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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1,8,9), 2, 3, 4, 5, 6, 17, 15, 19, 20, 21, 22, 23, 12, (1, 8, 9, 25), 26, 27, 28, 20, 17 of U.S. Patent No. 12235980 B2. though the claims at issue are not identical, they are not patentably distinct from each other because both are directed to modifying a group image based on the group image belonging the group information stored data before distributing the image to the entity which does not belong to that particular group.
Current Application
US Patent No. 12235980 B2
Claim 1. A method of operating a server, the method comprising:
storing, in a storage device, information corresponding to a first group, said information indicating how a group image corresponding to the first group should be modified before distribution to an entity which is not a member of the first group;
processing a first group image to determine a group to which the first group image corresponds, said processing determining that the first group image corresponds to the first group;
modifying, at said server, the first group image in accordance with the stored information indicating how a group image corresponding to the first group should be modified before distribution to an entity which is not a member of the first group, said modifying producing a first modified first group image from the first group image, said first modified first group image being different from said first group image; and
providing the first modified first group image to an entity in response to an image request, said entity not being a member of said first group.
Claim 1. A method of operating a server, the method comprising:
storing, in a storage device, group member information for a plurality of different groups;
processing a first group image to identify one or more individuals whose image is included in the first group image;
modifying, at said server, the first group image for distribution based on a modification rule associated with a first group to which said first group image corresponds to produce a first modified first group image from the first group image, said first modified first group image being different from said first group image; and
providing the first modified first group image to an entity requesting the first group image.
Claim 8, wherein modifying the first group image for distribution based on a modification rule associated with the first group to which said first group image corresponds to produce the first modified first group image includes: modifying the first group image, in accordance with stored information indicating how a first group image should be modified for distribution to an entity, which is not a member of the first group.
Claim 9, wherein modifying the first group image, in accordance with stored information indicating how a first group image should be modified for distribution to an entity, which is not a member of the first group includes: altering images determined to correspond to members of the first group that are included in the first group image.
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 5
Claim 6
Claim 6
Claim 7
Claim 17
Claim 8
Claim 15
Claim 9
Claim 19
Claim 10
Claim 20
Claim 11
Claim 21
Claim 12
Claim 22
Claim 13
Claim 23
Claim 14
Claim 12
Claim 15
Claim 1, 8, 9, 25
Claim 16
Claim 26
Claim 17
Claim 27
Claim 18
Claim 28
Claim 19
Claim 20
Claim 20
Claim 17
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US-20210084194-A1 (Rakshit et al., According to at least one embodiment, a method, computer system, and computer program product for contextually masking visual elements in a photograph is provided. The present invention may include receiving privacy preferences from one or more users, identifying individuals in a photograph, constructing a ruleset based on the privacy preferences of the identified individuals within the photograph and, based on the ruleset, masking one or more visual elements within the photograph from view of a viewer, Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINALBEN V PATEL whose telephone number is (571)270-5872. The examiner can normally be reached M-F: 10am - 8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chineyere Wills-Burns can be reached at 571-272-9752. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Pinalben Patel/Examiner, Art Unit 2673
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