candidates for products or the like suited for the person. Emails, text messages, push notifications, and the like to be transmitted to a customer. The images acquired in Chan are images captured by in-store cameras, not images generated by an image-generation model.
The examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model; a ring size larger than in the model” Chan teaches generate an input text prompt (button 142, Fig. 3) which allows users can manually enter/input a text information e.g., their model, body data, height, waist size, associated to the user’s location information (Clothing Dept, Store 451, Fig. 4A);
Independent claims 12 and 15 include limitations similar to those of independent claim 21 and are reject the same as above explanation.
Claims 2-11, 13-14, depend from independent claims 1, 12 and the rejections to the claims are maintained.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 1-15, are rejected under 35 U.S.C. 103 as being unpatentable by Lin et al. (U.S. 2022/0122306 A1) in view of Chan et al. (U.S. 2015/0371260 A1).
Regarding Claim 1 (Currently amended), Lin discloses an information processing apparatus (Lin, [0184] “a general purpose computing apparatus”) comprising:
at least one memory (Lin, [0016] “a memory…comprising instructions” configured to store instructions; and
at least one processor (Lin, [0016] “a processor…instructions which, when executed by the processor” that, upon execution of the stored instructions, causes the at least one processor to:
receive input of person information representing a person and location information representing a location (Lin [0042] “facial attributes editing refers to functionality which enables users to edit single or multiple attributes (e.g. age, smile, hair color or accessories) of a face in an image. For example: the input image depicts a face of a person at age “X,” Lin teaches receive input a person information representing a person (e.g. age, smile, hair color, or accessories) of a face in an image, the input image depicts a face a person at age “X,” ;
generate a text prompt based on the inputted person information and the inputted location information (Lin, [0067] “One or more GUIs provided by the editor interface 104 may include one or more upload elements for uploading content (e.g., an upload field to upload an image to be edited), prompt a user to take a photo” and [0068] a GUI may display one or more sliders (e.g., as shown in FIG. 4) that can be manipulated by the user, each slider corresponding to an attribute of the image to be edited” and [0123]” in FIG. 4, each slider 404 corresponds to a particular attribute filter 402A-402E for a particular attribute. The attribute filters are age filter 402A, happy filter 402B...” Lin teaches generate a prompt (a slider 404) based on the inputted person information (e.g., the attribute age filter 402A, Fig. 4 ;
acquire an image representing the person and the location by inputting the text prompt to causing an image-generation model to generate the image based on selection of the generated prompt (Lin, [0067] “the editor interface 104 responds to user selection of an upload element by transitioning to a view showing available files to upload, prompt a user to take a photo” and Fig. 4, [0123] “The user interface 400 further includes an input image 408, as originally provided without edits, and an output image 410, as modified using the settings configured via the sliders 404” Lin teaches acquire an image representing the person (an input image 408, output image 410) caused an image generation model to generate based on the selection of the generated prompt (the sliders 404) wherein the image-generation model may be hosted on an image generation server (Lin, [0066] “FIGS. 1A-1B, the image editing system 102 may provide an editor interface 104 that a user may use to provide inputs regarding the input image 106 to be edited” and [0071] “The image editing system 102 may execute on a server” Lin teaches the image-generation model (the image editing system 102) is hosted on a server; and
output the image (Lin, Fig. 1A, [0073] “the image generation subsystem 130 further includes a postprocessor 134 that performs postprocessing of the generated image 139 to produce the output image 150” Lin teaches output an image (the output image 150) .
Lin teaches computing environment 100 depicted in FIGS. 1A-1B ([0070]) and the GUIs may include text entry fields ([0068]) and interactive component such as text entry boxes ([0105]).
However, Lin does not explicitly teach receive input of location information to present the location;
generate a text prompt based on input location information;
acquire an image representing the location inputting the text prompt to;
Chan teaches receive input of location information to present the location (Chan, [0023] “The information that processing circuit 120 receives from server 103, in connection with the user input information” and Fig. 4A, [0056] “the processing circuit 120 may determine approximately where customer 130 is located and the direction they are heading (e.g., Clothing Dept. Store 451)…If customer 130 is heading toward Clothing Dept. Store 451 image capture devices 105 of Shoe Store 452 and Office Building 453 may have captured several images prior to customer 130 reaching Clothing Dept. Store 451” Chan teaches receive input of location information to present the location (e.g., Fig. 4A, Clothing Dept. Store 451, Shoe Store 452 and Office Building 453).
generate a text prompt based on input location information (Chan, [0055] “the user's location can be determined based on which image capture device acquires image data of the user, an input from the user” and [0056] “as customer 130 moves from point 401 to point 402 to point 403, processing circuit 120 provides different purchase options to input/output device 140 of customer 130 based on their location” and [0038] “processing circuit 120 may direct commander 110 to instruct customer 130 to move left or right, to rotate, and/or to turn one or more of their extremities, processing circuit 120 directs commander 110 to send these instructions electronically (e.g., email, text message, push notification, etc.) to input/output device 140 of customer 130” and [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model; a ring size larger than in the model” Chan teaches generate an input text prompt (button 142, Fig. 3) which allows users can manually enter/input a text information e.g., their model, body data, height, waist size, based on the user’s location information (Clothing Dept, Store 451, Fig. 4A);
acquire an image representing the location inputting the text prompt to (Chan, [0060] “FIG.4B. As customer 130 enters entranceway 410, one or more image capture devices 105 acquire one or more images of customer 130” and [0061] “as customer 130 moves from point 401 to point 402 to point 403, processing circuit 120 provides different purchase options to input/output device 140 of customer 130 based on their location” and [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data” Chan teaches acquire an image representing the location e.g., a customer 130 enters entranceway 140, moves from Fall Clothes 401, to Shoes 402, Changing room 403, etc. via an inputting the text prompt (a model adjustment button 142, Fig. 3) which allows users can manually enter/input a text information.
Lin and Chan are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Lin to combine with receiving input of location information to present the location via an input text prompt (as taught by Chan) in order to receive input of location information to present the location because Chan can provide receive input text prompt of location information to present the location (e.g., Fig. 4A, Clothing Dept. Store 451, Shoe Store 452 and Office Building 453) and manually enter a text information (Chan, [0023], Fig. 3, [0041], Fig. 4A, [0056]). Doing so, it may provide a streamline the shopping experience by, for example, eliminating time-consuming activities, such as trying to find one's size with a salesperson (Chan, [0037]).
Regarding Claim 2, a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the person information includes at least any one of age, height, gender, attire, hair color, or posture of the person to be included in the generated image (Lin [0042] “facial attributes editing refers to functionality which enables users to edit single or multiple attributes (e.g. age, smile, hair color or accessories) of a face in an image” Lin teaches the person information includes at least on of age or hair color.
Regarding Claim 3, the information processing apparatus according to claim 1, Lin does not explicitly teach wherein the location information includes at least any one of a type of location to be represented by the generated image, a type and number of objects to be included in the generated image, and a number of persons to be included in the generated image.
However, Chan teaches the location information includes at least any one of a type of location to be represented by the generated image, a type and number of objects to be included in the generated image, and a number of persons to be included in the generated image (Chan, [0055] “the user's location can be determined based on which image capture device acquires image data of the user, an input from the user” and [0060] “FIG. 4B. As customer 130 enters entranceway 410, one or more image capture devices 105 acquire one or more images of customer 130” and [0061] “when customer is at location 402, pushes purchase options relating to shoes…to obtain that item for customer 130 to try on when they reach 403 (“changing rooms)” Chan teaches the location information (Fig 4B) include a type of location (e.g., entranceway 410, or shoes store 402 or changing rooms 40), a type and number of objects (e.g., image capture devices 105, 8 pieces) and number of persons (6 persons) in the generated image (Fig. 4B).
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 4 (Currently amended), a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the stored instructions cause the at least one processor to:
display the generated prompt on a display device (Lin, [0144] “the image editing system transmits instructions for rendering the editor interface 104 to include slider elements (e.g., sliders 404 as illustrated in FIG. 4)” Lin teaches display the generated prompts (e.g., sliders 404 as illustrated in FIG. 4) on a display device.
receive a change instruction for changing the prompt displayed on the display device (Lin, [0144] “the image editing system transmits instructions for rendering the editor interface 104 to include slider elements (e.g., sliders 404 as illustrated in FIG. 4). The amount of modification caused by these slider elements (e.g., the range of possible values of the scalar s described above with respect to FIG. 2B) is controlled by the selected range” Lin teaches receive a change instruction for changing the prompt display (e.g., sliders 404 as illustrated in FIG. 4) on the display screen; and
re-generate the image based on selection of the displayed changed prompt (Lin, [0123] “FIG. 4. Responsive to user input modifying the slider 404 position for an attribute, that attribute will be continuously adjusted. For example, the happy filter 402B and yaw filter 402C have relatively high values of 5.0 and 4.5. The user interface 400 further includes an input image 408, as originally provided without edits, and an output image 410, as modified using the settings configured via the sliders 404” Lin teaches re-generate the image (an output image 410, Fig. 4) based on selection of the display changed prompt (via the sliders 404).
However, Lin does not explicitly teach display the generated text prompt on a display device; for changing the text prompt displayed; displayed changed text prompt;
Chan teaches display the generated text prompt on a display device (Chan, [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model” Chan teaches display the generated text prompt (a model adjustment button 142, Fig. 3) which allows users can enter a text information;
Chan also teaches for changing the text prompt displayed and displayed change text prompt by using the same above reference.
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 5 (Currently amended), Lin discloses the information processing apparatus according to claim 4, wherein a change screen for changing the person information and the location information is displayed on the display device, in a case where the change instruction is received, and wherein the image is re-generated based on selection of the displayed changed prompt (Lin, [0144] “the image editing system transmits instructions for rendering the editor interface 104 to include slider elements (e.g., sliders 404 as illustrated in FIG. 4). The amount of modification caused by these slider elements (e.g., the range of possible values of the scalar s described above with respect to FIG. 2B) is controlled by the selected range” and [0123] “The user interface 400 further includes an input image 408, as originally provided without edits, and an output image 410, as modified using the settings configured via the sliders 404” Lin teaches changing the person information (input image 408) based on the change instruction is received or on selection of the displayed changed prompt (via the sliders 404) to re-generate the image (output image 410).
However, Lin does not explicitly teach a change screen for changing the location information is displayed on the display device.
wherein the image is re-generated based on selection of the displayed changed text prompt.
Chan teaches a change screen for changing the location information is displayed on the display device (Chan, [0055] “in FIG. 4B, the user's location can be determined based on which image capture device acquires image data of the user, an input from the user, within input/output device 140 of user” and [0056] “FIG. 4A. the processing circuit 120 may determine approximately where customer 130 is located and the direction they are heading (e.g., Clothing Dept. Store 451),…image capture devices 105 of Shoe Store 452 and Office Building 453 may have captured several images prior to customer 130 reaching Clothing Dept. Store 451” Chan teaches the screen for changing location information e.g., Clothing Dept. Store 451, to Shoe Store 452 and to Office Building 453, Fig. 4A depending to customer reaching.
wherein the image is re-generated based on selection of the displayed changed text prompt (Chan, [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model” Chan teaches display the re-generated text prompt (a model adjustment button 142, Fig. 3) which allows users can enter a text information.
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 6 (Currently amended), a combination of Lin and Chan discloses the information processing apparatus according to claim 4, wherein the change instruction is an edit operation performed on the text prompt displayed on the display device (Lin, [0144] “the image editing system transmits instructions for rendering the editor interface 104 to include slider elements (e.g., sliders 404 as illustrated in FIG. 4). The amount of modification caused by these slider elements (e.g., the range of possible values of the scalar s described above with respect to FIG. 2B) is controlled by the selected range” Lin teaches the change instruction is an edit operation performed on the prompt (e.g., sliders in Fig. 4) displayed on the display device.
However, Lin does not explicitly teach an edit operation performed on the text prompt displayed on the display device.
Chan teaches an edit operation performed on the text prompt displayed on the display device (Chan, [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model” Chan teaches an edit operation perform on the text prompt (a model adjustment button 142, Fig. 3) which allows users can enter a text information displayed on the display device.
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 7, a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the instructions cause the at least one processor to: display the generated image on a display device (Lin, Fig.1, [0066] “the edited output image 150 may be presented or output to the user using the editor interface 104” Lin teaches display the generated image (output image 150) on a display device (the editor interface 104, Fig. 1); and
receive a change instruction to change the generated image displayed on the display device (Lin, [0144] “the image editing system transmits instructions for rendering the editor interface 104 to include slider elements (e.g., sliders 404 as illustrated in FIG. 4). The amount of modification caused by these slider elements (e.g., the range of possible values of the scalar s described above with respect to FIG. 2B) is controlled by the selected range” Lin teaches a change instructions to slider elements (e.g., sliders 404, Fig. 4) to generate image display on the display device.
Regarding Claim 8, a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the instructions cause the at least one processor to replace a face image of the person included in the generated image with a designated face image, and wherein another image is generated by replacing the face image with the designated face image and is output (Lin, [0123] “ in FIG. 4. The attribute filters are age filter 402A, happy filter 402B, yaw filter 402C, bald filter 402D, and surprise filter 402E. Responsive to user input modifying the slider 404 position for an attribute, that attribute will be continuously adjusted. For example, the happy filter 402B and yaw filter 402C have relatively high values of 5.0 and 4.5. The user interface 400 further includes an input image 408, as originally provided without edits, and an output image 410, as modified using the settings configured via the sliders 404” Lin teaches the instruction (user input modifying) cause to replace a face image of a person, generated image with a designated face image (by the sliders 404) by replacing the face image (input image 408) with the designated face image and is output (output image 410), Fig. 4.
Furthermore, Lin also teaches replacing a face image of the person included in the generated image with a face image designated in advance, for e.g., [0128], Fig. 8. The top rows 802 and 804 show the results of editing face images using linear latent filters trained on datasets. Without decorrelation, glasses and beard are added to the face when age 810 is increased (increasing to the right) due to bias in the training data.
Regarding Claim 9, a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the generated image is output to a display device and/or a printer (Lin, Fig. 1, [0066] “the edited output image 150 may be presented or output to the user using the editor interface 104” Lin teaches generated image is output to a display device (the editor interface 104).
Regarding Claim 10 (Currently amended), a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the generated image is acquired by inputting the generated prompt to a program trained to generate an image corresponding to the prompt (Lin, [0070] “in FIGS. 1A-1B may be implemented in software (e.g., code, instructions, program) only executed by one or more processing units (e.g., processors, cores) of the respective systems” and [0016] “obtaining a first training data set comprising latent space representations of a plurality of training images, generating a second training data set by querying an external database to retrieve a set of training images, combining the first training data set and the second training data set to generate combined training data” Lin teaches acquiring (obtaining) combined training data set to generate a set of training images (implemented in software, program).
However, Lin does not explicitly teach inputting the generated text prompt… corresponding to the text prompt.
Chan teaches inputting the generated text prompt… corresponding to the text prompt (Chan, [0041] “FIG. 3, input/output device 140 permits customer 130 to input information, model adjustment button 142 allows customer 130 to either manually adjust their body data, if the user chooses to input an adjustment to their model manually, the user may input a height less than that depicted in the model; a waist size more than that depicted in the model” Chan teaches a generated the text prompt (a model adjustment button 142, Fig. 3) which allows users can enter a text information displayed on the display device.
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 11, a combination of Lin and Chan discloses the information processing apparatus according to claim 1, wherein the person information and the location information are input as at least any one of text data and image data (Lin, [0123] in FIG. 4, each slider 404 corresponds to a particular attribute filter 402A-402E for a particular attribute. The attribute filters are age filter 402A, happy filter 402B, yaw filter 402C, bald filter 402D, and surprise filter 402E. Responsive to user input modifying the slider 404 position for an attribute, that attribute will be continuously adjusted” Lin teaches the person information is input as at least one of text data and image data (Fig. 4, attribute filter 402A-402E for a particular attribute).
Lin does not explicitly teach the location information is input as at least any one of text data and image data;
Chan teaches the location information is input as at least any one of text data and image data (Chan, [0055] “in FIG. 4B, the user's location can be determined based on which image capture device acquires image data of the user, an input from the user, within input/output device 140 of user” and [0056] “FIG. 4A. the processing circuit 120 may determine approximately where customer 130 is located and the direction they are heading (e.g., Clothing Dept. Store 451),…image capture devices 105 of Shoe Store 452 and Office Building 453 may have captured several images prior to customer 130 reaching Clothing Dept. Store 451” Chan teaches the location information is input as text data and image data e.g., Clothing Dept. Store 451, Shoe Store 452 and Office Building 453, Fig. 4A.
Lin and Chan are combinable see rationale in claim 1.
Regarding Claim 12 (Currently amended), a combination of Lin and Chan discloses disclose an information processing method (Lin, [0020] “methods, non-transitory computer-readable storage media storing programs, code, or instructions executable by one or more processors”, performed by an information processing apparatus, the information processing method comprising:
receiving input of person information representing a person and location information representing a location;
generating a text prompt based on the inputted person information and the inputted location information;
acquiring an image representing the person and the location by inputting the text prompt to causing an image-generation model to generate the image based on selection of the generated prompt, wherein the image-generation model may be hosted on an image generation server; and
outputting the image.
Claim 12 is substantially similar to claim 1 and is rejected based on similar analyses.
Regarding Claim 13 (Currently amended), a combination of Lin and Chan discloses disclose the information processing method according to claim 12, further comprising:
displaying the generated text prompt on a display device;
receiving a change instruction for changing the text prompt displayed on the display device; and
re-generating the image based on selection of the displayed changed text prompt.
Claim 13 is substantially similar to claim 4 and is rejected based on similar analyses.
Regarding Claim 14, a combination of Lin and Chan discloses disclose the information processing method according to claim 12, further comprising:
replacing a face image of the person included in the generated image with a face image designated in advance; and
outputting the generated replacement image by replacing the face image with the advance designated face image.
Claim 14 is substantially similar to claim 8 and is rejected based on similar analyses.
Regarding Claim 15 (Currently amended), a combination of Lin and Chan discloses disclose a non-transitory computer-readable storage medium (Lin, [0016] “a non-transitory computer-readable medium comprising instructions which, when executed by the processor”) configured to store a program for causing a computer to execute an information processing method comprising:
receiving input of person information representing a person and location information representing a location;
generating a text prompt based on the inputted person information and the inputted location information;
acquiring an image representing the person and the location by inputting the text prompt to causing an image-generation model to generate the image based on selection of the generated prompt, wherein the image-generation model may be hosted on an image generation server; and
outputting the image.
Claim 15 is substantially similar to claim 1 and is rejected based on similar analyses.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA VU whose telephone number is (571)272-5994. The examiner can normally be reached 8:00- 4:00.
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, Kee Tung can be reached at 571-272-7794. 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.
/KHOA VU/Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
Prosecution Insights