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 .
Claim Objections
Claim 2 is objected to because of the following informalities: it ends with “;”. Should be amended to reflect the correction punctuation. Appropriate correction is required.
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.
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Claims 1 and similarly recited claims 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and similarly recited claims 18 and 19, respectively of U.S. Patent No. 11,880,917 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the present application is broader in scope anticipatory obviousness type.
18/955584
US 11,880,917 B2
A non-transitory computer readable medium storing a software program comprising data and computer implementable instructions that when executed by at least one processor cause the at least one processor to perform a method for generating synthetic visual content using textual input, the method comprising:
A non-transitory computer readable medium storing a software program comprising data and computer implementable instructions for carrying out a method for generating and modifying synthetic visual content using textual input, the method comprising:
receiving a textual description;
receiving from the user a selection of one textual description of the modified plurality of textual descriptions
obtaining a selected visual content;
using the selected textual description to select a visual content
calculating a convolution of at least part of the selected visual content;
calculating a convolution of at least part of the selected visual content;
generating a plurality of visual contents corresponding to the textual description;
each generated textual description corresponding to a possible visual content;
in response to a first value of the calculated convolution, including a first visual content in the plurality of visual contents corresponding to the textual description;
in response to a first value of the calculated convolution, including a first visual content in the plurality of visual contents corresponding to the selected textual description;
in response to a second value of the calculated convolution, forgoing including the first visual content in the plurality of visual contents corresponding to the textual description;
and in response to a second value of the calculated convolution, forgoing including the first visual content in the plurality of visual contents corresponding to the selected textual description.
and presenting the plurality of visual contents corresponding to the textual description to a user.
presenting to the user a plurality of visual contents corresponding to the selected textual description
Dependent claims of the present application with corresponding claims of 11,880,917 B2 listed below are also rejected on the ground of nonstatutory double patenting.
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Allowable Subject Matter
Claims 1-20 would be allowable once the nonstatutory double patenting rejection above is overcome. The innovation that makes claims 1, 19 and 20 allowable is “ in response to a first value of the calculated convolution, including a first visual content in the plurality of visual contents corresponding to the selected textual description; and in response to a second value of the calculated convolution, forgoing including the first visual content in the plurality of visual contents corresponding to the selected textual description”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELOMIA L GILLIARD whose telephone number is (571)272-1681. The examiner can normally be reached 8am-5pm.
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/DELOMIA L GILLIARD/Primary Examiner, Art Unit 2661
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