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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/03/2025 is/are compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Office Action Summary
Claim(s) 1-20 is/are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-17 of U.S. Patent No. 12,238,447 B2.
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) 1-20 is/are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-17 of U.S. Patent No. 12,238,447 B2.
Regarding independent claim(s) 1, 18, and 20, although this claims are not identical to claim(s) 1, 13, and 17 of U.S. Patent No. 12,238,447 B2, this claims are not patentably distinct from claim(s) 1, 13, and 17 of U.S. Patent No. 12,238,447 B2 because claim(s) 1, 18, and 20 is/are broader than and fully encompassed by claim(s) 1, 13, and 17 of U.S. Patent No. 12,238,447 B2.
Claim(s) 1, 13, and 17 of U.S. Patent
No. 12,238,447 B2
Claim(s) 1, 18, and 20 of the
Current Application
i. obtaining, by a computing system comprising one or more processors and one or more memory devices, a video comprising a plurality of video frames; and
i. obtaining, by a computing system comprising one or more processors and one or more memory devices, a video comprising a plurality of video frames, the plurality of video frames having a first video frame; and
ii. for each of one or more video frames of the plurality of video frames: sampling, by the computing system, an edge portion of the video frame, the edge portion comprising a portion of the video frame adjacent to an edge of the video frame;
ii. sampling, by the computing system, an edge portion of the first video frame, the edge portion comprising a portion of the first video frame adjacent to an edge of the first video frame;
iii. generating, by the computing system, a bias lighting effect for the video frame, wherein generating, by the computing system, the bias lighting effect comprises: inverting, by the computing system, the edge portion across the edge;
iv. enlarging the edge portion in a vertical direction and a horizontal direction; and
iii. generating, by the computing system, a bias lighting effect for the first video frame, wherein generating the bias lighting effect comprises enlarging the edge portion in a vertical and a horizontal direction; and
v. blurring, by the computing system, the edge portion, wherein blurring the edge portion comprises performing a Gaussian blur on the edge portion; and
vi. displaying, on a graphical user interface by the computing system, the video frame concurrently with the bias lighting effect for the video frame, the bias lighting effect displayed adjacent to the edge of the video frame, wherein the graphical user interface comprises a first display field for displaying the video and a second display field for displaying the bias lighting effect.
iv. displaying, on a graphical user interface by the computing system, the first video frame concurrently with the bias lighting effect for the first video frame, the bias lighting effect displayed adjacent to the edge of the first video frame, wherein the graphical user interface comprises a first display field for displaying the video and a second display field for displaying the bias lighting effect.
Regarding claim(s) 2 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 1 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 3 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 1 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 4 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 2 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 5 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 3 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 6-7 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 4 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 8 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 5 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 9 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 6 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 10 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 7 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 11 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 8 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 12 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 9 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 13-15 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 10 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 16 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 11 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 17 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 12 of U.S. Patent No. 12,238,447 B2.
Regarding claim(s) 19 is/are not patentably distinct from are anticipated and fully encompassed by claim(s) 14 of U.S. Patent No. 12,238,447 B2.
As can be seen from above, the independent/dependent claim(s) of instant application are merely broader versions of claim(s) of patented application. The claimed invention in the instant application is fully disclosed in the patent and/or it is broader than the claimed invention in the U.S. Patent No. 12,238,447 B2. No new invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982).
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Relevant Prior Art Directed to State of Art
Baldwin (US9307148B1) are relevant prior art not applied in the rejection(s) above. Baldwin discloses a computing system, comprising: one or more processors; memory including instructions that, when executed by the one or more processors, cause the computing system to: obtain a request to modify an input video, the input video corresponding to a first resolution; divide the input video into a plurality of zones; estimate camera motion of the input video based at least in part upon a plurality of inter-frame motion vectors of the plurality of zones of each frame of the input video; generate an output video based at least in part upon selection of at least a portion of pixels of each input frame of the input video, at least one output segment of the output video selected based at least in part upon the modified motion, the output video corresponding to a second resolution that is lower than the first resolution.
Muto (US20110058100A1) are relevant prior art not applied in the rejection(s) above. Muto discloses a video signal processing apparatus, comprising: a receiver configured to receive input of a predetermined video display mode; a video converter configured to generate video data by sampling a video signal with a predetermined resolution inputted from the outside at an arbitrary sampling frequency and scaling the area corresponding to an enlargement scaling factor of the generated video data at an arbitrary enlargement ratio.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONGBONG NAH whose telephone number is (571) 272-1361. The examiner can normally be reached M - F: 9:00 AM - 5:30 PM.
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/JONGBONG NAH/Examiner, Art Unit 2674
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