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 1-20 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
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.
Claim 10 of the instant application corresponds to claim 10 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
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
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.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 10-11, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0035835 by Fay et al.
Regarding claim 1, a video generating method (fig. 1), wherein the method comprises:
acquiring first information, wherein the first information is used for describing writing requirements of a video copywriting (fig. 2, paragraph 0013 teaches “Referring to FIGS. 2 and 3, a table (FIG. 2) shows the various visual elements of scene key/indexes, names, categories and the scene descriptions/people profiles. Examples of the of the visual elements of scene key/indexes include people profile templates, landscape description templates, people images, background scenes and animal images or any recognized object. Each of the visual elements fall into categories such as people, landscape, people picture, nature video clips, Common objects, cartoons, application or animals. In an embodiment of the present invention, scene descriptions and people profiles are matched with the visual elements.”);
generating second information based on the first information, wherein the second information is copywriting information based on the first information (in addition to discussion above, paragraph 0014 teaches “Still referring to FIG. 3, a description template creator 301 and a people profile creator 302 supplies their respective information to a matching unit 310. Each description template may provide a short "standard" description for a given visual element or a person. Each template may be formatted to specify how a visual element or a person profile should be described. Scene templates and people profiles can be created through crowd sourcing in a social network or a cloud network. The scene templates and people profiles may be categorized and indexed with scene or people's pictures, respectively. Templates or profiles may be arranged in a hierarchical tree structure with more generic categories in the upper level, and more specific ones in the lower level. Each node or leaf in the tree contains a visual scene element or person associated with its description for fast search.”);
generating multimedia editing data based on the second information (in addition to discussion above, paragraph 0015 teaches “Any matched scene description templates and people profiles and the corresponding timelines are applied the video by using a video editor combining unit 317. Various technologies can be used for the matching, for instance, face recognition, imaging matching, or video frame matching etc. Visual element or scene match starts from a specific category, or a leaf in a branch of a hierarchical tree structure. To further enhance the video, the matched scene description templates and people profiles are supplied to a video description editor for editing, and the edited texts are supplied to a text to audio unit 311. The audio file is also mixed into the video by using the video combining unit 317. The final video 320 includes all of the detailed descriptions and timelines.”);
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 (as discussed above); and
generating a target video based on the multimedia editing data (in addition to discussion above, paragraph 0012 teaches “A matching process includes using the identified people and scenes from the video to search for matched scene description templates and people profiles (117). Once the matching process has found the corresponding scene description templates and people profiles it is applied to the video as video caption by using a video description editor (121). It is possible to create a translated version of the matched scene description templates and people profiles. The translated version can then be mixed with the timelines into the video using the video description editor (121). The edited video text with the timelines are inputted into a text to speech engine to create an audio track (125). The final process includes synchronizing the audio track to a video track for the video and the timelines (130). Additional details about the process will be explained with reference to FIG. 3”).
Regarding claim 10, the method wherein the target video segment is an empty segment; or the target video segment is used to fill a video image matching the target segment; or the target video segment is used to fill a meme image matching the target segment (in addition to discussion above, paragraph 0012 teaches “A matching process includes using the identified people and scenes from the video to search for matched scene description templates and people profiles (117). Once the matching process has found the corresponding scene description templates and people profiles it is applied to the video as video caption by using a video description editor (121). It is possible to create a translated version of the matched scene description templates and people profiles. The translated version can then be mixed with the timelines into the video using the video description editor (121). The edited video text with the timelines are inputted into a text to speech engine to create an audio track (125). The final process includes synchronizing the audio track to a video track for the video and the timelines (130). Additional details about the process will be explained with reference to FIG. 3”).
Claim 11 is rejected for the same reason as discussed above in the corresponding claim 1 above.
Claim 18 is rejected for the same reason as discussed above in the corresponding claim 10 above.
Claim 19 is rejected for the same reason as discussed above in the corresponding claim 1 above.
Allowable Subject Matter
Claims 2, 12, 20 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.
Claims 2-9 depends from claim 2, therefore claims 2-9 are objected.
Claims 13-17 depends from claim 12, therefore claims 13-17 are objected.
Conclusion
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/NIGAR CHOWDHURY/Primary Examiner, Art Unit 2484
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