DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim 1 is pending under this Office action.
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 §§ 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. 10,558,342. Although the claims at issue are not identical, they are not patentably distinct from each other because they can read on to each other, see the following mapping table.
Application No. 19/057,294 (Instant Application)
U.S. Patent No. 10,558,342
1. A computer system for automating the shifting of pixels within a digital image, comprising:
one or more processors; and
one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to perform at least the following:
access, from memory, a digital image file, wherein the digital image file comprises information that corresponds to individual pixels within the digital image;
identify a particular portion of the digital image to mask, wherein the mask prevents pixels covered by the mask from being shifted;
receive a first starting point through a user interface, wherein the first starting point is received through a user selection of a first beginning portion of the digital image;
receive a first ending point through the user interface, wherein the first ending point is received through a user selection of a first ending portion of the user interface;
create a first link between the first starting point and the first ending point, wherein the first link comprises:
a non-linear pathway extending between the first starting point and the first ending point a first direction extending from the first starting point to the first ending point; and
a first length extending along the non-linear pathway between the first starting point and the first ending point;
identify a first set of pixels that lie along the link between the first starting point and the first ending point; and
shift the first set of pixels in the first direction along the first length of the non-linear pathway, wherein shifting the first set of pixels comprises rendering and re-rendering in a loop the first set of pixels being shifted.
1. A computer system for automating a shifting of pixels within a digital image, comprising:
one or more processors; and
one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to perform at least the following:
access, from memory, a digital image file, wherein the digital image file comprises information that corresponds to individual pixels within the digital image;
(US 11/301,119 B2)
apply a mask to a particular portion of the digital image, wherein the mask prevents pixels covered by the mask from being shifted;
receive a first starting point through a user interface, wherein the first starting point is received through a user selection of a first beginning portion of the digital image;
receive a first ending point through the user interface, wherein the first ending point is received through a user selection of a first ending portion of the user interface;
create a first link between the first starting point and the first ending point, wherein the first link comprises:,
a non-linear pathway extending between the first starting point and the first ending point; and
a first length extending along the non-linear pathway between the first starting point and the first ending point;
identify a first set of pixels that lie along the first link between the first starting point and the first ending point; and
shift the first set of pixels along the first length of the non-linear pathway, wherein shifting the first set of pixels comprises rendering and re-rendering in a loop the first set of pixels being shifted.
Claim 1 of the instant application is drawn to a computer system for automating the shifting of pixels within a digital image, comprising: one or more processors; and one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to perform at least the following: access, from memory, a digital image file, wherein the digital image file comprises information that corresponds to individual pixels within the digital image; identify a particular portion of the digital image to mask, wherein the mask prevents pixels covered by the mask from being shifted; receive a first starting point through a user interface, wherein the first starting point is received through a user selection of a first beginning portion of the digital image; receive a first ending point through the user interface, wherein the first ending point is received through a user selection of a first ending portion of the user interface; create a first link between the first starting point and the first ending point, wherein the first link comprises: a non-linear pathway extending between the first starting point and the first ending point a first direction extending from the first starting point to the first ending point; and a first length extending along the non-linear pathway between the first starting point and the first ending point; identify a first set of pixels that lie along the link between the first starting point and the first ending point; and shift the first set of pixels in the first direction along the first length of the non-linear pathway, wherein shifting the first set of pixels comprises rendering and re-rendering in a loop the first set of pixels being shifted.
While the exact wordings of claim 1 of the ‘342 patent may not be the same as that of claim 1 of the instant application, but there is no significant difference in scope between the claim 1 of the instant application and the claim 1 of the patent ‘342. Therefore, claim 1 of the instant application cannot be considered patentably distinct over claim 1 of the ‘342 patent. The cited limitation in the instant application, “identify a particular portion of the digital image to mask, wherein the mask prevents pixels covered by the mask from being shifted” is also disclosed in the same family granted patent “US 11/301,119 B2”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Avidan, etc. (US 20080219587 A1), Ohta (US 20150262327 A1) and Amirghodsi, etc. ( US 20170140514 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GORDON G LIU whose telephone number is (571)270-0382. The examiner can normally be reached Monday - Friday 8:00-5:00.
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/GORDON G LIU/Primary Examiner, Art Unit 2618
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