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 .
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 27, 29, 33-34, 38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 7-8, 13, 16, 20, and 24 of U.S. Patent No. 12,266,000. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Application 19,028,794
Patent No. 12,266,000
Claim 27: A system for developing modified images of vehicles, comprising:
at least one front-end image acquisition device for acquiring one or more images of at least a first one of a plurality of vehicles, the acquired images each comprising a foreground displaying the first one of the plurality of vehicles and a background displaying one or more objects other than the first one of the plurality of vehicles;
at least one processor coupled to the at least one front-end image acquisition device; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions, wherein the instructions, when executed by the at least one processor:
receive the acquired images of the first one of the plurality of vehicles via the at least one front-end image acquisition device,
superimpose an indicia from an indicia file on at least one of the acquired images of the first one of the plurality of vehicles, the indicia being located in the acquired image outside the region of the first one of the plurality of vehicles such that the indicia is visible without blocking the view of the first one of the plurality of vehicles,
generate an altered image from the at least one of the acquired images, the altered image including the superimposed indicia and the first one of the plurality of vehicles, and
add the altered image of the first one of the plurality of vehicles to a website.
Claim 29: The system of claim 27, wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered
image.
Claim 1: A system for verifying image alterations, comprising:
at least one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles, the acquired images each comprising a foreground displaying a selected vehicle and a background displaying one or more objects other than the selected vehicle;
at least one processor coupled to the at least one front-end image acquisition device and configured for use in a distributed computing environment; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions, wherein the instructions, when executed by the at least one processor, configure the distributed computing environment to:
receive the acquired images of each of the plurality of vehicles via the at least one front-end image acquisition device,
generate an altered image from the at least one of the acquired images to be altered by altering one or more of the objects from the background thereof such that the one or more objects are not visible in the altered image,
add the altered image to a website, and
generate a log file in response to said altering and said adding, the log file recording each occurrence of generating the altered image and adding the altered image to the website for each of the plurality of vehicles.
Claim 2: The system of claim 1, the at least one computer-readable storage device further storing an indicia file, wherein the instructions, when executed by the at least one processor, further configure the distributed computing environment to generate the altered image by superimposing an indicia from the indicia file on the image to be altered, whereby the indicia is visible in the altered image without blocking the view of the selected vehicle.
Claim 33: A method for developing vehicle images, comprising:
acquiring, via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle;
generating, by an image alteration computing device, an altered image of at least one of the acquired images, wherein the generating includes (i) removing the one or more objects from the background from the at least one acquired image and (ii) superimposing an indicia from an indicia file on the acquired image to be altered, and wherein the superimposed indicia is visible in the altered image on the background thereof such that the superimposed indicia does not block the view of the vehicle in the altered image; and
transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website in which the altered image of the vehicle is presented.
Claim 34: The method of claim 33, further comprising generating, by the image alteration computing device, a log file that records an occurrence of generating the altered image.
Claim 7: A method for verifying image alterations, comprising:
acquiring, by an image alteration computing device via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle;
generating, by the image alteration computing device, an altered image of at least one of the acquired images, wherein generating the altered image comprises altering one or more objects from the background of the acquired image, wherein the one or more objects are not visible in the altered image;
transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website by which the altered image is available via the Internet;
recording, by the image alteration computing device, occurrences of altering the at least one of the acquired images and transmitting the altered image to the server; and
generating, by the image alteration computing device, a log file of the recorded occurrences in response to said altering and said transmitting.
Claim 8: The method of claim 7, wherein generating the altered image further comprises superimposing an indicia from an indicia file on the at least one of the acquired images.
Claim 38: A system for developing vehicle images, comprising:
at least one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles, the acquired images each comprising a foreground displaying a selected vehicle and a background displaying one or more objects other than the selected vehicle;
at least one processor coupled to the at least one front-end acquisition device; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions, wherein the instructions, when executed by the at least one processor:
receive the acquired images of the plurality of vehicles via the at least one front-end image acquisition device,
generate an altered image for each of the plurality of vehicles by altering one or more of the objects from the background of at least one of the acquired images to be altered such that the one or more objects are removed from and not visible in the altered image,
superimpose an indicia from an indicia file on the altered image, the altered image including the superimposed indicia, wherein the indicia does not overlap with the view of a selected vehicle in the altered image, and
add the altered image to a website, the website displaying the altered images for the plurality of vehicles.
Claim 40: The system of claim 38, wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered image.
Claim 13: A system for verifying image alterations, comprising:
at least one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles, the acquired images each comprising a foreground displaying a selected vehicle and a background displaying one or more objects other than the selected vehicle;
at least one processor coupled to the at least one front-end acquisition device and configured for use in a distributed computing environment; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions and an indicia file, wherein the instructions, when executed by the at least one processor, configure the distributed computing environment to:
receive the acquired images of the plurality of vehicles via the at least one front-end image acquisition device,
superimpose an indicia from the indicia file on at least one of the acquired images of the selected vehicle,
generate an altered image from the at least one of the acquired images, the altered image including the superimposed indicia, wherein the indicia is visible without blocking the view of the selected vehicle in the altered image,
add the altered image to a website, and
generate a log file in response to said altering and said adding, the log file recording each occurrence of generating the altered image and adding the altered image to the website.
Claim 16: The system of claim 13, wherein the instructions, when executed by the at least one processor, further configure the distributed computing environment to generate the altered image by altering one or more of the objects from the background of the at least one of the acquired images to be altered such that the one or more objects are not visible in the altered image.
Claim 33: A method for developing vehicle images, comprising:
acquiring, via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle;
generating, by an image alteration computing device, an altered image of at least one of the acquired images, wherein the generating includes (i) removing the one or more objects from the background from the at least one acquired image and (ii) superimposing an indicia from an indicia file on the acquired image to be altered, and wherein the superimposed indicia is visible in the altered image on the background thereof such that the superimposed indicia does not block the view of the vehicle in the altered image; and
transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website in which the altered image of the vehicle is presented.
Claim 34: The method of claim 33, further comprising generating, by the image alteration computing device, a log file that records an occurrence of generating the altered image.
Claim 20: A method for verifying image alterations, comprising:
acquiring, by an image alteration computing device via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle;
generating, by the image alteration computing device, an altered image of at least one of the acquired images, wherein generating the altered image comprises superimposing an indicia from an indicia file on the acquired image to be altered, and wherein the superimposed indicia is visible in the altered image on the background thereof without blocking the view of the vehicle in the altered image;
transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website via which the altered image is available via the Internet;
recording, by the image alteration computing device, occurrences of altering the at least one of the acquired images and transmitting the altered image to the server; and
generating, by the image alteration computing device, a log file of the recorded occurrences in response to said altering and said transmitting.
Claim 24: The method of claim 20, wherein generating the altered image further comprises altering the background, wherein the one or more objects are not visible in the altered image.
Claims 27, 29, 33-34, 38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 11,270,350. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Application 19,028,794
Patent No. 11,270,350
Claim 27: A system for developing modified images of vehicles, comprising:
at least one front-end image acquisition device for acquiring one or more images of at least a first one of a plurality of vehicles, the acquired images each comprising a foreground displaying the first one of the plurality of vehicles and a background displaying one or more objects other than the first one of the plurality of vehicles;
at least one processor coupled to the at least one front-end image acquisition device; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions, wherein the instructions, when executed by the at least one processor:
receive the acquired images of the first one of the plurality of vehicles via the at least one front-end image acquisition device,
superimpose an indicia from an indicia file on at least one of the acquired images of the first one of the plurality of vehicles, the indicia being located in the acquired image outside the region of the first one of the plurality of vehicles such that the indicia is visible without blocking the view of the first one of the plurality of vehicles,
generate an altered image from the at least one of the acquired images, the altered image including the superimposed indicia and the first one of the plurality of vehicles, and
add the altered image of the first one of the plurality of vehicles to a website.
Claim 29: The system of claim 27, wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered
image.
Claim 1: A system for verifying image alterations, comprising:
a front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles available from a dealer;
a dealer computing device, comprising:
an acquisition and alteration processor, and
a computer-readable storage device storing processor-executable instructions and an indicia file, wherein the instructions, when executed by the acquisition and alteration processor, configure the dealer computing device to:
acquire the images of the plurality of vehicles via the front-end image acquisition device,
superimpose an indicia from the indicia file on a background of at least one of the acquired images to be altered,
mask one or more objects from the background of the at least one of the acquired images to be altered, wherein the one or more objects from the background are other than the vehicle and the superimposed indicia,
generate an altered image from the at least one of the acquired images to be altered including the superimposed indicia and having the one or more objects masked from the background, whereby the indicia is visible without blocking the view of the vehicle in the altered image,
add the altered image to a website,
generate a log file in response to said altering and said adding, the log file recording each occurrence of altering the at least one of the acquired images and adding the altered image to the website, and
transmit the generated log file to an advertising entity computing device to enable the advertising entity computing device to verify said adding the altered images to the website and remit cooperative advertising funds to the dealer computing device in response thereto.
Claim 33: A method for developing vehicle images, comprising:
acquiring, via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle;
generating, by an image alteration computing device, an altered image of at least one of the acquired images, wherein the generating includes (i) removing the one or more objects from the background from the at least one acquired image and (ii) superimposing an indicia from an indicia file on the acquired image to be altered, and wherein the superimposed indicia is visible in the altered image on the background thereof such that the superimposed indicia does not block the view of the vehicle in the altered image; and
transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website in which the altered image of the vehicle is presented.
Claim 34: The method of claim 33, further comprising generating, by the image alteration computing device, a log file that records an occurrence of generating the altered image.
Claim 3: A method for verifying image alterations, comprising:
acquiring, by a dealer computing device via a front-end image acquisition device, one or more images of a vehicle;
altering, by the dealer computing device, at least one of the acquired images, wherein altering comprises superimposing an indicia from an indicia file on a background of the acquired image to be altered and masking objects from the background thereof other than the vehicle and the superimposed indicia to generate an altered image, wherein the superimposed indicia is visible in the altered image on the background thereof without blocking the view of the vehicle in the altered image;
transmitting, by the dealer computing device, the altered image to a server computing device, the server computing device hosting a website via which the altered image is available via the Internet;
recording occurrences of altering the at least one of the acquired images and transmitting the altered image to the server;
generating, by the dealer computing device, a log file of the recorded occurrences in response to said altering and said transmitting;
transmitting, by the dealer computing device, the log file to an advertising entity computing device; and
remitting, by the advertising entity computing device, cooperative advertising funds to the dealer computing device based on the transmitted log file.
Claim 38: A system for developing vehicle images, comprising:
at least one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles, the acquired images each comprising a foreground displaying a selected vehicle and a background displaying one or more objects other than the selected vehicle;
at least one processor coupled to the at least one front-end acquisition device; and
at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions, wherein the instructions, when executed by the at least one processor:
receive the acquired images of the plurality of vehicles via the at least one front-end image acquisition device,
generate an altered image for each of the plurality of vehicles by altering one or more of the objects from the background of at least one of the acquired images to be altered such that the one or more objects are removed from and not visible in the altered image,
superimpose an indicia from an indicia file on the altered image, the altered image including the superimposed indicia, wherein the indicia does not overlap with the view of a selected vehicle in the altered image, and
add the altered image to a website, the website displaying the altered images for the plurality of vehicles.
Claim 40: The system of claim 38, wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered image.
Claim 1: A system for verifying image alterations, comprising:
a front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles available from a dealer;
a dealer computing device, comprising:
an acquisition and alteration processor, and
a computer-readable storage device storing processor-executable instructions and an indicia file, wherein the instructions, when executed by the acquisition and alteration processor, configure the dealer computing device to:
acquire the images of the plurality of vehicles via the front-end image acquisition device,
superimpose an indicia from the indicia file on a background of at least one of the acquired images to be altered,
mask one or more objects from the background of the at least one of the acquired images to be altered, wherein the one or more objects from the background are other than the vehicle and the superimposed indicia,
generate an altered image from the at least one of the acquired images to be altered including the superimposed indicia and having the one or more objects masked from the background, whereby the indicia is visible without blocking the view of the vehicle in the altered image,
add the altered image to a website,
generate a log file in response to said altering and said adding, the log file recording each occurrence of altering the at least one of the acquired images and adding the altered image to the website, and
transmit the generated log file to an advertising entity computing device to enable the advertising entity computing device to verify said adding the altered images to the website and remit cooperative advertising funds to the dealer computing device in response thereto.
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.
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: one front-end image acquisition device for acquiring one or more images of at least a first one of a plurality of vehicles and one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles in claims 27 and 38.
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.
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.
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) 27-30 and 33-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US Patent No. 11,288,789) in view of Wingle (US Patent No. 9,582,810).
Regarding claim 27 Chen discloses a system for developing modified images of vehicles, comprising:
at least one front-end image acquisition device for acquiring one or more images of at least a first one of a plurality of vehicles, the acquired images each comprising a foreground displaying the first one of the plurality of vehicles and a background displaying one or more objects other than the first one of the plurality of vehicles (Figure 7 shows an image of a vehicle, the image shows a foreground that includes the vehicle and a background including multiple objects; note the images are taken with a camera – col.11, 59-60);
at least one processor coupled to the at least one front-end image acquisition device; and at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions (at least some of the operations of a method may be performed by one or more processors or processor-implemented hardware modules – col.45, 22-23), wherein the instructions, when executed by the at least one processor:
receive the acquired images of the first one of the plurality of vehicles via the at least one front-end image acquisition device (Figure 3 shows a method in which the target vehicle images are received),
superimpose an indicia on at least one of the acquired images of the first one of the plurality of vehicles (Figures 9 and 10 show landmarks on the vehicle images),
generate an altered image from the at least one of the acquired images (Figure 12 shows an altered image in which the background (from Fig. 7) has been removed).
However, fails to explicitly disclose superimpose an indicia from an indicia file, the indicia being located in the acquired image outside the region of the first one of the plurality of vehicles such that the indicia is visible without blocking the view of the first one of the plurality of vehicles, generate an altered image from the at least one of the acquired images, the altered image including the superimposed indicia and the first one of the plurality of vehicles, and add the altered image of the first one of the plurality of vehicles to a website.
In his disclosure Wingle teaches superimpose an indicia from an indicia file, the indicia being located in the acquired image outside the region of the first one of the plurality of vehicles such that the indicia is visible without blocking the view of the first one of the plurality of vehicles, generate an altered image from the at least one of the acquired images, the altered image including the superimposed indicia and the first one of the plurality of vehicles, and add the altered image of the first one of the plurality of vehicles to a website (Figure 4 shows a website in which an altered image is shown, the altered image includes a captured image of a vehicle and multiple indicia; note the multiple indicia do not block the view of the vehicle in the altered image).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 28 Chen discloses the system of claim 27, wherein the instructions, when executed by the at least one processor, generate the altered image by altering one or more of the objects from the background of the at least one of the acquired images such that the one or more objects are removed from and not visible in the altered image (Figure 7 shows an image of a vehicle and Figure 12 shows an altered image of Figure 7 in which the background has been removed).
Regarding claim 29 Chen discloses the system of claim 27. However, fails to explicitly disclose wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered image.
In his disclosure Wingle teaches to generate a log file, the log file recording an occurrence of generating the altered image (a content server 722 stores aggregated content associated with each tag, including, without limitation, EID banner advertisements, contact information and an EID website – [0049]; sending the generated consumer content display (altered image) to a print server – Figure 8; a person with ordinary skill in the art would know the digital information is sent/received/shared via files).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 30 Chen discloses the system of claim 29. However, fails to explicitly disclose wherein the log file is used for generating an amount of payment associated with the altered image of the plurality of vehicles.
In his disclosure Wingle teaches the log file is used for generating an amount of payment associated with the altered image of the plurality of vehicles (Figure 5 shows the cost of a selected vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 33 Chen discloses a method for developing vehicle images, comprising:
acquiring, via a front-end image acquisition device, one or more images of a vehicle, the acquired images each comprising a foreground displaying the vehicle and a background displaying one or more objects other than the vehicle (Figure 7 shows an image of a vehicle, the image shows a foreground that includes the vehicle and a background including multiple objects; note the images are taken with a camera – col.11, 59-60);
generating, by an image alteration computing device, an altered image of at least one of the acquired images, wherein the generating includes (i) removing the one or more objects from the background from the at least one acquired image (Figure 7 shows an image of a vehicle and Figure 12 shows an altered image of Figure 7 in which the background has been removed) and (ii) superimposing an indicia on the acquired image to be altered (Figures 9 and 10 show landmarks on the vehicle images).
However, fails to explicitly disclose superimposing an indicia from an indicia file, and wherein the superimposed indicia is visible in the altered image on the background thereof such that the superimposed indicia does not block the view of the vehicle in the altered image; and transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website in which the altered image of the vehicle is presented.
In his disclosure Wingle teaches superimposing an indicia from an indicia file, and wherein the superimposed indicia is visible in the altered image on the background thereof such that the superimposed indicia does not block the view of the vehicle in the altered image (Figure 4 shows a website in which an altered image is shown, the altered image includes a captured image of a vehicle and multiple indicia; note the multiple indicia do not block the view of the vehicle in the altered image); and transmitting, by the image alteration computing device, the altered image to a server computing device, the server computing device hosting a website in which the altered image of the vehicle is presented (Figure 5 shows an altered image that has been created and sent to be displayed on a website such as the one in Figure 6).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 34 Chen discloses the method of claim 33. However, fails to explicitly disclose further comprising generating, by the image alteration computing device, a log file that records an occurrence of generating the altered image.
In his disclosure Wingle teaches generating a log file that records an occurrence of generating the altered image (a content server 722 stores aggregated content associated with each tag, including, without limitation, EID banner advertisements, contact information and an EID website – [0049]; sending the generated consumer content display (altered image) to a print server – Figure 8; a person with ordinary skill in the art would know the digital information is sent/received/shared via files).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 35 Chen discloses the system of claim 34. However, fails to explicitly disclose wherein the log file is used for generating an amount of payment associated with the altered image.
In his disclosure Wingle teaches the log file is used for generating an amount of payment associated with the altered image (Figure 5 shows the cost of a selected vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 36 Chen discloses the method of claim 35, wherein removing the one or more objects from the background creates a uniform background (Figure 7 shows an image of a vehicle and Figure 12 shows an altered image of Figure 7 in which the background has been removed and made said background a uniform background).
Regarding claim 37 Chen discloses the method of claim 36. Chen discloses the superimposed indicia is partially in the uniform background (refer to Figure 9 shows superimposed markings that are placed partially in the uniform background).
However, fails to explicitly disclose wherein the indicia is in the uniform background.
In his disclosure Wingle teaches wherein the indicia is in the uniform background (figures 4 and 6 show indicia in the uniform background).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 38 Chen discloses a system for developing vehicle images, comprising:
at least one front-end image acquisition device for acquiring one or more images of each of a plurality of vehicles, the acquired images each comprising a foreground displaying a selected vehicle and a background displaying one or more objects other than the selected vehicle (Figure 7 shows an image of a vehicle, the image shows a foreground that includes the vehicle and a background including multiple objects; note the images are taken with a camera – col.11, 59-60);
at least one processor coupled to the at least one front-end acquisition device; and at least one computer-readable storage device coupled to the at least one processor, the at least one computer-readable storage device storing processor-executable instructions (at least some of the operations of a method may be performed by one or more processors or processor-implemented hardware modules – col.45, 22-23), wherein the instructions, when executed by the at least one processor:
receive the acquired images of the plurality of vehicles via the at least one front- end image acquisition device (Figure 3 shows a method in which the target vehicle images are received),
generate an altered image for each of the plurality of vehicles by altering one or more of the objects from the background of at least one of the acquired images to be altered such that the one or more objects are removed from and not visible in the altered image (Figure 7 shows an image of a vehicle and Figure 12 shows an altered image of Figure 7 in which the background has been removed),
superimpose an indicia on the altered image, the altered image including the superimposed indicia (Figures 9 and 10 show landmarks on the vehicle images).
However, fails to explicitly disclose an indicia from an indicia file, wherein the indicia does not overlap with the view of a selected vehicle in the altered image, and add the altered image to a website, the website displaying the altered images for the plurality of vehicles.
In his disclosure Wingle teaches an indicia from an indicia file, wherein the indicia does not overlap with the view of a selected vehicle in the altered image, and add the altered image to a website, the website displaying the altered images for the plurality of vehicles (Figure 4 shows a website in which an altered image is shown, the altered image includes a captured image of a vehicle and indicia; note the indicia do not block the view of the vehicle in the altered image).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 39 Chen discloses the system of claim 38. However, fails to explicitly disclose wherein the instructions, when executed by the at least one processor, generate a vehicle banner file.
In his disclosure Wingle teaches to generate a vehicle banner file (figures 2, 4, 6, 10 show banner files associated with the vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 40 Chen discloses the system of claim 38. However, fails to explicitly disclose wherein the instructions, when executed by the at least one processor, generate a log file, the log file recording an occurrence of generating the altered image.
In his disclosure Wingle teaches to generate a log file, the log file recording an occurrence of generating the altered image (a content server 722 stores aggregated content associated with each tag, including, without limitation, EID banner advertisements, contact information and an EID website – [0049]; sending the generated consumer content display (altered image) to a print server – Figure 8; a person with ordinary skill in the art would know the digital information is sent/received/shared via files).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Regarding claim 41 Chen discloses the system of claim 40. However, fails to explicitly disclose wherein the instructions, when executed by the at least one processor, generate an invoice for an amount of payment based on the log file.
In his disclosure Wingle teaches to generate an invoice for an amount of payment based on the log file (Figure 5 shows the cost of a selected vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Wingle into the teachings of Chen because such incorporation will provide an improved system and method for quick response information management (col.1, 30-32).
Claim(s) 42-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US Patent No. 11,288,789) in view of Wingle (US Patent No. 9,582,810) Webb et al. (US Patent No. 7,889,931).
Regarding claim 42 Chen discloses the system of claim 38. However, fails to explicitly disclose wherein the front-end image acquisition device includes at least six peripheral cameras, wherein a first peripheral camera is configured to acquire front image data of a front of at least one of the plurality of vehicles and a second peripheral camera is configured to acquire rear image data of a rear of at least one of the plurality of vehicles.
In his disclosure Webb teaches the front-end image acquisition device includes at least six peripheral cameras, wherein a first peripheral camera is configured to acquire front image data of a front of at least one of the plurality of vehicles and a second peripheral camera is configured to acquire rear image data of a rear of at least one of the plurality of vehicles (Figure 5 shows an arrangement of image capturing devices that includes a camera to capture image data of a front of the vehicle and a second camera that acquires a rear image of the vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the multiple cameras to acquire images of the vehicle as taught by Webb into the image processing of Chen because such incorporation enhances the experience of the user by decreasing the image taking time.
Regarding claim 43 Chen discloses the system of claim 42. However, fails to explicitly disclose wherein a third peripheral camera is configured to acquire first side image data of a first side of at least one of the plurality of vehicles and a fourth peripheral camera is configured to acquire second side image data of a second side of at least one of the plurality of vehicles.
In his disclosure Webb teaches a third peripheral camera is configured to acquire first side image data of a first side of at least one of the plurality of vehicles and a fourth peripheral camera is configured to acquire second side image data of a second side of at least one of the plurality of vehicles (Figure 5 shows an arrangement of image capturing devices that includes a camera to capture image data of a first side of the vehicle and a fourth camera to capture image data if a second side of the vehicle).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the multiple cameras to acquire images of the vehicle as taught by Webb into the image processing of Chen because such incorporation enhances the experience of the user by decreasing the image taking time.
Regarding claim 44 Chen discloses the system of claim 43. However, fails to explicitly disclose wherein a fifth peripheral camera is configured to acquire bottom image data of a bottom of at least one of the plurality of vehicles and a sixth peripheral camera is configured to acquire top image data of a top of at least one of the plurality of vehicles.
In his disclosure Webb teaches a fifth peripheral camera is configured to acquire bottom image data of a bottom of at least one of the plurality of vehicles and a sixth peripheral camera is configured to acquire top image data of a top of at least one of the plurality of vehicles (image data associated with a vehicle's exterior, interior, undercarriage, wheels, and tires can be captured, archived, assessed, and compared by a vehicle inspection engine – col.12, 53-56).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the multiple cameras to acquire images of the vehicle as taught by Webb into the image processing of Chen because such incorporation enhances the experience of the user by decreasing the image taking time.
Regarding claim 45 Chen discloses the system of claim 42. However, fails to explicitly disclose wherein the front-end image acquisition device further includes an interior camera configured to acquire interior image data of an interior of at least one of the plurality of vehicles.
In his disclosure Webb teaches an interior camera configured to acquire interior image data of an interior of at least one of the plurality of vehicles (image data associated with a vehicle's exterior, interior, undercarriage, wheels, and tires can be captured, archived, assessed, and compared by a vehicle inspection engine – col.12, 53-56).
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the multiple cameras to acquire images of the vehicle as taught by Webb into the image processing of Chen because such incorporation enhances the experience of the user by decreasing the image taking time.
Allowable Subject Matter
Claims 31-32, 46 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E VAZQUEZ COLON whose telephone number is (571)270-1103. The examiner can normally be reached M-F 7:30 AM-3:30 PM.
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, CHRISTOPHER S KELLEY can be reached at (571)272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARIA E VAZQUEZ COLON/Examiner, Art Unit 2482