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 .
Preliminary Remarks
This is a reply to the application filed on 01/18/2025, in which, claim 1 remains pending in the present application with claim 1 being independent claim.
When making claim amendments, the applicant is encouraged to consider the references in their entireties, including those portions that have not been cited by the examiner and their equivalents as they may most broadly and appropriately apply to any particular anticipated claim amendments.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 20, 2025 is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner.
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 obviousness-type 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 LongL 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 11,127,431 B2 (hereinafter referred to as “claim 1 of ’7431”) in view of Khatib et al. (US 20100260468 A1, hereinafter referred to as “Khatib”).
Regarding claim 1 of this application,
Claim 1 of the application
Claim 1 of ’7431
A system for low bandwidth consumption online content editing, the system comprising:
An online content editor server system for low bandwidth consumption online content editing, the system comprising:
an online adjustable quality content editing engine;
an online adjustable quality content editing engine;
an adjustable-quality layer rendering engine coupled to the online adjustable quality content editing engine;
an adjustable-quality layer rendering engine coupled to the online adjustable quality content editing engine;
a content library engine coupled to the online adjustable quality content editing engine;
a content library engine coupled to the online adjustable quality content editing engine;
a content library datastore coupled to the content library engine, wherein the content library datastore comprises first content, the first content containing a first representation of user-generated media and the first representation having a first quality;
a content library datastore coupled to the content library engine, wherein the content library datastore comprises first content, the first content containing a first representation of user-generated media and the first representation having a first quality;
a remote online content editor user interface engine at a client;
a remote online content editor user interface engine implemented at one or more client devices corresponding to one or more users;
wherein, in operation:
the content library engine provides gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality;
wherein, in operation:
the content library engine gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality;
the online adjustable quality content editing engine:
the online adjustable quality content editing engine
provides the second content to the remote online content editor user interface engine;
provides the second content to the remote online content editor user interface engine;
the remote online content editor user interface engine determines how and when local edits are transferred, the how and when the local edits are transferred comprising transferring at least a portion of the local edits during local editing and prior to completion of the local editing, to the online adjustable quality content editing engine based on a context in which the local edits are performed and a characteristic of the local edits, the characteristic of the local edits comprising content editor user preferences indicated by a content editor user, wherein:
if local edits to the second content modify only a portion of the second content, the remote online content editor user interface engine transfers, during the local editing, only the modified portion of the second content to the online adjustable quality content editing engine;
if a single user of the one or more users is editing the second content using the remote online content editor user interface engine and instructs two or more modification actions to be performed on the second content, the remote online content editor user interface engine transfers local edits to the online adjustable quality content editing engine after the two or more modification actions have been performed on the second content;
if more than one user is editing the second content using the remote online content editor user interface engine, the remote online content editor user interface engine transfers, during the local editing, local edits to the online adjustable quality content editing engine in parts to enable processing of the second content to commence as the parts are received;
receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality;
gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality;
the adjustable-quality layer rendering engine renders multi-layered user-created content comprising a superimposition of the one or more edit components and the first content, the multi-layered user-created content having the first quality.
the adjustable-quality layer rendering engine renders multi-layered user-created content by superimposing edit components of the local edits over the first content, the multi-layered user-created content having the first quality.
Regarding claim 1 of this application, claim 1 of ’7431 discloses all the claimed limitations with the exception of receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality; and gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality.
Khatib from the same or similar fields of endeavor discloses receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality (see Khatib, paragraph [0023]: “The server may create, on the fly, reduced-size, low-bandwidth portions of a source media file and deliver individual frames or stream portions of the created portions out to a client on demand”, and paragraph [0041]: “Referring to FIG. 4, an example of editing GUI 210, the media is displayed in the upper half of the window, and a representation of the layers used in editing the media is displayed in the lower half of the window...The three video layers may represent three different media files... A portion of the timeline may be selected by a user, as depicted in the GUI by a lightened area of the layer display, and an editing operation may be applied to the selected portion”);
gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality (see Khatib, paragraph [0035]: “the original media file may be encoded in a high-resolution format, the real-time streaming of which may require a very fast and expensive network link … the client may adjust the level of resizing … the user may adjust the size of the stream on the fly, i.e., during an editing session…”).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Khatib with the teachings as in claim 1 of ’7431. The motivation for doing so would ensure the system to have the ability to use the system for remote video editing disclosed in Khatib to create low-bandwidth portions of a source media file; to deliver individual frames or stream portions of the created portions out to a client on demand; and to adjust the size of the stream during an editing session by adjusting the level of resizing thus receiving one or more local edits to a local version of the second content at the second quality; and gathering one or more edit components wherein each of the one or more edit components corresponding to each of the one or more local edits having the first quality in order to ensure that the lower quality version of the user created high quality content can be selected, reviewed, and modified from client side via the internet therefore providing preview online while utilizing less network bandwidth.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 9,489,983 B2 (hereinafter referred to as “claim 1 of ’9983”).
Regarding claim 1 of this application,
Claim 1 of the application
Claim 1 of ’9983
A system for low bandwidth consumption online content editing, the system comprising:
A system for low bandwidth consumption online content editing, the system comprising:
an online adjustable quality content editing engine;
an online adjustable quality content editing engine;
an adjustable-quality layer rendering engine coupled to the online adjustable quality content editing engine;
an adjustable-quality layer rendering engine coupled to the online adjustable quality content editing engine;
a content library engine coupled to the online adjustable quality content editing engine;
a content library engine coupled to the online adjustable quality content editing engine;
an adjustable quality content payment engine coupled to the online adjustable quality content editing engine, the adjustable quality content payment engine comprising a payment processing engine and a content quality definition engine;
a content library datastore coupled to the content library engine, wherein the content library datastore comprises first content, the first content containing a first representation of user-generated media and the first representation having a first quality;
a content library datastore coupled to the content library engine, wherein the content library datastore comprises first content, the first content containing a first representation of user-generated media and the first representation having a first quality, and the first content comprising user-generated or third-party provided content;
a remote online content editor user interface engine at a client;
a remote online content editor user interface engine at a client;
a content publication engine coupled to the online adjustable quality content editing engine;
a content licensing management engine coupled to the online adjustable quality content editing engine;
wherein, in operation:
the content library engine provides gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality;
wherein, in operation:
the content library engine gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality;
the online adjustable quality content editing engine:
the online adjustable quality content editing engine:
provides the second content to the remote online content editor user interface engine;
provides the second content to the remote online content editor user interface engine;
receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality;
receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality;
gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality;
gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality;
the adjustable-quality layer rendering engine renders multi-layered user-created content comprising a superimposition of the one or more edit components and the first content, the multi-layered user-created content having the first quality.
the adjustable-quality layer rendering engine: renders multi-layered user-created content comprising a superimposition of the one or more edit components and the first content, the multi-layered user-created content having the first quality;
adjustably renders a first editing layer at a predefined-quality level corresponding to the first quality, wherein the predefined-quality level is based on a user preference, a payment from a user, a system preference, and a system condition;
the payment processing engine processes the payment;
the content quality definition engine defines the predefined-quality level based on a condition selected from a group consisting of an amount of the payment and a success in processing the payment;
the content publication engine publishes the multi-layered user-created content for consumption after a first editing layer has been rendered by the adjustable-quality layer rendering engine;
the content licensing management engine:
obtains a licensing parameter of use for the first content, wherein the licensing parameter comprises a use limitation associated with the first content;
provides the licensing parameter to the online adjustable quality content editing engine to limit use of the first content according to the use limitation.
It should be noted that the table above distinguishes the equivalent limitations as recited claim 1 of the instant application in comparison to the limitations as recited in claim 1 of ’9983.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 11 recites “the content library engine provides gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality”. It seems “provides gathers second content” is a grammatically error. 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.
Use of the word “engine” (or “step for”, “unit”, “device”, “element”, “mechanism”, “module”, “means”, “component”, “member”, “apparatus”, “machine”, “system”, “assembly”, “portion”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “engine” in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
The claim limitations use 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 content library engine … in claim 1;
an online adjustable quality content editing engine… in claim 1; and
an adjustable-quality layer rendering engine … in claim 1.
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. (FP 7.30.06).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Allowable Subject Matter
Claim 1 identifies the allowable features listed below that are features of allowance found from allowed U.S. Patent No. US 9,489,983 B2 and would be allowable if overcome claim objection and the double patenting rejection.
" A system for low bandwidth consumption online content editing, the system comprising:
an online adjustable quality content editing engine;
an adjustable-quality layer rendering engine coupled to the online adjustable quality content editing engine;
a content library engine coupled to the online adjustable quality content editing engine;
a content library datastore coupled to the content library engine, wherein the content library datastore comprises first content, the first content containing a first representation of user-generated media and the first representation having a first quality;
a remote online content editor user interface engine at a client;
wherein, in operation:
the content library engine provides gathers second content containing a second representation of the user-generated media, the second representation having a second quality less than the first quality;
the online adjustable quality content editing engine:
provides the second content to the remote online content editor user interface engine;
receives one or more local edits to a local version of the second content, the one or more local edits being at the second quality;
gathers one or more edit components, each of the one or more edit components corresponding to each of the one or more local edits, and the one or more edit components having the first quality;
the adjustable-quality layer rendering engine renders multi-layered user-created content comprising a superimposition of the one or more edit components and the first content, the multi-layered user-created content having the first quality.”
Conclusion
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NIENRU YANG
Examiner
Art Unit 2484
/NIENRU YANG/Examiner, Art Unit 2484
/THAI Q TRAN/Supervisory Patent Examiner, Art Unit 2484