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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/24/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1, 4-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 & 5 recite the limitation: “… transmit[ting] the obtained image to the one of the two or more mobile terminals …”. This limitation is not disclosed or adequately described in the specification.
The specification consistently describes transmitting the requested video/image to the user terminal that made the request, not back to the mobile terminal that originally captured it.
For the purposes of examination, the limitation is interpreted as the following:
“… transmit[ting] the obtained image to the user terminal …”.
Claims 1, 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1 & 5 recite the limitation: “… transmit[ting] the obtained image to the one of the two or more mobile terminals …”. The limitation creates a logical paradox regarding the transfer of rights, since the inquiring “user terminal” and the capturing “mobile terminal” appear to be the same device according to the limitation in question. If the devices are the same, the system would be executing a right holder change process to transfer ownership from the user to themselves, and then paying themselves a reward. Therefore, the claim lacks clarity and is thus, rendered indefinite.
For the purposes of examination, the limitation is interpreted as the following:
“… transmit[ting] the obtained image to the one of the two or more mobile terminals the user terminal …”.
Claims 1 & 5 recite the limitation: “… an inquiry about environment information about environments in which a video including an image was captured with one of two or more mobile terminals, the environmental information … a right holder identifier that identifies a right holder … making the video including the obtained image associated with the identifier and the environmental information, accumulating the video including the obtained image, making the video including the obtained image associated with the identifier, and associating preservation information with the video including the obtained image … a changer configured to change the right holder of the video including the obtained image identified by the right holder identifier … identifying the user of the user terminal in a manner associated with the right holder identifier … accumulate preservation information … the preservation information includes: …”. (emphasis added to accentuate insufficient antecedent basis).
“environment information” vs. “environmental information”: The claim first introduces “an inquiry about environment information.” However, immediately after, it claims “the environmental information being …”. Because “environmental information” was not explicitly introduced, claiming it with the definite article “the” creates an antecedent basis issue.
“the identifier”: In the right holder processor limitation, the claim states “making the video … associated with the identifier …”. Prior to this step, the claim introduced “a right holder identifier”. Using the broad term “the identifier” lacks proper antecedent basis and creates ambiguity, as it is unclear if it specifically refers back to the “right holder identifier” or a different identifier yet to be named, especially since the next mention of the “identifier” switches back to “the right holder identifier”.
Duplicative/Indefinite Phrasing: The right holder processor limitation contains repetitive phrasing that renders the scope unclear: “… making the video including the obtained image associated with the identifier and the environmental information, accumulating the video including the obtained image, making the video including the obtained image associated with the identifier …”. Repeating this exact association step creates indefiniteness, as a person having ordinary skill in the art would be unsure if this refers to two distinct processes or is simply a typographical error.
“preservation information”: The claim introduces “associating preservation information” (without an article), then later recites that the processor is configured to “accumulate preservation information” (again without a definite article), and finally recites “the preservation information includes …”. This inconsistent use of definite and indefinite articles for the same element creates additional antecedent basis issues.
For the purposes of examination, the limitation is interpreted as the following:
“… an inquiry about environment information about environments in which a video including an image was captured with one of two or more mobile terminals, the environment information … a right holder identifier that identifies a right holder … making the video including the obtained image associated with the right holder identifier and the environmental information, accumulating the video including the obtained image, a preservation information with the video including the obtained image … a changer configured to change the right holder of the video including the obtained image identified by the right holder identifier … identifying the user of the user terminal in a manner associated with the right holder identifier … accumulate the preservation information … the preservation information includes: …”.
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, 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, 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN-105095490-A [already of record]) in view of Goldston et al., hereinafter referred to as Goldston (US 2022/0366022 A1 [already of record]).
As per claim 1, Wei discloses an information processor (Wei: Para. [0055] discloses a server.), comprising:
an inquiry receiver (receiver module) as hardware configured to receive, from a user terminal (mobile terminal), an inquiry about environment information about environments in which a video including an image was captured with one of two or more mobile terminals (user side terminals), the environmental information being location information, time information, weather information, temperature information, or season information (Wei: Paras. [0010], [0056], [0127] disclose a server with a receiver module for receiving a picture searching request from a mobile terminal. The server provides service for multiple user side terminals that validated users are registered with ([0123], [0131]). The request contains geographical location information and time period information.);
an image obtaining processor (search module) configured to obtain an image captured with one of the two or more mobile terminals, based on the inquiry received by the inquiry receiver (receiver module), the obtained image being associated with the environmental information (Wei: Paras. [0011], [0016], [0057] disclose a search module that searches for and obtains multiple Target Photos that match the received location and time information. These photos are uploaded with characteristic information, including geographical longitude and latitude, shooting time, direction of travel and picture classification information.);
a right holder processor configured to performing processes of making the video including the obtained image associated with video including the obtained image (stores), making the video including the obtained image associated with (Wei: Paras. [0015], [0058], [0061] disclose memory module stores [accumulates] the target picture in a picture database along with its associated characteristic [environmental] information.); and
a transmitter (pushing module) as hardware configured to transmit the obtained image to the one of the two or more mobile terminals after the processes performed by the right holder processor (Wei: Paras. [0013], [0059], [0157] disclose a pushing module that pushes the processed image data back in response to the searching request. The request originates from a mobile terminal, and the response is transmitted back to that mobile terminal.),
However, Wei does not explicitly disclose “… the obtained image being associated with the environmental information and associated with a right holder identifier that identifies a right holder as a user of the one of the two or more mobile terminals … making the video including the obtained image associated with the identifier and the environmental information … making the video including the obtained image associated with the identifier, and associating preservation information with the video including the obtained image … wherein: the right holder processor includes a changer configured to change the right holder of the video including the obtained image identified by the right holder identifier associated with the video including the obtained image to a user of the user terminal;
the changer adds a user identifier identifying the user of the user terminal in a manner associated with the right holder identifier associated with the video including the obtained image transmitted by the transmitter, thereby generating right holder history information indicating a history of right holder changes; the right holder processor is configured to accumulate preservation information onto a blockchain; and the preservation information includes: access information including a URL, for accessing the accumulated video; and the right holder history information.”.
Further, Goldston is in the same field of endeavor and teaches the obtained image (media content/item) being associated with the environmental information (i.e., timestamp) and associated with a right holder identifier (ownership information) that identifies a right holder (media content owner) as a user of the one of the two or more mobile terminals (Goldston: Table 1 & Paras. [0092], [0105], [0126] disclose managing media content with associated metadata that includes creator identification, timestamp and ownership information.);
making the video including the obtained image (media content/item) associated with the identifier and the environmental information (Goldston: Paras. [0092], [0105], [0126] disclose uploading the media item associated with a timestamp and ownership information.);
making the video including the obtained image associated with the identifier, and associating preservation information with the image (Goldston: Paras. [0009], [0011], [0065], [0126] disclose creating a container file in a digital vault to manage media/image content and its associated metadata, which includes ownership information [right holder identifier]. The content is associated with a non-fungible token (NFT) and recording it on a blockchain or distributed ledger to memorialize and track ownership rights. The NFT and its associated records on the blockchain represent the claimed preservation information.),
wherein:
the right holder processor includes a changer (token transaction module) configured to change the right holder of the video including the obtained image identified by the right holder identifier associated with the video including the obtained image to a user of the user terminal (Goldston: Paras. [0011], [0070], [0082], [0100] disclose a changer configured to change the right holder of the video to a new user (purchaser/new owner) during a transaction.);
the changer adds a user identifier identifying the user of the user terminal in a manner associated with the right holder identifier associated with the video including the obtained image transmitted by the transmitter, thereby generating right holder history information indicating a history of right holder changes (Goldston: Paras. [0080]-[0082], [0216], [0237] disclose adding the new owner's identifier while maintaining existing rights/identifiers, and logging these updates to generate right holder history information indicating a history of right holder changes (transaction log ledger tracking activity, ownership transfers, and changes).);
the right holder processor is configured to accumulate preservation information onto a blockchain (Goldston: Paras. [0009], [0217], [0232], [0238] disclose accumulating this smart contracts, transaction metadata, and ownership records [preservation information] onto a block chain.); and
the preservation information includes: access information including a URL, for accessing the accumulated video; and the right holder history information (Goldston: Para. [0238] discloses that the preservation information stored on the blockchain/NFT includes access information (a URL, pointer, or reference to the digital asset) and transaction history [right holder history information].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Wei and Goldston before him or her, to modify the searching computer network system of Wei to include the right holder identifier associated image/video, history and preservation information features as described in Goldston. The motivation for doing so would have been to improve media authenticity during retrieval by providing a configuration that enables an advanced media search request tracking network.
As per claim 4, Wei-Goldston disclose the information processor according to claim 1, wherein the right holder processor (Goldston: [0014] “digital vault”) is configured to reward the user of the one of the two or more mobile terminals (Goldston: Paras. [0014], [0079], [0231] disclose initiating, via the digital vault, one or more payment transactions [reward] to accounts associated with one or more user devices associated with the media content or the NFT in accordance with royalty percentages of the media content; and transmitting an alert to the NFT creator and rights holder associated with the one or more payment transactions to the accounts.).
As per claim 5, Wei discloses an information processing method implementable with an inquiry receiver as hardware, an image obtaining processor, a transmitter as hardware, and a right holder processor (Wei: Abstract; Para. [0055] discloses a server.), the method comprising:
by the inquiry receiver, receiving, from a user terminal, an inquiry about environment information about environments in which a video including an image was captured with one of two or more mobile terminals (user side terminals), the environmental information being location information, time information, weather information, temperature information, or season information (Wei: Paras. [0010], [0056], [0127] disclose a server with a receiver module for receiving a picture searching request from a mobile terminal. The server provides service for multiple user side terminals that validated users are registered with ([0123], [0131]). The request contains geographical location information and time period information.);
by the image obtaining processor (search module), obtaining an image captured with one of the two or more mobile terminals, based on the inquiry received by the inquiry receiver, the obtained image being associated with the environmental information (Wei: Paras. [0011], [0016], [0057] disclose a search module that searches for and obtains multiple Target Photos that match the received location and time information. These photos are uploaded with characteristic information, including geographical longitude and latitude, shooting time, direction of travel and picture classification information.);
by the right holder processor, performing processes of making the image associated with video including the obtained image associated with
by the transmitter, transmitting the obtained image to the one of the two or more mobile terminals after the processes performed by the right holder processor (Wei: Paras. [0013], [0059], [0157] disclose a pushing module that pushes the processed image data back in response to the searching request. The request originates from a mobile terminal, and the response is transmitted back to that mobile terminal.);
However, Wei does not explicitly disclose “… the obtained image being associated with the environmental information and associated with a right holder identifier that identifies a right holder as a user of the one of the two or more mobile terminals … making the video including the obtained image associated with the identifier and the environmental information … the video including the obtained image associated with the identifier, and associating preservation information with the video including the obtained image … by the right holder processor, changing the right holder of the video identified by the right holder identifier associated with the video including the obtained image to a user of the user terminal; by the right holder processor, adding a user identifier identifying the user of the user terminal in a manner associated with the right holder identifier associated with the video including the obtained image transmitted by the transmitter, thereby generating right holder history information indicating a history of right holder changes; and by the right holder processor, accumulating preservation information onto a blockchain, wherein the preservation information includes: access information, including a URL, for accessing the accumulated video; and the right holder history information.”.
Further, Goldston is in the same field of endeavor and teaches the obtained image (media content/item) being associated with the environmental information (i.e., timestamp) and associated with a right holder identifier (ownership information) that identifies a right holder (media content owner) as a user of the one of the two or more mobile terminals (Goldston: Table 1 & Paras. [0092], [0105], [0126] disclose managing media content with associated metadata that includes creator identification, timestamp and ownership information.);
making the video including the obtained image (media content/item) associated with the identifier and the environmental information (Goldston: Paras. [0092], [0105], [0126] disclose uploading the media item associated with a timestamp and ownership information.);
making the video including the obtained image associated with the identifier, and associating preservation information with the image (Goldston: Paras. [0009], [0011], [0065], [0126] disclose creating a container file in a digital vault to manage media/image content and its associated metadata, which includes ownership information [right holder identifier]. The content is associated with a non-fungible token (NFT) and recording it on a blockchain or distributed ledger to memorialize and track ownership rights. The NFT and its associated records on the blockchain represent the claimed preservation information.);
by the right holder processor, changing the right holder of the video identified by the right holder identifier associated with the video to a user of the user terminal (Goldston: Paras. [0011], [0070], [0082], [0100] disclose changing the right holder of the video to a new user (purchaser/new owner) during a transaction.);
by the right holder processor, adding a user identifier identifying the user of the user terminal in a manner associated with the right holder identifier associated with the video including the obtained image transmitted by the transmitter, thereby generating right holder history information indicating a history of right holder changes (Goldston: Paras. [0080]-[0082], [0216], [0237] disclose adding the new owner's identifier while maintaining existing rights/identifiers, and logging these updates to generate right holder history information indicating a history of right holder changes (transaction log ledger tracking activity, ownership transfers, and changes).); and
by the right holder processor, accumulating preservation information onto a blockchain, wherein the preservation information includes: access information, including a URL, for accessing the accumulated video; and the right holder history information (Goldston: Paras. [0009], [0217], [0232], [0238] disclose accumulating this smart contracts, transaction metadata, and ownership records [preservation information] onto a block chain. The preservation information stored on the blockchain/NFT includes access information (a URL, pointer, or reference to the digital asset) and transaction history [right holder history information].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Wei and Goldston before him or her, to modify the searching computer network system of Wei to include the right holder identifier associated image/video, history and preservation information features as described in Goldston. The motivation for doing so would have been to improve media authenticity during retrieval by providing a configuration that enables an advanced media search request tracking network.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be viewed in the list of references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEET DHILLON whose telephone number is (571)270-5647. The examiner can normally be reached M-F: 5am-1:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath V. Perungavoor can be reached at 571-272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PEET DHILLON/Primary Examiner
Art Unit: 2488
Date: 05-09-2026
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