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 .
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9, 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12,148,451 (herein, “’451”). Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1 of instant application
Claim 1 of instant application
Claim 1 of ‘451
A video generating method, wherein the method comprises:
acquiring first information, wherein the first information is used for describing writing requirements of a video copywriting;
A video generating method, wherein the method comprises:
acquiring first text information, wherein the first text information is used for describing writing requirements of a video copywriting;
generating second information based on the first information, wherein the second information is copywriting information based on the first information;
generating second text information based on the first text information, wherein the second text information is copywriting information meeting the writing requirements described by the first text information;
generating multimedia editing data based on the second information;
wherein the multimedia editing data comprises at least one video editing track segment that respectively corresponds to at least one information segment divided based on the second information; and wherein the at least one video editing track segment is configured to be one of: an empty segment, a segment filled with a video image matching the corresponding information segment, or a segment filled with a meme image matching the corresponding information segment;
generating multimedia editing data based on third text information; wherein the third text information is obtained based on the second text information; the multimedia editing data comprises at least one video editing track segment and at least one audio editing track segment, wherein the at least one video editing track segment and the at least one audio editing track segment respectively correspond to at least one text segment divided from the third text information, a target audio editing track segment of the at least one audio editing track segment is used to fill a read speech matching the target text segment, and a target video editing track in the at least one video editing track segment and the target audio editing track segment occupy the same timeline position on a video editing timeline;
generating a target video based on the multimedia editing data.
generating a target video based on the multimedia editing data.
It should be noted that the table above distinguishes the equivalent limitations between the instant application and that of ‘451. In conclusion, claim 1 of the instant application is anticipated by claim 1 of ‘451 in that claim 1 of ‘451 contains all the limitations of claim 1 of the instant application. The instant application claim is broader or equivalent in every aspect than claim 1 of ‘451 and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patently distinct from each other because claim 1 is generic to all that is recited in claim 1 of ‘451. That is, claim 1 of instant application is anticipated by claim 1 of ‘451.
Claim 2 of the instant application corresponds to claim 2 of ‘451 Patent.
Claim 3 of the instant application corresponds to claim 3 of ‘451 Patent.
Claim 4 of the instant application corresponds to claim 4 of ‘451 Patent.
Claim 5 of the instant application corresponds to claim 5 of ‘451 Patent.
Claim 6 of the instant application corresponds to claim 6 of ‘451 Patent.
Claim 7 of the instant application corresponds to claim 1 of ‘451 Patent.
Claim 8 of the instant application corresponds to claim 8 of ‘451 Patent.
Claim 9 of the instant application corresponds to claim 9 of ‘451 Patent.
Regarding claim 11 of instant application
Claim 11 of instant application
Claim 11 of ‘451
An electronic device, wherein the electronic device comprises:
at least one processor;
a storage device for storing at least one program;
the at least one program, when executed by the at least one processor, causes the at least one processor to:
acquire first information, wherein the first information is used for describing writing requirements of a video copywriting;
An electronic device, wherein the electronic device comprises:
at least one processor;
a storage device for storing at least one program;
the at least one program, when executed by the at least one processor, causes the at least one processor to:
acquire first text information, wherein the first text information is used for describing writing requirements of a video copywriting;
generate second information based on the first information, wherein the second information is copywriting information based on the first information;
generate second text information based on the first text information, wherein the second text information is copywriting information meeting the writing requirements described by the first text information;
generate multimedia editing data based on the second information; wherein the multimedia editing data comprises at least one video editing track segment that respectively corresponds to at least one information segment divided based on the second information; and wherein the at least one video editing track segment is configured to be one of: an empty segment, a segment filled with a video image matching the corresponding information segment, or a segment filled with a meme image matching the corresponding information segment;
generate multimedia editing data based on third text information; wherein the third text information is obtained based on the second text information; the multimedia editing data comprises at least one video editing track segment and at least one audio editing track segment, wherein the at least one video editing track segment and the at least one audio editing track segment respectively correspond to at least one text segment divided from the third text information, a target audio editing track segment of the at least one audio editing track segment is used to fill a read speech matching the target text segment, and a target video editing track in the at least one video editing track segment and the target audio editing track segment occupy the same timeline position on a video editing timeline;
generate a target video based on the multimedia editing data.
generate a target video based on the multimedia editing data.
It should be noted that the table above distinguishes the equivalent limitations between the instant application and that of ‘451. In conclusion, claim 11 of the instant application is anticipated by claim 11 of ‘451 in that claim 11 of ‘451 contains all the limitations of claim 11 of the instant application. The instant application claim is broader or equivalent in every aspect than claim 11 of ‘451 and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patently distinct from each other because claim 11 is generic to all that is recited in claim 11 of ‘451. That is, claim 11 of instant application is anticipated by claim 11 of ‘451.
Claim 12 of the instant application corresponds to claim 12 of ‘451 Patent.
Claim 13 of the instant application corresponds to claim 13 of ‘451 Patent.
Claim 14 of the instant application corresponds to claim 14 of ‘451 Patent.
Claim 15 of the instant application corresponds to claim 15 of ‘451 Patent.
Claim 16 of the instant application corresponds to claim 16 of ‘451 Patent.
Claim 17 of the instant application corresponds to claim 17 of ‘451 Patent.
Claim 18 of the instant application corresponds to claim 18 of ‘451 Patent.
Regarding claim 19 of instant application
Claim 19 of instant application
Claim 19 of ‘451
A computer program product, stored on a non-transitory computer storage medium, comprising computer program or instructions which, when executed by a processor, causes the processor to:
acquire first information, wherein the first information is used for describing writing requirements of a video copywriting;
A computer program product, stored on a non-transitory computer storage medium, comprising computer program or instructions which, when executed by a processor, causes the processor to:
acquire first text information, wherein the first text information is used for describing writing requirements of a video copywriting;
generate second information based on the first information, wherein the second information is copywriting information based on the first information; generate multimedia editing data based on the second information;
generate second text information based on the first text information, wherein the second text information is copywriting information meeting the writing requirements described by the first text information;
wherein the multimedia editing data comprises at least one video editing track segment that respectively corresponds to at least one information segment divided based on the second information; and wherein the at least one video editing track segment is configured to be one of: an empty segment, a segment filled with a video image matching the corresponding information segment, or a segment filled with a meme image matching the corresponding information segment;
generate multimedia editing data based on third text information; wherein the third text information is obtained based on the second text information; the multimedia editing data comprises at least one video editing track segment and at least one audio editing track segment, wherein the at least one video editing track segment and the at least one audio editing track segment respectively correspond to at least one text segment divided from the third text information, a target audio editing track segment of the at least one audio editing track segment is used to fill a read speech matching the target text segment, and a target video editing track in the at least one video editing track segment and the target audio editing track segment occupy the same timeline position on a video editing timeline;
generate a target video based on the multimedia editing data.
generate a target video based on the multimedia editing data.
It should be noted that the table above distinguishes the equivalent limitations between the instant application and that of ‘451. In conclusion, claim 19 of the instant application is anticipated by claim 19 of ‘451 in that claim 19 of ‘451 contains all the limitations of claim 19 of the instant application. The instant application claim is broader or equivalent in every aspect than claim 19 of ‘451 and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patently distinct from each other because claim 19 is generic to all that is recited in claim 19 of ‘451. That is, claim 19 of instant application is anticipated by claim 19 of ‘451.
Claim 20 of the instant application corresponds to claim 19 of ‘451 Patent.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/NIGAR CHOWDHURY/Primary Examiner, Art Unit 2484
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