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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,402,700. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application includes the additional limitation of “wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description”. This limitation is included in the scope of the claimed invention of U.S. Patent No. 10,402,700 (disclosed in col. 16 lines 38-58 of said patent).
Application No. 19/059,132 Claim 1
U.S. Patent No. 10,402,700 Claim 1
A neural network system implemented by one or more computers, the neural network system being configured to receive a neural network input and to generate an output image from the neural network input, the output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective color value for each of a plurality of color channels, and the neural network system comprising:
A neural network system implemented by one or more computers, the neural network system being configured to receive a neural network input and to generate an output image from the neural network input, the output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective color value for each of a plurality of color channels, and the neural network system comprising:
one or more initial neural network layers configured to receive the neural network input and to process the neural network input to generate an alternative representation of the neural network input, wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description; and
one or more initial neural network layers configured to receive the neural network input and to process the neural network input to generate an alternative representation of the neural network input
one or more output layers, wherein the output layers are configured to receive the alternative representation and to generate the output image pixel by pixel from a sequence of pixels taken from the output image, comprising, for each pixel in the output image, generating a respective score distribution over a discrete set of possible color values for each of the plurality of color channels.
one or more output layers, wherein the output layers are configured to receive the alternative representation and to generate the output image pixel by pixel from a sequence of pixels taken from the output image, comprising, for each pixel in the output image, generating a respective score distribution over a discrete set of possible color values for each of the plurality of color channels
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,462,034. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,462,034 does not explicitly specify the neural network comprises layers.
Application No. 19/059,132 Claim 1
U.S. Patent No. 11,462,034 Claim 1
A neural network system implemented by one or more computers, the neural network system being configured to receive a neural network input and to generate an output image from the neural network input, the output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective color value for each of a plurality of color channels, and the neural network system comprising:
A system comprising: one or more computers, and one or more storage devices storing instructions that, when executed by the one or more computers, cause the one or more computers to perform operations for generating an output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective value for each of one or more channels, the operations comprising:
one or more initial neural network layers configured to receive the neural network input and to process the neural network input to generate an alternative representation of the neural network input, wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description; and
receiving a neural network input that includes a high-level description of desired content of the output image; generating, using one or more initial neural network layers and conditioned on the high-level description, a respective portion of an alternative representation of the neural network input for each of the one or more channels for each pixel in the plurality of pixels included in the output image;
one or more output layers, wherein the output layers are configured to receive the alternative representation and to generate the output image pixel by pixel from a sequence of pixels taken from the output image, comprising, for each pixel in the output image, generating a respective score distribution over a discrete set of possible color values for each of the plurality of color channels.
and for each of the one or more channels for each pixel in the plurality of pixels included in the output image: processing the respective portion of the alternative representation using one or more output neural network layers to generate a respective score distribution over a discrete set of possible values for the channel; and selecting, using the respective score distribution, the respective value for the channel.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,870,947. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application includes the additional limitation of “wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description”. This limitation is included in the scope of the claimed invention of U.S. Patent No. 11,870,947 (disclosed in col. 16 lines 31-51 of said patent).
Application No. 19/059,132 Claim 1
U.S. Patent No. 11,870,947 Claim 1
A neural network system implemented by one or more computers, the neural network system being configured to receive a neural network input and to generate an output image from the neural network input, the output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective color value for each of a plurality of color channels, and the neural network system comprising:
A computer-implemented method of generating an output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective value for each of one or more channels, and wherein the method comprises:
one or more initial neural network layers configured to receive the neural network input and to process the neural network input to generate an alternative representation of the neural network input, wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description; and
receiving a neural network input by a neural network system; processing the neural network input using one or more initial neural network layers of the neural network system to generate a respective portion of an alternative representation of the neural network input corresponding to each of the one or more channels for each pixel in the plurality of pixels included in the output image;
one or more output layers, wherein the output layers are configured to receive the alternative representation and to generate the output image pixel by pixel from a sequence of pixels taken from the output image, comprising, for each pixel in the output image, generating a respective score distribution over a discrete set of possible color values for each of the plurality of color channels.
processing the respective portion of the alternative representation using one or more output neural network layers to generate a respective score distribution over a discrete set of possible values for the channel, wherein the respective score distribution comprises a score for each of the possible values in the discrete set; and selecting, using the respective score distribution and from the discrete set of possible values for the channel, the respective value for the channel.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,267,518. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application includes the additional limitation of “wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description”. This limitation is included in the scope of the claimed invention of U.S. Patent No. 12,267,518 (disclosed in col. 16 lines 47-68 of said patent).
Application No. 19/059,132 Claim 1
U.S. Patent No. 12,267,518 Claim 1
A neural network system implemented by one or more computers, the neural network system being configured to receive a neural network input and to generate an output image from the neural network input, the output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective color value for each of a plurality of color channels, and the neural network system comprising:
A computer-implemented method of generating an output image comprising a plurality of pixels arranged in a two-dimensional map, each pixel having a respective value for each of one or more channels, wherein the method comprises:
one or more initial neural network layers configured to receive the neural network input and to process the neural network input to generate an alternative representation of the neural network input, wherein the neural network input includes a high-level description of desired content of the output image, and wherein the one or more initial layers are configured to generate the alternative representation of the neural network input conditioned on the high-level description; and
receiving an input image by a neural network system; processing the input image using one or more initial neural network layers of the neural network system to generate a respective portion of an alternative representation of the input image corresponding to each of the one or more channels for each pixel in the plurality of pixels included in the output image;
one or more output layers, wherein the output layers are configured to receive the alternative representation and to generate the output image pixel by pixel from a sequence of pixels taken from the output image, comprising, for each pixel in the output image, generating a respective score distribution over a discrete set of possible color values for each of the plurality of color channels.
processing the respective portion of the alternative representation using one or more output neural network layers to generate a processing the respective portion of the alternative representation using one or more output neural network layers to generate a respective score distribution over a discrete set of possible values for the channel, wherein the respective score distribution comprises a score for each of the possible values in the discrete set; and selecting, using the respective score distribution and from the discrete set of possible values for the channel, the respective value for the channel.
Allowable Subject Matter
Claim 1 is allowable over the prior art. The claimed invention is directed towards a multi-layered neural network system that predicts an alternative image using an input image and a high-level description of the desired alternative image where each discrete possible color value for each channel of each pixel is assigned a score. While training computer models to predict images using known outcomes is well known in the art, see for example Jepson et al. (2003/0219146), applicant’s claimed method of individually scoring every discrete color value for color channel of every pixel does not appear to be taught or reasonably suggested in the prior art at the time of effective filing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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/DOMINIC D SALTARELLI/Primary Examiner, Art Unit 2421
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