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 Objections
Claim(s) 2 is/are objected to because of the following informalities:
claim 2 recites “the second positional condition” and should be “the positional condition”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a receiver”, “an obtainer”, “a generator”, and “a transmitter” as initialized in independent claim 1, “an obtainer”, “a generator”, and “a transmitter” as initialized in independent claim 2, “a right holder processor” as initialized in claim 4, “a rewarding unit” as initialized in claim 5 and “an obtainer”, “a generator”, and “a transmitter” as initialized in independent claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In this case, paragraph [0208] discloses that “the receiver 12 … are normally implemented by a wireless or wired communication means”, paragraph [0209] discloses that “the video obtainer 133, the video generator 134, the right holder processor 135, … the rewarding unit 1355 … may normally be implemented by a processor, a memory or the like”, and paragraph [0212] discloses that “the transmitter 13 … may be implemented by a wireless or wired communication means”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-5, 7 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4 of U.S. Patent No. 12,361,522 (hereinafter ‘522) in view of Campbell et al. (US 2016/0005435 A1).
In regards to claim(s) 1, the table below maps correspondence between the limitations of the independent claim of the instant application and limitations of independent claims 1 of ‘522.
Claim 1 of Instant Application
Claim 1 of ‘522
An information processing device comprising:
An information processing device comprising:
a receiver configured to receive a route information including two or more target positional information included in an inquiry from a user terminal,
a receiver configured to receive a route information including two or more target positional information included in an inquiry from a user terminal,
an obtainer configured to obtain two or more images associated with the two or more target positional information included in the route information and associated with a positional with a positional information satisfying a positional condition from a mobile terminal, the positional condition being a condition related to a traveling direction of the mobile terminal or a direction of a camera mounted on the mobile terminal, each of the two or more images being associated with a first attribute value set including one or more environment information which includes the positional information for identifying a capturing position or associated with a second attribute value set including two or more environmental information which includes both the positional information for identifying the capturing position and a time information for identifying a capturing time;
an obtainer configured to determine a mobile body which can transmit two or more images currently captured by the mobile body and associated with a positional information satisfying a first positional condition and obtain the two or more images which are currently captured by the mobile body and associated with the positional information satisfying the first positional condition in real time, the first positional condition being a condition that the positional information of the mobile body identifies the position having an approximate relationship with the position identified by each of the two or more target positional information included in the route information, each of the two or more images being associated with a first attribute value set including one or more environment information which includes the positional information for identifying a capturing position or associated with a second attribute value set including two or more environmental information which includes both the positional information for identifying the capturing position and a time information for identifying a capturing time;
a generator configured to generate a combined image by combining the two or more images obtained by the obtainer and associated with different time information from each other in a time series manner or generate a merged image by merging a part of the two or more images obtained by the obtainer and associated with different positional information from each other in a spatial manner; and
a generator configured to generate a combined image by combining the two or more images obtained by the obtainer and associated with different time information from each other in a time series manner or generate a merged image by merging a part of the two or more images obtained by the obtainer and associated with different positional information from each other in a spatial manner; and
a transmitter configured to transmit the combined image or the merged image generated by the generator to the user terminal.
a transmitter configured to transmit the combined image or the merged image generated by the generator to the user terminal.
But claim(s) 1 of ‘522 do(es) not claim the limitation(s) of independent claim(s) 1 of the instant application as bolded on the left side of the table(s) above.
However, Campbell teaches a device, comprising:
an obtainer configured to obtain two or more images associated with the two or more target positional information included in the route information and associated with a positional with a positional information satisfying a positional condition from a mobile terminal, the positional condition being a condition related to a traveling direction of the mobile terminal or a direction of a camera mounted on the mobile terminal (e.g. [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured; user metadata is then received 604 representing a target path of interest (e.g. a sequence of time-stamped locations representing a path of the user or object or scene of interest): video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; for example, in one embodiment, the relevant sub-frame is determined based on the user and video metadata by computing a relative direction between the camera and the target at the times corresponding to each frame of the matching portion of spherical content; then, based on the relative direction and known orientation of the spherical camera, the sub-frame can be chosen centered in that direction and thus likely to depict the target).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of ‘522 to obtain images, in the same conventional manner as taught by Campbell as both deal with combining images along a path. The motivation to combine the two would be that it would allow the system to obtain images based on other criteria, such as a camera direction.
In regards to claim(s) 2, the table below maps correspondence between the limitations of the independent claim of the instant application and limitations of independent claims 1 of ‘522.
Claim 2 of Instant Application
Claim 1 of ‘522
An information processing device comprising:
An information processing device comprising:
a receiver configured to receive a route information including two or more target positional information included in an inquiry from a user terminal,
an obtainer configured to obtain two or more images captured by two or more mobile terminals and transmitted from each of the two or more mobile terminals, each of the two or more images being associated with an attribute value set including one or more environmental information which includes a positional information for identifying a capturing position or a time information for identifying a capturing time;
an obtainer configured to determine a mobile body which can transmit two or more images currently captured by the mobile body and associated with a positional information satisfying a first positional condition and obtain the two or more images which are currently captured by the mobile body and associated with the positional information satisfying the first positional condition in real time, the first positional condition being a condition that the positional information of the mobile body identifies the position having an approximate relationship with the position identified by each of the two or more target positional information included in the route information, each of the two or more images being associated with a first attribute value set including one or more environment information which includes the positional information for identifying a capturing position or associated with a second attribute value set including two or more environmental information which includes both the positional information for identifying the capturing position and a time information for identifying a capturing time;
a generator configured to generate a combined image by combining the two or more images associated with different time information from each other in a time series manner among the two or more images obtained by the obtainer or a merged image by merging a part of the two or more images associated with different positional information from each other in a spatial manner among the two or more images obtained by the obtainer; and
a generator configured to generate a combined image by combining the two or more images obtained by the obtainer and associated with different time information from each other in a time series manner or generate a merged image by merging a part of the two or more images obtained by the obtainer and associated with different positional information from each other in a spatial manner; and
a transmitter configured to transmit the combined image or the merged image generated by the generator, wherein
a transmitter configured to transmit the combined image or the merged image generated by the generator to the user terminal.
the obtainer is configured to obtain the two or more images associated with the positional information satisfying a positional condition and the time information satisfying a time condition, the second positional condition being a condition that a distance from a reference position to the capturing position is within a threshold value, the distance is less than the threshold value or the capturing position is within a reference region, and
Note: see underlined portion above for correspondence.
the generator is configured to generate a frame using a part or an entire of frames included in each of the two or more images obtained by the obtainer and generate the combined image or the merged image by combining the frame in a time series manner.
But claim(s) 1 of ‘522 do(es) not claim the limitation(s) of independent claim(s) 2 of the instant application as bolded on the left side of the table(s) above.
However, Campbell teaches a device, comprising:
an obtainer configured to obtain two or more images captured by two or more mobile terminals and transmitted from each of the two or more mobile terminals (e.g. [0036]: video server 240 receives and stores videos captured by the camera 230 and allows users to access shared videos at a later time; [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured; user metadata is then received 604 representing a target path of interest (e.g. a sequence of time-stamped locations representing a path of the user or object or scene of interest); video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; see also [0026]: spherical content capture system captures spherical video content; spherical content sharing platform enables users to share the captured spherical content and enables users to access spherical content shared by other users), each of the two or more images being associated with an attribute value set including one or more environmental information which includes a positional information for identifying a capturing position or a time information for identifying a capturing time (e.g. as above, [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured), wherein
the obtainer is configured to obtain the two or more images associated with the positional information satisfying a positional condition and the time information satisfying a time condition, the second positional condition being a condition that a distance from a reference position to the capturing position is within a threshold value, the distance is less than the threshold value or the capturing position is within a reference region (e.g. as above, [0071]: video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path), and
the generator is configured to generate a frame using a part or an entire of frames included in each of the two or more images obtained by the obtainer and generate the combined image or the merged image by combining the frame in a time series manner (e.g. as above, [0071]: for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; further in [0071]: an output video is then generated 612 from the relevant sub-frames; [0071]: an output video is then generated 612 from the relevant sub-frames; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of ‘522 to obtain images, in the same conventional manner as taught by Campbell as both deal with combining images along a path. The motivation to combine the two would be that it would allow the system to obtain images based on other criteria.
In regards to method claim 7, claim(s) 7 recite(s) limitations that is/are similar in scope to the limitations recited in claim 2. Therefore, claim(s) 7 is/are subject to rejections under the same rationale as applied hereinabove for claim 2.
In regards to claim 3, the combination of ‘522 and Campbell teaches a device, wherein
the generator is configured to generate the frame by connecting an overhead frame formed by composing the frames included in the two or more images captured by each of the two or more mobile terminals installed in each of two or more moving bodies in a spatial manner and generate the combined image or the merged image (e.g. Campbell as above, [0071]: once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; an output video is then generated 612 from the relevant sub-frames; further in [0071]: a different sub-frame location may be selected for each frame of the matching portion so as to track a moving target; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)).
In addition, the same rationale/motivation of claim 2 is used for claim 3.
Further, correspondence of the following dependent claims of the instant application can be made as follows:
claim(s) 4 to claim(s) 3 of ‘522; and
claim(s) 5 to claim(s) 4 of ‘522.
Claim(s) 6 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over the combination of claims 1, 3-4 of ‘522 and Campbell as applied to claim 5 above, and further in view of Kiyooka (US 2023/0269434 A1).
In regards to claim 6, the combination of ‘522 and Campbell teaches the device of claim 5, but does not explicitly teach the device, wherein
the rewarding unit is configured to perform a process of obtaining an attribute value associated with each of the two or more images which are the source of the combined image or the merged image transmitted by the transmitter, determining the reward to each of two or more right holders using the attribute value and providing the reward.
However, Kiyooka teaches a device, wherein
the rewarding unit is configured to perform a process of obtaining an attribute value associated with each of the two or more images which are the source of the combined image or the merged image transmitted by the transmitter, determining the reward to each of two or more right holders using the attribute value and providing the reward (e.g. [0135],Fig.3: when a viewer selects and designates a video for viewing (step 301), the tipping button/link display module 200, detecting that a video has been designated, runs (step 302), if it is confirmed that a selection has been made to accept tips (Yes) in the tip acceptance option 902 of the reward provision options control module 125 in the user interface 900 for the video upload (step 303), and the tipping button 400 as shown in Fig.4 is displayed as active as a result (step 304), allowing the viewer to leave a tip; [0143],Fig.3: when the viewer clicks (step 304) on the tipping button 400 on the viewer terminal 141 (Fig.4), the tip processing module 201 runs in response to the tip request (step 305), the tip processing module 201 maps the video ID, user ID 160, tipping settings, tip payment settings, and tip amount settings (step 306), and a tip details confirmation screen 404 is returned to the viewer terminal 141 (step 307); [0147],Fig.3: when the tip payment has been approved, a tipping complete screen 406 is displayed on the viewer terminal 141 (step 311), a tip ID is simultaneously issued (step 312), and the information in the user database 131 and the video database 130 are updated and saved in association with the user ID 160 and the video ID (step 313); Examiner’s note: where the tipping settings, tip payment settings and tip amount settings correspond to that of the attribute values).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of ‘522 and Campbell to reward content author/owner, in the same conventional manner as taught by Kiyooka as both deal with content retrieval. The motivation to combine the two would be that it would enable the ability to reward the content author/owner according to attribute settings.
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.
(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.
Claim(s) 1-4, 7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Campbell et al. (US 2016/0005435 A1).
In regards to claim 1, Campbell teaches an information processing device comprising:
a receiver (e.g. [0042]: video server 240 communicates with the client device 235 … via the network 220, which may include any combination of local area and/or wide area networks, using both wired and/or wireless communication systems; network 220 uses standard communications technologies and/or protocols) configured to receive a route information including two or more target positional information included in an inquiry from a user terminal (e.g. [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured; user metadata is then received 604 representing a target path of interest (e.g. a sequence of time-stamped locations representing a path of the user or object or scene of interest); Examiner’s note: where the series of time-stamped locations correspond to the two or more target positional information),
an obtainer (e.g. [0043]: video server 240, and client device 225 can include one or more processors … that when executed cause the processor to carry out the functions) configured to obtain two or more images associated with the two or more target positional information included in the route information and associated with a positional information satisfying a positional condition from a mobile terminal, the positional condition being a condition related to a traveling direction of the mobile terminal or a direction of a camera mounted on the mobile terminal (e.g. further in [0071]: video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; for example, in one embodiment, the relevant sub-frame is determined based on the user and video metadata by computing a relative direction between the camera and the target at the times corresponding to each frame of the matching portion of spherical content; then, based on the relative direction and known orientation of the spherical camera, the sub-frame can be chosen centered in that direction and thus likely to depict the target), each of the two or more images being associated with a first attribute value set including one or more environment information which includes the positional information for identifying a capturing position or associated with a second attribute value set including two or more environmental information which includes both the positional information for identifying the capturing position and a time information for identifying a capturing time (e.g. as above, [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured);
a generator (e.g. as above, [0043] one or more processors) configured to generate a combined image by combining the two or more images obtained by the obtainer and associated with different time information from each other in a time series manner or generate a merged image by merging a part of the two or more images obtained by the obtainer and associated with different positional information from each other in a spatial manner (e.g. further in [0071]: once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; for example, in one embodiment, the relevant sub-frame is determined based on the user and video metadata by computing a relative direction between the camera and the target at the times corresponding to each frame of the matching portion of spherical content; a different sub-frame location may be selected for each frame of the matching portion so as to track a moving target; an output video is then generated 612 from the relevant sub-frames; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)); and
a transmitter (e.g. as above, [0042]: uses standard communications technologies and/or protocols) configured to transmit the combined image or the merged image generated by the generator to the user terminal (e.g. as above, [0071]: an output video is then generated 612 from the relevant sub-frames; see also [0064]: video generation module 540 may automatically generate videos relevant to users of the community based on metadata or profile information associated with user and automatically provide the videos to the user when it is identified as being relevant to the user (e.g. via their web portal, via email, via text message, or other means)).
In regards to claim 2, Campbell teaches an information processing device comprising:
an obtainer (e.g. [0043]: video server 240, and client device 225 can include one or more processors … that when executed cause the processor to carry out the functions) configured to obtain two or more images captured by two or more mobile terminals and transmitted from each of the two or more mobile terminals (e.g. [0036]: video server 240 receives and stores videos captured by the camera 230 and allows users to access shared videos at a later time; [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured; user metadata is then received 604 representing a target path of interest (e.g. a sequence of time-stamped locations representing a path of the user or object or scene of interest); video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; see also [0026]: spherical content capture system captures spherical video content; spherical content sharing platform enables users to share the captured spherical content and enables users to access spherical content shared by other users), each of the two or more images being associated with an attribute value set including one or more environmental information which includes a positional information for identifying a capturing position or a time information for identifying a capturing time (e.g. as above, [0071]: video server 240 stores 602 one or more spherical videos (including audio channels) and associated video metadata (second attribute value set) including at least time and location metadata indicating a time and location that the spherical content was captured);
a generator (e.g. as above, [0043] one or more processors) configured to generate a combined image by combining the two or more images associated with different time information from each other in a time series manner among the two or more images obtained by the obtainer or a merged image by merging a part of the two or more images associated with different positional information from each other in a spatial manner among the two or more images obtained by the obtainer (e.g. as above, [0071]: for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path; once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; further in [0071]: an output video is then generated 612 from the relevant sub-frames; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)); and
a transmitter (e.g. [0042]: video server 240 communicates with the client device 235 … via the network 220, which may include any combination of local area and/or wide area networks, using both wired and/or wireless communication systems; network 220 uses standard communications technologies and/or protocols) configured to transmit the combined image or the merged image generated by the generator (e.g. as above, [0071]: an output video is then generated 612 from the relevant sub-frames; see also [0064]: video generation module 540 may automatically generate videos relevant to users of the community based on metadata or profile information associated with user and automatically provide the videos to the user when it is identified as being relevant to the user (e.g. via their web portal, via email, via text message, or other means)), wherein
the obtainer is configured to obtain the two or more images associated with the positional information satisfying a positional condition and the time information satisfying a time condition, the second positional condition being a condition that a distance from a reference position to the capturing position is within a threshold value, the distance is less than the threshold value or the capturing position is within a reference region (e.g. as above, [0071]: video metadata is correlated 606 with the user metadata to determine a matching portion; for example, in one embodiment, a matching portion is found when over a predefined minimum time duration (e.g. 5 seconds, 10 seconds, etc.) the camera (mobile body) is within a predefined distance from the target path), and
the generator is configured to generate a frame using a part or an entire of frames included in each of the two or more images obtained by the obtainer and generate the combined image or the merged image by combining the frame in a time series manner (e.g. as above, [0071]: an output video is then generated 612 from the relevant sub-frames; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)).
In regards to method claim 7, claim(s) 7 recite(s) limitations that is/are similar in scope to the limitations recited in claim 2. Therefore, claim(s) 7 is/are subject to rejections under the same rationale as applied hereinabove for claim 2.
In regards to claim 3, the combination of ‘522 and Campbell teaches a device, wherein
the generator is configured to generate the frame by connecting an overhead frame formed by composing the frames included in the two or more images captured by each of the two or more mobile terminals installed in each of two or more moving bodies in a spatial manner and generate the combined image or the merged image (e.g. as above, [0071]: once a matching portion is found, the video server 240 determines 608, for each frame of the matching portion of spherical content, a relevant sub-frame to extract from the spherical content; an output video is then generated 612 from the relevant sub-frames; further in [0071]: a different sub-frame location may be selected for each frame of the matching portion so as to track a moving target; Examiner’s note: this shows that multiple video sub-frames, associated with different frames/times/locations along a path, are combined to generate a video (i.e. time-sequenced images)).
In regards to claim 4, Campbell teaches a device, wherein
each of the two or more images is associated with a right holder identifier for identifying a right holder of each of the two or more images (e.g. [0059]: the video server 240 generates a unique identifier for each video stored in the video storage 510 which may be stored as metadata associated with the video in the metadata storage 525; in some embodiments, the generated identifier for a particular video is unique to a particular user; for example, each user can be associated with a first unique identifier (such as a 10-digit alphanumeric string), and each video captured by a user is associated with a second unique identifier made up of the first unique identifier associated with the user concatenated with a video identifier (such as an 8-digit alphanumeric string unique to the user)), and
a right holder processor is further provided for performing a right holder process which is a process related to the right holder identified by the right holder identifier which is associated with the combined image or the merged image generated by the generator (e.g. as above, [0059]: the video server 240 generates a unique identifier for each video stored in the video storage 510; in some embodiments, the generated identifier for a particular video is unique to a particular user; see also [0080]: to generate an output video, the video server 240 receives 904 an edit map that specifies for each frame time of an output video, an identifier of a spherical video and spatial location of a sub-frame in the identified spherical video).
Claim Rejections - 35 USC § 103
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.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell as applied to claim 4 above, and further in view of Kiyooka (US 2023/0269434 A1).
In regards to claim 5, Campbell teaches the device of claim 4, wherein
the right holder identifier associated with the combined image or the merged image is the right holder identifier associated with each of the two or more images which are a source of the combined image or the merged image (e.g. as above, [0059]: the video server 240 generates a unique identifier for each video stored in the video storage 510; in some embodiments, the generated identifier for a particular video is unique to a particular user; see also [0080]: to generate an output video, the video server 240 receives 904 an edit map that specifies for each frame time of an output video, an identifier of a spherical video and spatial location of a sub-frame in the identified spherical video),
but does not explicitly teach the device, wherein
the right holder processor includes a rewarding unit for performing a rewarding process which is a process of providing a reward to the right holder identified by the right holder identifier associated with each of the two or more images which are the source of the combined image or the merged image.
However, Kiyooka teaches a device, wherein
the right holder processor includes a rewarding unit for performing a rewarding process which is a process of providing a reward to the right holder identified by the right holder identifier associated with each of the two or more images (e.g. [0135],Fig.3: when a viewer selects and designates a video for viewing (step 301), the tipping button/link display module 200, detecting that a video has been designated, runs (step 302), if it is confirmed that a selection has been made to accept tips (Yes) in the tip acceptance option 902 of the reward provision options control module 125 in the user interface 900 for the video upload (step 303), and the tipping button 400 as shown in Fig.4 is displayed as active as a result (step 304), allowing the viewer to leave a tip; [0143],Fig.3: when the viewer clicks (step 304) on the tipping button 400 on the viewer terminal 141 (Fig.4), the tip processing module 201 runs in response to the tip request (step 305), the tip processing module 201 maps the video ID, user ID 160, tipping settings, tip payment settings, and tip amount settings (step 306), and a tip details confirmation screen 404 is returned to the viewer terminal 141 (step 307); [0147],Fig.3: when the tip payment has been approved, a tipping complete screen 406 is displayed on the viewer terminal 141 (step 311), a tip ID is simultaneously issued (step 312), and the information in the user database 131 and the video database 130 are updated and saved in association with the user ID 160 and the video ID (step 313)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Campbell to reward content author/owner, in the same conventional manner as taught by Kiyooka as both deal with video content retrieval. The motivation to combine the two would be that it would enable the ability to reward the content author/owner.
In regards to claim 6, the combination of Campbell and Kiyooka teaches a device, wherein
the rewarding unit is configured to perform a process of obtaining an attribute value associated with each of the two or more images which are the source of the combined image or the merged image transmitted by the transmitter, determining the reward to each of two or more right holders using the attribute value and providing the reward (e.g. Kiyooka as above, [0143],Fig.3: when the viewer clicks (step 304) on the tipping button 400 on the viewer terminal 141 (Fig.4), the tip processing module 201 runs in response to the tip request (step 305), the tip processing module 201 maps the video ID, user ID 160, tipping settings, tip payment settings, and tip amount settings (step 306), and a tip details confirmation screen 404 is returned to the viewer terminal 141 (step 307); [0147],Fig.3: when the tip payment has been approved, a tipping complete screen 406 is displayed on the viewer terminal 141 (step 311), a tip ID is simultaneously issued (step 312), and the information in the user database 131 and the video database 130 are updated and saved in association with the user ID 160 and the video ID (step 313); Examiner’s note: where the tipping settings, tip payment settings and tip amount settings correspond to that of the attribute values).
In addition, the same rationale/motivation of claim 5 is used for claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JED-JUSTIN IMPERIAL whose telephone number is (571)270-5807. The examiner can normally be reached Monday to Friday, 9am - 6pm.
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/JED-JUSTIN IMPERIAL/Examiner, Art Unit 2616
/DANIEL F HAJNIK/Supervisory Patent Examiner, Art Unit 2616
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