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 .
DETAILED ACTION
This Office Action is in response to Application No. 19/015,143 filed 01/09/2025. Claims 1-20 are pending and have been examined.
The information disclosure statements (IDS) submitted on 01/28/2025, 04/02/2025 and 06/18/2025 were considered by the examiner.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 16 recite the limitation "the media content segment" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it was assumed that the limitation should read “the second media content segment.”
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 11-16 and 20 of U.S. Patent No. 12,373,901. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth. For example, note the following relationship between claim 1 of the instant application and the patented claims.
Application No. 19/015,143
U.S. Patent No. 12,373,901
1. A method of content capturing, comprising:
1. A method of content capturing, comprising:
presenting a first page, the first page being configured to capture a first media content segment;
presenting a first capturing page corresponding to a single-segment capturing mode to capture a first video segment;
in response to capturing completion, presenting a first editing page, the first editing page being configured to edit at least the first media content segment, wherein the first editing page comprises a predetermined control, the predetermined control being configured to trigger addition of a new media content segment; and
in response to an indication of capturing completion being detected while the first capturing page is being presented, presenting a first editing page for editing at least the first captured video segment, wherein the first editing page comprises a new capturing control, and a trigger on the new capturing control triggers an indication for new capturing, so that a video segment is to be captured in a multi-segment capturing mode; and
in response to a trigger on the predetermined control, presenting a second page, the second page being configured to obtain a second media content segment, wherein the second page is different from the first page, and the first media content segment and the second media content segment are associated with one video.
in response to detecting the indication of new capturing in the first editing page, presenting a second capturing page corresponding to the multi-segment capturing mode to capture a second video segment, wherein the second capturing page is different from the first capturing page, and the first video segment and the second video segment are associated with a video captured in multi-segment capturing mode.
It would have been obvious to one of ordinary skill in the art to readily recognize that the conflicting claims are different definitions or descriptions of the same subject matter varying in breadth. In this case, the application claims are broader than and inclusive of the patented claims.
Claim 2 of the application corresponds to claim 3 of the patent.
Claim 3 of the application corresponds to claim 1 of the patent.
Claim 4 of the application corresponds to claim 2 of the patent.
Claim 5 of the application corresponds to claim 3 of the patent.
Claim 6 of the application corresponds to claim 4 of the patent.
Claim 7 of the application corresponds to claim 5 of the patent.
Claim 8 of the application corresponds to claim 6 of the patent.
Claim 9 of the application corresponds to claim 7 of the patent.
Claim 10 of the application corresponds to claim 8 of the patent.
Claim 11 of the application corresponds to claim 9 of the patent.
Claim 12 of the application corresponds to claim 11 of the patent.
Claim 13 of the application corresponds to claim 12 of the patent.
Claim 14 of the application corresponds to claim 13 of the patent.
Claim 15 of the application corresponds to claim 15 of the patent.
Claim 16 of the application corresponds to claim 13 of the patent.
Claim 17 of the application corresponds to claim 14 of the patent.
Claim 18 of the application corresponds to claim 15 of the patent.
Claim 19 of the application corresponds to claim 16 of the patent.
Claim 20 of the application corresponds to claim 20 of the patent.
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 1-5, 7-11, 14-18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Anvaripour et al. (US 2022/0207805), herein Anvaripour.
Consider claim 1, Anvaripour clearly teaches a method of content capturing, comprising:
presenting a first page, the first page being configured to capture a first media content segment; (Fig. 5: The capture user interface 502 includes camera mode selection button 510 which is placed into first camera mode for capturing a single video clip, [0049], [0092]-[0094].)
in response to capturing completion, presenting a first editing page, the first editing page being configured to edit at least the first media content segment, (Figs. 5, 7: After capturing the video clip a preview user interface 504, 702 is displayed which includes editing tools 526, 704 for editing the captured clips, [0111], [0123].) wherein the first editing page comprises a predetermined control, the predetermined control being configured to trigger addition of a new media content segment; (Fig. 7: The preview user interface 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) and
in response to a trigger on the predetermined control, presenting a second page, (Fig. 7: The preview user interface 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) the second page being configured to obtain a second media content segment, wherein the second page is different from the first page, (Fig. 5: The second capture mode can be selected using button 510 and the interface is different from the first and includes first and second tap gestures for pausing and restarting video capture, [0095], [0097]-[0100], [0115]-[0122].) and the first media content segment and the second media content segment are associated with one video. (Fig. 5: Expanded view 524 shows video clips 1-5 combined into one video, [0091], [0102], [0103].)
Consider claim 2, Anvaripour clearly teaches the second page comprises at least one of: a first control to trigger capturing of the second media content segment, (Fig. 5: Capture button 520, [0098]) or a second control to trigger uploading of the second media content segment from an album.
Consider claim 3, Anvaripour clearly teaches at least one of the first media content segment or the media content segment comprises: a video segment, or an image. (Video clips or images may be captured, [0093].)
Consider claim 4, Anvaripour clearly teaches presenting the first page comprises: in response to a capturing start instruction, presenting a first capturing start page, the first capturing start page comprising at least a capturing control; and in response to a trigger on the capturing control, presenting the first page. (Fig. 5: The capture user interface 502 includes capture button 520 to record video clips, [0093], [0097].)
Consider claim 5, Anvaripour clearly teaches presenting the second page comprises: in response to a trigger on the predetermined control, presenting a second capturing start page, the second capturing start page comprising at least a capturing control; (Fig. 7: The preview user interface 504, 702 includes an add video button 710 for switching back to the capture user interface 502 to capture an additional video clip, [0109], [0126].) and in response to a trigger on the capturing control, presenting the second page. (Fig. 5: The capture user interface 502 includes capture button 520 to record video clips, [0093], [0097].)
Consider claim 7, Anvaripour clearly teaches in response to completion of obtaining the second media content segment, presenting a second editing page, the second editing page being configured to at least edit the first media content segment and the second media content segment. (Figs. 5, 7: After capturing the additional video clip a preview user interface 504, 702 is displayed which includes editing tools 526, 704 for editing the captured clips and video preview 708 in which each clip is represented, [0109], [0111], [0123], [0126].)
Consider claim 8, Anvaripour clearly teaches an editing result of the first media content segment is maintained in the first editing page and in the second editing page. (All video clips and edits are preserved when switching between the preview user interface 702 and the capture user interface 502, [0109], [0110], [0126], [0127].)
Consider claim 9, Anvaripour clearly teaches in response to a total length of media content segments reaching an upper limit of video duration, presenting the first editing page; or in response to the total length of media content segments reaching the upper limit of video duration, presenting the second editing page, the second editing page being configured to at least edit the first media content segment and the second media content segment. (Camera system 214 prevents recording of subsequent video clips if a maximum duration is reached, [0104]. Capture user interface 502 is automatically switched to preview user interface 504 following the capture of a clip, [0107].)
Consider claim 10, Anvaripour clearly teaches a trigger on new capturing is disabled in the first editing page or the second editing page where the total length of the media content segments reaches the upper limit of video duration. (Camera system 214 prevents recording of subsequent video clips if a maximum duration is reached, [0104].)
Consider claim 11, Anvaripour clearly teaches presenting the second page comprises: presenting at least one of the following indications in the second page: an indication of a remaining capturing duration, which is determined based on a difference between the upper limit of video duration and the total length of the media content segments, or an indication of a capturing progress of the second media content segment. (Fig. 5: Timeline progress bar 514 is updated in real-time, [0103].)
Consider claim 14, Anvaripour clearly teaches an electronic device, comprising:
at least one processing unit; and at least one memory coupled to the at least one processing unit and storing instructions to be executed by the at least one processing unit, the instructions, when executed by the at least one processing unit, causing the electronic device to perform acts (Fig. 11, [0163]) comprising:
presenting a first page, the first page being configured to capture a first media content segment; (Fig. 5: The capture user interface 502 includes camera mode selection button 510 which is placed into first camera mode for capturing a single video clip, [0049], [0092]-[0094].)
in response to capturing completion, presenting a first editing page, the first editing page being configured to edit at least the first media content segment, (Figs. 5, 7: After capturing the video clip a preview user interface 504, 702 is displayed which includes editing tools 526, 704 for editing the captured clips, [0111], [0123].) wherein the first editing page comprises a predetermined control, the predetermined control being configured to trigger addition of a new media content segment; (Fig. 7: The preview user interface 504, 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) and
in response to a trigger on the predetermined control, presenting a second page, (Fig. 7: The preview user interface 504, 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) the second page being configured to obtain a second media content segment, wherein the second page is different from the first page, (Fig. 5: The second capture mode can be selected using button 510 and the interface is different from the first and includes first and second tap gestures for pausing and restarting video capture, [0095], [0097]-[0100], [0115]-[0122].) and the first media content segment and the second media content segment are associated with one video. (Fig. 5: Expanded view 524 shows video clips 1-5 combined into one video, [0091], [0102], [0103].)
Consider claim 15, Anvaripour clearly teaches the second page comprises at least one of: a first control to trigger capturing of the second media content segment, (Fig. 5: Capture button 520, [0098]) or a second control to trigger uploading of the second media content segment from an album.
Consider claim 16, Anvaripour clearly teaches at least one of the first media content segment or the media content segment comprises: a video segment, or an image. (Video clips or images may be captured, [0093].)
Consider claim 17, Anvaripour clearly teaches presenting the first page comprises: in response to a capturing start instruction, presenting a first capturing start page, the first capturing start page comprising at least a capturing control; and in response to a trigger on the capturing control, presenting the first page. (Fig. 5: The capture user interface 502 includes capture button 520 to record video clips, [0093], [0097].)
Consider claim 18, Anvaripour clearly teaches presenting the second page comprises: in response to a trigger on the predetermined control, presenting a second capturing start page, the second capturing start page comprising at least a capturing control; (Fig. 7: The preview user interface 504, 702 includes an add video button 710 for switching back to the capture user interface 502 to capture an additional video clip, [0109], [0126].) and in response to a trigger on the capturing control, presenting the second page. (Fig. 5: The capture user interface 502 includes capture button 520 to record video clips, [0093], [0097].)
Consider claim 20, Anvaripour clearly teaches a non-transitory computer-readable storage medium having a computer program stored thereon, the computer program, when executed by a processor, implementing acts (Fig. 11, [0163]) comprising:
presenting a first page, the first page being configured to capture a first media content segment; (Fig. 5: The capture user interface 502 includes camera mode selection button 510 which is placed into first camera mode for capturing a single video clip, [0049], [0092]-[0094].)
in response to capturing completion, presenting a first editing page, the first editing page being configured to edit at least the first media content segment, (Figs. 5, 7: After capturing the video clip a preview user interface 504, 702 is displayed which includes editing tools 526, 704 for editing the captured clips, [0111], [0123].) wherein the first editing page comprises a predetermined control, the predetermined control being configured to trigger addition of a new media content segment; (Fig. 7: The preview user interface 504, 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) and
in response to a trigger on the predetermined control, presenting a second page, (Fig. 7: The preview user interface 504, 702 includes an add video button 710 to capture additional video clips, [0109], [0126].) the second page being configured to obtain a second media content segment, wherein the second page is different from the first page, (Fig. 5: The second capture mode can be selected using button 510 and the interface is different from the first and includes first and second tap gestures for pausing and restarting video capture, [0095], [0097]-[0100], [0115]-[0122].) and the first media content segment and the second media content segment are associated with one video. (Fig. 5: Expanded view 524 shows video clips 1-5 combined into one video, [0091], [0102], [0103].)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Anvaripour et al. (US 2022/0207805) in view of Wong et al. (US 2021/0375320), herein Wong.
Consider claim 6, Anvaripour clearly teaches presenting the second capturing start page.
However, Anvaripour does not explicitly teach in response to a trigger for segment alignment, presenting an alignment identifier in the second capturing start page for alignment to at least one object in the first media content segment.
In an analogous art, Wong, which discloses a system for video processing, clearly teaches in response to a trigger for segment alignment, presenting an alignment identifier in the second capturing start page for alignment to at least one object in the first media content segment. (Fig. 2C: Ghost icon 220 enables the user to align an object in the first video clip with the same object in the second video clip, [0069].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Anvaripour by in response to a trigger for segment alignment, presenting an alignment identifier in the second capturing start page for alignment to at least one object in the first media content segment, as taught by Wong, for the benefit of enabling the user to seamlessly stitch together the video clips.
Consider claim 19, Anvaripour combined with Wong clearly teaches presenting the second capturing start page comprises: in response to a trigger for segment alignment, presenting an alignment identifier in the second capturing start page for alignment to at least one object in the first media content segment. (Fig. 2C: Ghost icon 220 enables the user to align an object in the first video clip with the same object in the second video clip, [0069] Wong.)
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Anvaripour et al. (US 2022/0207805) in view of Anvaripour et al. (US 2022/0210337), herein Anvaripour ‘337.
Consider claim 12, Anvaripour clearly teaches presenting the first editing page comprises: presenting a first segment identifier of the first media content segment in the first editing page. (Fig. 7: Video preview includes individually selectable thumbnails, [0126].)
However, Anvaripour does not explicitly teach in response to a selection of the first segment identifier, presenting a preview window of the first media content segment; and presenting, based on a positioning indicator of the first media content segment in the preview window, a picture of the first media content segment corresponding to the positioning indicator in the first editing page.
In an analogous art, Anvaripour ‘337, which discloses a system for video processing, clearly teaches in response to a selection of the first segment identifier, presenting a preview window of the first media content segment; and presenting, based on a positioning indicator of the first media content segment in the preview window, a picture of the first media content segment corresponding to the positioning indicator in the first editing page. (Figs. 8C, 8D: The user taps on a thumbnail in preview bar 814 corresponding to a video clip and the playback 810 displays the video frame associated with position indicator 816,840, [0141]-[0144].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Anvaripour by in response to a selection of the first segment identifier, presenting a preview window of the first media content segment; and presenting, based on a positioning indicator of the first media content segment in the preview window, a picture of the first media content segment corresponding to the positioning indicator in the first editing page, as taught by Anvaripour ‘337, for the benefit of allowing the user greater control over the video clip edits.
Consider claim 13, Anvaripour combined with Anvaripour ‘337 clearly teaches in response to deletion of the first segment identifier, deleting the first media content segment corresponding to the first segment identifier. (Thumbnails are individually selectable for deletion, [0126] Anvaripour.)
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
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, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/ Primary Examiner, Art Unit 2425