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 .
Response to Arguments
Applicant's arguments and amendments received on August 12, 2026 have been fully considered. With regard to 35 U.S.C. § 101 the examiner stands with the rejection. In response to applicant argument, the examiner is forced to interpret the claim limitations as broadly and as reasonably possible, in determining patentability of the disclosed invention. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir.1993).
The claims do recite a mental process since the claimed invention steps fall under that can practically be performed in the human mind, including for example, observations, evaluations, judgments, and opinions. The claims consider "collecting information, analyzing it, and displaying certain results of the collection and analysis". In addition, while applicant response introduces the improvement to previous or manual video editing, however, applicant response or discloser does not introduce the use of any computer module that can produce an exceptional or improvement within the claimed invention comparing to traditional video editing system; as such, the examiner stands with the rejection. Further, the courts have recognized a computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. MPEP 2106.05. In addition, an examine suggestion to applicant to consider what considers limitations that the courts have found to qualify as “significantly more” or not by referencing to MPEP 2106.05(a-h).
Furthermore, applicant's arguments and amendments with regard to 35 U.S.C. § 102, have been fully considered. Applicant argues that the cited prior art does not disclose [see applicant argument pages 11-12]. This language corresponds to the newly amended language of claims 1-20, specifically to independent claims.
As such, these have been considered but they are directed to newly amended language, which is addressed below. See the rejection below for how the art on record reads on the newly amended language as well as the examiner's interpretation of the cited art in view of the presented claim set. Furthermore, Yang teaches:
[0070] In one implementation, group-level quality scorer 300 selects one of the groups based on the multiple group-level quality scores. For example, group-level quality scorer 300 may select the highest group-level quality score and select the second group that includes sampled video frames 211B-211D. The second group includes a set of consecutively sampled video frames, e.g., sampled video frames 211B-211D. The first sampled video frame (e.g., sampled video frame 211B) and the last sampled video frame (e.g., sampled video frame 211D) have a start timestamp and end timestamp, respectively. The start and end timestamps may be used to retrieve additional video frames between the start and end timestamps. The retrieved video frames may be used to generate the moving thumbnail for the particular video item.
Yang, 0066-0071 and Fig. 3, emphasis added
As outlined above, Yang teaches, segmenting consecutive video into at least three groups based on quality scores; and generating second group by extracting or combining video frames out of a portion or slice of group one and a portion or slice of group three. As such, the examiner stands with the rejection since the system of Yang clearly teaches the claimed invention as outlined above and under 102 rejections below.
Claim Objections
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 the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1, 11-13 and 20 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 claims 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1, 11-13 and 20 includes or states “splicing together”, however, applicant specification appears does not include or explicitly defines what is the process of “splicing together” considered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1-12 recites “a method of generating a video comprising: obtaining, dividing, determining, presenting or generating….”. These claimed steps are collecting and analyzing information which are similar to the concepts identified by the courts as abstract ideas, such as collecting information, analyzing it, and displaying certain results of the collection and analysis (Elec. Power Grp., LLL v. Alstom S.A, 119 USPQ2d 1739 (Fed. Cir. 2016)).
The claim does not include significant element that are sufficient to amount to significantly more than the judicial exception.
Dependent claims 2-12 also does not add any additional elements, as such the claims are not patent eligible.
Claims 13-20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites series of steps of obtaining, dividing, determining, presenting or generating related to concepts performed in the human mind (including an observation, evaluation, judgment, opinion).
The claim recites obtaining…plurality video frames, dividing, determining, presenting or generating…. ”. The limitation of obtaining, dividing, determining, presenting or generating is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a processing unit or memory” nothing in the claim element precludes the step from practically being performed in the mind.
For example, but for the “by a processing unit or memory” language, “obtaining, dividing, determining, presenting or generating” in the context of this claim encompasses the user manually calculating or processing the amount of use of each video frames, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components.
For example, but for the “by the computer system electronic device” language, “obtaining, dividing, determining, presenting or generating” in the context of this claim encompasses the user thinking that the most-important related video frames should be presenting or generating higher than the least-important video frames. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – using a computer system or electronic device to perform both the obtaining, dividing, determining, presenting or generating steps. The “computer system or electronic device” in both steps is recited at a high-level of generality (i.e., as a generic “system/machine” performing a generic computer function of obtaining, dividing, determining, presenting or generating based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using “computer system or electronic device” to perform both the obtaining, dividing, determining, presenting or generating steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Dependent claims 14-19 also does not add any additional elements, as such the claims are not patent eligible.
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. US 2018/0005666.
In regarding to claim 1 Yang teaches:
1. A method for generating a video, comprising: obtaining a plurality of evaluation indicators of a plurality of video frames in a first video, respectively;
[0041] In one implementation, moving thumbnail generator 140 creates or generates moving thumbnails for video items stored in data store 106. Moving thumbnail generator 140 may retrieve one or more video items stored in data store 106. Moving thumbnail generator 140 samples the video frames of the video item at a fixed sampling rate (e.g., 2 fps). For each of the sampled video frames, moving thumbnail generator 140 determines a frame-level quality score. Moving thumbnail generator 140 may determine multiple group-level quality scores for multiple groups of the sampled video frames using the frame-level quality scores of the sampled video frames. The multiple groups are defined by applying a sliding window to the sampled video frames. Moving thumbnail generator 140 selects a group from the multiple groups of the sampled video frames based on the group-level quality scores. The selected group of sampled video frames includes a set of consecutively sampled video frames and has a start timestamp associated with a first sampled video frame in the set of consecutively sampled video frames and an end timestamp associated with a last sampled video frame in the set of consecutively sampled video frames. Moving thumbnail generator 140 may retrieve a subset of the video frames of the video item from the data store 106. The subset of the video frames may be video frames that are within a range from the start timestamp to the end timestamp. Moving thumbnail generator 140 may use the subset of video frames to create the moving thumbnail for the particular video item.
Yang, 0041, 0048, emphasis added
dividing the plurality of video frames into at least one group of consecutive video frames based on the plurality of evaluation indicators, respective evaluation indicators of respective video frames in the at least one group of consecutive video frames meeting a predetermined condition;
[0041] In one implementation, moving thumbnail generator 140 creates or generates moving thumbnails for video items stored in data store 106. Moving thumbnail generator 140 may retrieve one or more video items stored in data store 106. Moving thumbnail generator 140 samples the video frames of the video item at a fixed sampling rate (e.g., 2 fps). For each of the sampled video frames, moving thumbnail generator 140 determines a frame-level quality score. Moving thumbnail generator 140 may determine multiple group-level quality scores for multiple groups of the sampled video frames using the frame-level quality scores of the sampled video frames. The multiple groups are defined by applying a sliding window to the sampled video frames. Moving thumbnail generator 140 selects a group from the multiple groups of the sampled video frames based on the group-level quality scores. The selected group of sampled video frames includes a set of consecutively sampled video frames and has a start timestamp associated with a first sampled video frame in the set of consecutively sampled video frames and an end timestamp associated with a last sampled video frame in the set of consecutively sampled video frames. Moving thumbnail generator 140 may retrieve a subset of the video frames of the video item from the data store 106. The subset of the video frames may be video frames that are within a range from the start timestamp to the end timestamp. Moving thumbnail generator 140 may use the subset of video frames to create the moving thumbnail for the particular video item.
Yang, 0041, 0048, emphasis added
determining, for a first group of consecutive video frames in the at least one group of consecutive video frames, a first time period associated with the first group of consecutive video frames;
[0041] In one implementation, moving thumbnail generator 140 creates or generates moving thumbnails for video items stored in data store 106. Moving thumbnail generator 140 may retrieve one or more video items stored in data store 106. Moving thumbnail generator 140 samples the video frames of the video item at a fixed sampling rate (e.g., 2 fps). For each of the sampled video frames, moving thumbnail generator 140 determines a frame-level quality score. Moving thumbnail generator 140 may determine multiple group-level quality scores for multiple groups of the sampled video frames using the frame-level quality scores of the sampled video frames. The multiple groups are defined by applying a sliding window to the sampled video frames. Moving thumbnail generator 140 selects a group from the multiple groups of the sampled video frames based on the group-level quality scores. The selected group of sampled video frames includes a set of consecutively sampled video frames and has a start timestamp associated with a first sampled video frame in the set of consecutively sampled video frames and an end timestamp associated with a last sampled video frame in the set of consecutively sampled video frames. Moving thumbnail generator 140 may retrieve a subset of the video frames of the video item from the data store 106. The subset of the video frames may be video frames that are within a range from the start timestamp to the end timestamp. Moving thumbnail generator 140 may use the subset of video frames to create the moving thumbnail for the particular video item.
Yang, 0041, 0048, 0066-0071, emphasis added
and generating a second video by splicing together a first video segment in the first time period associated with the first group of consecutive video frames and one or more additional video segments corresponding to other groups of consecutive video frames in the at least one group of consecutive video frames.
[0070] In one implementation, group-level quality scorer 300 selects one of the groups based on the multiple group-level quality scores. For example, group-level quality scorer 300 may select the highest group-level quality score and select the second group that includes sampled video frames 211B-211D. The second group includes a set of consecutively sampled video frames, e.g., sampled video frames 211B-211D. The first sampled video frame (e.g., sampled video frame 211B) and the last sampled video frame (e.g., sampled video frame 211D) have a start timestamp and end timestamp, respectively. The start and end timestamps may be used to retrieve additional video frames between the start and end timestamps. The retrieved video frames may be used to generate the moving thumbnail for the particular video item.
Yang, 0066-0071 and Fig. 3, emphasis added
In regarding to claim 2 Yang teaches:
2. The method of claim 1, wherein the plurality of video frames is obtained by: determining the plurality of video frames from a first plurality of video frames in the first video according to a predetermined interval, a number of the plurality of video frames being less than or equal to a number of the first plurality of video frames.
[0065] As shown, sampled video frames 211 can be aligned respective to time axis 340. Sampled video frames 211 include sampled video frame 211A-211E. It should be noted that sampled video frames 211 may include the same, more, or fewer video frames. Sampled video frames 211 may be aligned based on a timestamp associated with each sampled video frame 211. Each sampled video frames 211 is shown with an associated one of the frame-level quality scores 221. For example, sampled video frame 211A has a frame-level quality score of 0.2 and sampled video frame 211B has a frame-level quality score of 0.8. It may be noted that the numbers, sizes, equations below are used for purposes of illustration, rather than limitation.
Yang, 0041, 0065, emphasis added
In regarding to claim 3 Yang teaches:
3. The method of claim 1, wherein the first video comprises at least any of: a single video; or a plurality of videos connected in a predetermined time order.
[0065] As shown, sampled video frames 211 can be aligned respective to time axis 340. Sampled video frames 211 include sampled video frame 211A-211E. It should be noted that sampled video frames 211 may include the same, more, or fewer video frames. Sampled video frames 211 may be aligned based on a timestamp associated with each sampled video frame 211. Each sampled video frames 211 is shown with an associated one of the frame-level quality scores 221. For example, sampled video frame 211A has a frame-level quality score of 0.2 and sampled video frame 211B has a frame-level quality score of 0.8. It may be noted that the numbers, sizes, equations below are used for purposes of illustration, rather than limitation.
Yang, 0041, 0065, emphasis added
In regarding to claim 4 Yang teaches:
4. The method of claim 1, wherein obtaining the plurality of evaluation indicators respectively comprises: with respect to a target video frame in the plurality of video frames, determining an evaluation indicator corresponding to at least one evaluation indicator dimension, the at least one evaluation indicator dimension comprising at least any of: an image dimension of the target video frame, or a scene dimension of the target video frame;
[0070] In one implementation, group-level quality scorer 300 selects one of the groups based on the multiple group-level quality scores. For example, group-level quality scorer 300 may select the highest group-level quality score and select the second group that includes sampled video frames 211B-211D. The second group includes a set of consecutively sampled video frames, e.g., sampled video frames 211B-211D. The first sampled video frame (e.g., sampled video frame 211B) and the last sampled video frame (e.g., sampled video frame 211D) have a start timestamp and end timestamp, respectively. The start and end timestamps may be used to retrieve additional video frames between the start and end timestamps. The retrieved video frames may be used to generate the moving thumbnail for the particular video item.
Yang, 0066-0071 and fig. 3, emphasis added
and determining a target evaluation indicator for the target video frame among the plurality of evaluation indicators based on the evaluation indicator corresponding to the at least one evaluation indicator dimension.
[0070] In one implementation, group-level quality scorer 300 selects one of the groups based on the multiple group-level quality scores. For example, group-level quality scorer 300 may select the highest group-level quality score and select the second group that includes sampled video frames 211B-211D. The second group includes a set of consecutively sampled video frames, e.g., sampled video frames 211B-211D. The first sampled video frame (e.g., sampled video frame 211B) and the last sampled video frame (e.g., sampled video frame 211D) have a start timestamp and end timestamp, respectively. The start and end timestamps may be used to retrieve additional video frames between the start and end timestamps. The retrieved video frames may be used to generate the moving thumbnail for the particular video item.
Yang, 0066-0071 and fig. 3, emphasis added
In regarding to claim 5 Yang teaches:
5. The method of claim 4, wherein: an evaluation indicator for the image dimension indicates at least any of: a clarity, a contrast, or brightness of an image of the target video frame; and an evaluation indicator for the scene dimension indicates a matching degree between a target scene of the target video frame and scene information.
[0023] In one implementation, the multiple video frames of a video item are sampled at a fixed sampling rate, for example 2 frames per second (fps). In one example, a portion (having the size/duration of 100 seconds) of a full-frame rate video item (e.g., displayed 24 fps or greater) may be sampled to identify 200 sampled video frames. A frame-level quality score is generated for each of the sampled frames. A frame-level quality score may be a value attributed to a video frame (e.g., sampled video frame) that is indicative of one or more qualities of the video frame (e.g., visual quality, facial quality, motion quality) for use in a moving thumbnail. One or more frame-level scorers (e.g., also referred to as frame-level quality scorer) may be used to generate quality scores for the sampled video frames. For example, a sampled video frame is used as input data for a frame-level scorer. The frame-level scorer generates a quality score for the sampled video frame. For instance, a sampled video frame showing a small dark facial image may have a facial quality score of “0.1” while another sampled video frame showing a clear image of a face may have a facial quality score of “0.8.” Multiple group-level quality scores may be determined using the frame-level quality scores for the sampled video frames. A group-level quality score may be a value attributed to a group of video frames that is indicative of one or more qualities of the group of video frames (e.g., visual quality, facial quality, motion quality). A sliding window of a fixed duration/size (e.g., 8 seconds) is applied to the sampled video frames to define multiple groups. For example, the sampled video frames may be consecutively ordered with respect to a time axis using the timestamp associated with each sampled video frame. The size of the sliding window may be selected to be approximately equal to the duration/length of the desired moving thumbnail, for example 8 seconds. The sliding window is applied to different positions along the time axis to group the sampled video frames aligned along the time axis. In one example, a sliding window with a duration/size of 8 seconds contains a different set of consecutively sampled video frames (e.g., 16 video frames if the sampling rate is 2 fps) at each position along the time axis. As the multiple groups of the sampled video frames are determined, a group-level quality score for each group may also be determined. For example, a group includes a set of consecutively sampled video frames. Each video frame of the set of consecutively sampled video frames is associated with a frame-level quality score. The frame-level quality scores for a particular set of consecutively sampled video frames of a group are aggregated to determine a group-level quality score for the group. A group-level quality score may be determined for each of the multiple groups. One group of the multiple groups of the sampled video frames may be selected based on, for example, the group having the highest group-level quality score. The set of consecutively sampled video frames of the selected group includes a first sampled video frame associated with a start timestamp and a last sampled video frame associated with an end timestamp. A subset of the video frames having timestamps within a range from the start timestamp to the end timestamp may be retrieved from a database and used to create a moving thumbnail of the video item.
Yang, 0023, 0066-0071, emphasis added
In regarding to claim 6 Yang teaches:
6. The method of claim 4, wherein determining the target evaluation indicator for the target video frame comprises: determining a scene type of the first video;
Yang, 0066-0071
determining at least one evaluation indicator weight for the at least one evaluation indicator dimension based on the scene type;
Yang, 0023, 0066-0071
and determining the target evaluation indicator based on the at least one evaluation indicator weight and the at least one evaluation indicator dimension.
Yang, 0023, 0066-0071
In regarding to claim 7 Yang teaches:
7. The method of claim 6, wherein determining at least one evaluation indicator weight comprises at least any of: in response to determining that the scene type indicates a static scene, increasing an evaluation indicator weight for the image dimension, and decreasing an evaluation indicator weight for the scene dimension; or in response to determining that the scene type indicates a dynamic scene, increasing an evaluation indicator weight for the scene dimension, and decreasing an evaluation indicator weight for the image dimension.
Yang, 0023, 0066-0071
In regarding to claim 8 Yang teaches:
8. The method of claim 1, further comprising: determining, for a second group of consecutive video frames in the plurality of video frames, a second time period associated with the second group of consecutive video frames in response to determining that respective evaluation indicators of respective video frames in the second group of consecutive video frames do not meet the predetermined condition;
Yang, 0023, 0066-0071 and Fig. 3
and indicating the first time period by using a first format and indicating the second time period by using a second format.
Yang, 0023, 0066-0071 and Fig. 3
In regarding to claim 9 Yang teaches:
9. The method of claim 8, further comprising: presenting an adjustment control for adjusting the first time period;
Yang, 0066-0071 and Fig. 3
and in response to receiving an interaction operation for the adjustment control, adjusting the first time period based on the interaction operation.
Yang, 0066-0071 and Fig. 3
In regarding to claim 11 Yang teaches:
11. The method of claim 1, wherein generating the second video further comprises: determining, for a third group of consecutive video frames in the plurality of video frames, a third time period associated with the third group of consecutive video frames in response to determining that respective evaluation indicators of respective video frames in the third group of consecutive video frames meet the predetermined condition,
Yang, 0066-0071 and Fig. 3
and wherein splicing together the first video segment and the one or more additional video segments comprises splicing together the first video segment and a third video segment in the third time period associated with the third group of consecutive video frames.
Yang, 0066-0071 and Fig. 3
In regarding to claim 12 Yang teaches:
12. The method of claim 11, wherein generating the second video further comprises: generating a transition video segment between the first video segment and the third video segment based on the first video segment and the third video segment,
Yang, 0024, 0066-0071 and Fig. 3
and wherein splicing together the first video segment and the third video segment comprises splicing together the first video segment, the transition video segment, and the third video segment.
Yang, 0024, 0066-0071, 0073 and Figs. 3-4
Claims 13-19 list all similar elements of claims 1-7, but in device form rather than method form. Therefore, the supporting rationale of the rejection to claims 1-7 applies equally as well to claims 13-19. Furthermore, Yang teaches an electric device
Yang, Fig. 6
Claim 20 list all similar elements of claim 1, but in non-transitory computer-readable medium form rather than method form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 20. Furthermore, Yang teaches an electric device
Yang, Fig. 6.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Fonseca Jr. et al. US 9,398,326 see Figs. 1-10.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL T TEKLE whose telephone number is (571)270-1117. The examiner can normally be reached Monday-Friday 8:00-4:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481
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