DETAILED ACTION
The present office action is responsive to the applicant’s filling on 12/09/2024.
The application has claims 1-20 present. All the claims present have been examined.
This action is Non-Final.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/09/2024, 08/05/2025 and 02/19/2026 filed before the mailing date of the non-final office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of obviousness nonstatutory double patenting as being unpatentable over claims 1, 3-10, 12-18 and 20 of U.S. Patent No. 12,212,804 in view of Keelan et al (US 7304677) and Lo et al (US 20090119710) and Soderberg (US 20140129981). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims on the instant application are broader that the claims on patent ‘804. All the limitations are taught on the claims of pat ‘804. Claims mapping is shown below.
Instant application
Patent No. 12,212,804
1. A server, comprising: a memory adapted to store code; and at least one hardware processor adapted to execute instructions of the code to:
receive, from a client device, a request for one or more visual content editing functions to adjust visual content selected by the client device, the request being associated with a user at the client device;
select, from a plurality of visual content editing functions, a set of visual content editing functions based on the parameters for the user and
based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of parameters,
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and
cause presentation of the set of visual content editing functions on the client device, the set of visual content editing functions being configured to be selectable by the user using a graphical user interface presented on a display of the client device, at least one of the set of visual content editing functions comprising instructions to generate an overlay to be applied to the visual content in response to a selection made by the user using the graphical user interface.
2. The server of claim 1, wherein the visual content comprises at least one of an image and a video file.
3. The server of claim 2, wherein the at least one of the image and the video file is selected from an internal or an external library or captured using an image sensor of the client device.
4. The server of claim 1, wherein the graphical user interface comprises an indication for each visual content editing function in the set of visual content editing functions.
5. The server of claim 1, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
6. The server of claim 1, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
7. The server of claim 6, wherein the extracted data relates to a news event.
8. The server of claim 6, wherein the request comprises the extracted data.
9. A method comprising:
receiving, by at least one hardware processor, a request from a client device, the request being for one or more visual content editing functions to adjust visual content selected by the client device, the request being associated with a user at the client device;
selecting, from a plurality of visual content editing functions and by the at least one hardware processor, a set of visual content editing functions based on the parameters for the user and
based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of parameters,
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and
causing, by the at least one hardware processor, presentation of the set of visual content editing functions on the client device, the set of visual content editing functions being configured to be selectable by the user using a graphical user interface presented on a display of the client device, at least one of the set of visual content editing functions comprising instructions to generate an overlay to be applied to the visual content in response to a selection made by the user using the graphical user interface.
10. The method of claim 9, wherein the visual content comprises at least one of an image and a video file.
11. The method of claim 9, wherein the graphical user interface comprises an indication for each visual content editing function in the set of visual content editing functions.
12. The method of claim 9, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
13. The method of claim 9, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
14. The method of claim 13, wherein the extracted data relates to a news event.
15. The method of claim 13, wherein the request comprises the extracted data.
16. A client device comprising: a display; and at least one hardware processor adapted to execute code of an application to perform operations comprising: presenting a graphical user interface on the display;
receive a selection made by a user using the graphical user interface, the selection is indicative of visual content selected by the client device;
sending, to a server, a request for one or more visual content editing functions to adjust the visual content selected by the client device, the request being associated with the user at the client device;
receiving, from the server, a set of visual content editing functions to the client device, the set of visual content editing functions being selected, from a plurality of visual content editing functions, by the server based on parameters for the user and
based on a set of tags for the set of visual content editing functions,
the set of tags indicating relevance of the set of visual content editing functions to a set of parameters,
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and adjusting the visual content using at least one visual content editing function from the set of visual content editing functions, the at least one visual content editing function comprising instructions to generate an overlay to be applied to the visual content.
17. The client device of claim 16, wherein the graphical user interface comprises a plurality of indications for each visual content editing function in the set of visual content editing functions.
Note: Claims 18-20 of instant application have same limitations as claims 3, 5-6 and 12-14-15 of Pat ‘804. Example mapping provided.
18. The client device of claim 16, wherein the visual content comprises at least one of an image and a video file.
19. The client device of claim 16, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
20. The client device of claim 16, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
1. A server, comprising: a memory adapted to store code; and at least one hardware processor adapted to execute instructions of the code to:
receive, from a client device, a request for one or more visual content editing functions to adjust visual content selected by the client device, the request comprising positional data pertaining to the client device, the positional data comprising one or more velocities (obtained parameters/data associated to the user and the device used for selection of the editing tools);
select, from a plurality of visual content editing functions, a set of visual content editing functions based on at least one velocity from the positional data (parameters associated to the user and the device used for the editing tools); and
based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of velocities (parameters used for presenting tags and indicated relevance),
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and
cause presentation of the set of visual content editing functions on the client device, the set of visual content editing functions being configured to be selectable by a user using a graphical user interface presented on a display of the client device, at least one of the set of visual content editing functions comprising instructions to generate an overlay to be applied to the visual content in response to a selection made by the user using the graphical user interface.
3. The server of claim 1, wherein the visual content comprises at least one of an image and a video file.
4. The server of claim 3, wherein the at least one of the image and the video file is selected from an internal or an external library or captured using an image sensor of the client device.
5. The server of claim 1, wherein the graphical user interface comprises an indication for each visual content editing function in the set of visual content editing functions.
6. The server of claim 1, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
7. The server of claim 1, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
8. The server of claim 7, wherein the extracted data relates to a news event.
9. The server of claim 7, wherein the request comprises the extracted data.
10. A method comprising:
receiving, by at least one hardware processor, a request from a client device, the request being for one or more visual content editing functions to adjust visual content selected by the client device, the request comprising positional data pertaining to the client device, the positional data comprising one or more velocities (obtained parameters/data associated to the user and the device used for selection of the editing tools);
selecting, from a plurality of visual content editing functions and by the at least one hardware processor, a set of visual content editing functions based on at least one velocity from the positional data (parameters associated to the user and the device used for the editing tools) and
based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of velocities (parameters used for presenting tags and indicated relevance),
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and
causing, by the at least one hardware processor, presentation of the set of visual content editing functions on the client device, the set of visual content editing functions being configured to be selectable by a user using a graphical user interface presented on a display of the client device, at least one of the set of visual content editing functions comprising instructions to generate an overlay to be applied to the visual content in response to a selection made by the user using the graphical user interface.
12. The method of claim 10, wherein the visual content comprises at least one of an image and a video file.
13. The method of claim 10, wherein the graphical user interface comprises an indication for each visual content editing function in the set of visual content editing functions.
14. The method of claim 10, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
15. The method of claim 10, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
16. The method of claim 15, wherein the extracted data relates to a news event.
17. The method of claim 15, wherein the request comprises the extracted data.
18. A client device comprising: a display; and at least one hardware processor adapted to execute code of an application to perform operations comprising: presenting a graphical user interface on the display;
receive a selection made by a user using the graphical user interface, the selection is indicative of visual content selected by the client device;
sending, to a server, a request for one or more visual content editing functions to adjust the visual content selected by the client device, the request comprising positional data pertaining to the client device, the positional data comprising one or more velocities (obtained parameters/data associated to the user and the device used for selection of the editing tools);
receiving, from the server, a set of visual content editing functions to the client device, the set of visual content editing functions being selected, from a plurality of visual content editing functions, by the server based on at least one velocity from the positional data (parameters associated to the user and the device used for the editing tools) and
based on a set of tags for the set of visual content editing functions,
the set of tags indicating relevance of the set of visual content editing functions to a set of velocities (parameters used for presenting tags and indicated relevance),
the set of tags being provided by a set of visual content editing function records of the set of visual content editing functions; and adjusting the visual content using at least one visual content editing function from the set of visual content editing functions, the at least one visual content editing function comprising instructions to generate an overlay to be applied to the visual content.
20. The client device of claim 18, wherein the graphical user interface comprises a plurality of indications for each visual content editing function in the set of visual content editing functions.
Note: Claims 18-20 of instant application have same limitations as claims 3, 5-6 and 12-14-15 of Pat ‘804. Example mapping provided.
12. The method of claim 10, wherein the visual content comprises at least one of an image and a video file.
14. The method of claim 10, wherein the overlay to be applied to the visual content comprises at least one of a visual overlay or a sound overlay.
15. The method of claim 10, wherein the set of visual content editing functions comprises a visual content editing function for adjusting the visual content based on extracted data that is extracted from the visual content.
In regards to claim 1, 9 and 16, Patent ‘804 teaches all the limitations of the claim as shown above, but fails specifically teach accessing demographic data for the user from a user profile associated with the user.
Lo teaches accessing demographic data for the user from a user profile associated with the user (see at least para 45: teaches using demographic data in order to provide content that is categorized to be associated to the demographic data. Para 45 “The mobile device 204 prepares for selecting UGC items ("clips") by obtaining a user profile and applicable demographic classifications (e.g., current location, residential location, age, sex, organizational affiliations, etc.) (block 226). The user can provide user preferences for what types of UGC items are of interest (block 228). For example, the user may only want a certain cutoff on freshness or popularity. Further, the user can block certain categories of content, etc”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to Combine Pat ‘804 with Lo, since by doing its improving Pat ‘804 by specifically using data related to the user which facilitating the options provided to the user. In a same manner by providing the tools associated to a person allow the user to have options which are more likely to be used by him and avoid taking space on display and memory with ones that will not be used.
Pat ‘804 doesn’t specifically teach select, a set of visual content editing functions based on the demographic data for the user.
Keelan teaches select, a set of visual content editing functions based on the demographic data for the user (see FIG. 3 and at least col 10 line 12 to col 12 line 49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to combine Pat ‘804 and use the teachings of Keelan as to provide tool for editing which are appropriate for specific demographic associated to events and other data collected, since by doing its improving Pat ‘804 by facilitating the options provided to the user by providing the tools associated to a person since this allow the user to have the tools which are more likely to be used by him and avoid taking space on display and memory with ones that will not be used.
Pat ‘804 doesn’t specifically teach selecting editing tool… based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of demographic characteristics,
Soderberg teaches Based on a set of tags for the set of visual content editing functions, the set of tags indicating relevance of the set of visual content editing functions to a set of demographic characteristics (see para 37-38: teaches ranked tags associated to picture. Selection of tags and ranking tags that are used in association to photo editing. Tags are ranked based on the probability that they represent image metadata. The metadata includes examples of locations using GPS data, names and other types data).
it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings for tags associated to image metadata of Soderberg and combine it with Pat '804 as modified by Keelan and Lo for visual content editing functions based on the demographic data and obtaining demographic data from a user’s profile, since by doing so it would increase the types of functionalities that can be presented and used by the user, consequently enhancing the editing that can be applied to the images by enabling a user to select different appropriate filters/tools using users metadata (demographic data).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO M VELEZ-LOPEZ whose telephone number is (571)270-7971. The examiner can normally be reached on M-F 10:30am-5:30pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman, can be reached at telephone number 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO M VELEZ-LOPEZ/
Examiner, Art Unit 2118
/SCOTT T BADERMAN/Supervisory Patent Examiner, Art Unit 2118
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