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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gilson et al. (US Pat. No. 11,386,932 hereinafter referred as Gilson).
Regarding claim 1, Gilson discloses a video processing method for an application, comprising:
receiving a first configuration instruction for an effect, wherein the effect is to be applied to a video acquired by the application and does not support recording of an original sound (see col. 7 lines 15-23 receive a request to modify the playback rate of the audiovisual content; determine an attribute see col. 7 lines 41-64, after the attribute, substitute audio is selected to replace or modify the original audio portions associated with the video portions affected by the modified playback rate; see col. 7 line 66-col. 8 line 10, substitute audio is selected based on type of modified playback rate and also the magnitude of the value of the modified playback rate; see col. 12 lines 26-41; altering video portion which includes modifying the original video portion and separately recording a scene in the video portion with different movement);
in response to the first configuration instruction for the effect, updating a second configuration instruction for an audio to not record the original sound (see col. 8 lines 11-39 audiovisual content is switched to outputting subsequent video portions at the modified playback rate with the selected substitute audio; see col. 12 lines 42-47 one or more substitute audios are stored in the computing device or at a remote storage device; or generate substitute audio in real time when a request is received for adjusting the playback rate; see col. 12 lines 48-60 original audio is modified by removing, for example, background sound; see col. 11 lines 4-67); and
configuring the effect and the audio during a recording process of the video according to the first configuration instruction for the effect and the second configuration instruction for the audio (see col. 6 lines 44-65 presenting audiovisual content at an adjusted/modified playback rate with substitute audio replacing or modifying the original audio of the audiovisual content; the computing device is a digital video recorder; see col. 12 lines 4-18 the substitute audio is synchronized to the associated video at the modified playback rate; see col. 12 lines 42-60).
Regarding claims 15-16, the limitation of claims 15 and 16 can be found in claim 1 above. Therefore claims 15 and 16 are analyzed and rejected for the same reasons as discussed in claim 1 above. See also figure 6 and claim 21 of Gilson Figure 6 shows elements of various computing devices wherein the elements include one or more processors and memory. Claim 21 further recites one or more non-transitory computer readable media storing instructions. See also col. 15 line 63-col. 16 line 16.
Claim Rejections - 35 USC § 103
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 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 2-5 and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gilson et al. (US Pat. No. 11,386,932) in view of Song (US PG PUB 2021/0026886).
Regarding claim 2, although Gilson discloses displaying an indicator in a recording page of the video in response to a configuration result indicating that the audio is configured during the recording process of the video, wherein recording of the original sound is configured during the recording process of the video when the indicator is in an on state, and not recording of the original sound is configured during the recording process of the video when the indicator is in an off state (see col. 5 line 59-col. 6 line 23 substitute audio portion is presented and it includes a spoken summary of skipped portion, indicating audio is edited; a user has the ability to select returning to the original (turning on and off); see col. 12 lines 42-47 one or more substitute audios are stored in the computing device or at a remote storage device; the computing device may be a digital video recorder), Gilson fails to disclose displaying the indicator that is in the off state and does not support changing of a state in the recording page of the video in response to the first configuration instruction for the effect.
In the same filed of endeavor Song discloses displaying the indicator that is in the off state and does not support changing of a state in the recording page of the video in response to the first configuration instruction for the effect (see paragraphs 0071 and figure 5C, preview playing interface includes the sound adjustment control; the user can trigger the confirmation control 7).
Therefore, in light of the teaching in Song, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gilson by specifically including the feature of displaying an indicator that is in the off state as claimed in order to display a music replacement interface and determine background music of the captured video according to music selected on the replacement interface.
Regarding claim 3, Song discloses the indicator is not displayed in the recording page of the video in response to the configuration result indicating that the audio is not configured during the recording process of the video (see paragraph 0071). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 4, Song discloses when in response to the indicator being in the on state, the method further comprises: receiving a replacement instruction for the audio; and configuring a replaced audio during the recording process of the video, and displaying the indicator in the recording page of the video in response to the replacement instruction (see paragraphs 0067-0068, 0074 and figures 3E-3F and 5C). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 5, Song discloses in response to the indicator being in the off state, the method further comprises: configuring a dithered display of the indicator in the recording page of the video (see figures 3B, 3F and 5C). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 8, Song discloses receiving an editing instruction for a volume of the video; and displaying an adjustment control in a volume editing page of the video in response to the editing instruction, wherein the adjustment control is configured to adjust a volume ratio of the audio and the original sound (see paragraphs 0071 and 0078). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 9, Song discloses receiving an editing instruction for a volume of the video; and displaying a first control and a second control in a volume editing page of the video in response to the editing instruction, wherein the first control is configured to adjust a volume of the audio, and the second control is configured to adjust a volume of the original sound (see figure 5C and paragraph 0071). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 10, Song discloses receiving an adjustment instruction for a volume of the video; and adjusting a volume of the audio and/or a volume of the original sound in the video in response to the adjustment instruction (see figure 5C). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 11, Song discloses the receiving of the adjustment instruction for the volume of the video comprises: receiving the adjustment instruction on the adjustment control (see figure 5C and paragraph 0071). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 12, Song discloses displaying a second prompt content in the recording page of the video during a second preset time period, wherein the second prompt content is configured to prompt a user that the effect does not support recording of the original sound (see figures 3B, 3F and paragraph 0056). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 13, Song discloses in response to the video being shot in a segmented shot mode, the method further comprises: receiving an editing instruction on the indicator after pausing recording of a segment of the video; and displaying the indicator in the on state in the recording page of the video in response to the editing instruction, or displaying the indicator in the off state in the recording page of the video in response to the editing instruction (see paragraphs 0055-0056 and figures 5A-5C). The motivation to combine the references is discussed in claim 2 above.
Regarding claim 14, Song discloses after the recording process of the video in the segmented shot mode is completed, the method further comprises: receiving an adjustment instruction for a volume of the video; and adjusting a volume of the audio and/or a volume of the original sound in at least one segment of the video in response to the adjustment instruction (see figures 5C and paragraphs 0070-0071 and 0078). The motivation to combine the references is discussed in claim 2 above.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Gilson et al. (US Pat. No. 11,386,932) in view of Song (US PG PUB 2021/0026886) and further in view of Chuang et al. (US Pat. No. 8, 983, 641 hereinafter referred as Chuang).
Regarding claim 6, although the combination of Gilson and Song discloses the limitation of claim 2 and Song discloses configuring a first prompt content to be displayed in the shooting page of the video within a first preset time period in a case where the microphone control is switched from the off state to the on state, wherein the first prompt content is configured to prompt a user that the video shot using the audio input unit presents a favorable effect (see figures 3B, 5A-5C, paragraphs 0056 and 0058), Song and Gilson fail to specifically disclose the audio input unit is an earphone.
In the same field of endeavor Chuang discloses earphone providing a better sound effect (see col. 1 lines 15-22); using earphones controlling functions of electronic device (see col. 1 lines 16-28 and col. 4 lines 10-19); and controlling the camera to take moving pictures using earphone (see col. 4 line 55-col. 5 line 5).
Therefore, in light of the teaching in Chuang it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination by capturing better quality sound using earphone in order for the user to enjoy music played by earphone.
Regarding claim 7, Song discloses using a microphone sound of an electronic device as the original sound by adopting a low delay echo cancelling technology in a case where a user does not use the audio input to shoot the video; and using a microphone sound of the audio input as the original sound in a case where the user uses the earphone to shoots the video (see figure 5C, user is capable of selecting or not selecting the original sound and paragraph 0071); See also Chaung which discloses using earphone to record or not to record moving pictures (see figure 3 and col. 5 line 55-col. 6 line 4). The motivation to combine is discussed in claim 6 above.
Conclusion
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/HELEN SHIBRU/ Primary Examiner, Art Unit 2484 April 17, 2026
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