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 .
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 claims at issue 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); 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-22 of U.S. Patent No. 11695718. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in U.S. Patent No. 11695718 defines a method retrieving, by a client device from a storage device, first image data captured by the client device; receiving first metadata corresponding to a selected image processing operation, wherein the first metadata corresponding to the selected image processing operation is provided by a messaging server and received by the client device; generating second image data based on the first metadata and the selected image processing operation performed on the first image data, the second image data comprising modified image data after the selected image processing operation is performed on the first image data; generating second metadata comprising information corresponding to the image processing operation, a first identifier associated with the first image data, and a second identifier associated with the second image data, the second metadata further comprising an identifier of at least one media overlay utilized with the image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data, wherein the second metadata further comprises gesture information indicating a swipe direction, a gesture sequence count indicating a number of swipes, and a tap count indicating a number of touch inputs received; and generating a message comprising the second metadata, the second image data, the second image data comprising the modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, and the first image data, the first image data comprising unmodified image data prior to the modified image data from the second image data, and the first image data being stored in the storage device at a previous time and retrieved from the storage device at a subsequent time when generating the message; and sending the message to a second client device, the message including the second metadata, the second image data comprising the modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, and including the first image data comprising the unmodified image data prior to the modified image data from the second image data. It would have been obvious to one of ordinary skill in the art to notice claim 1 in current application and claim 1 in U.S. Patent No. 11695718 are almost identical, and claims in current application are much broader. All the claims are essentially the same structure and perform essentially the same function, therefore unpatentable for obvious-type double patenting. Dependent claim 4, 6-9,14 and 16-19 are rejected because it’s almost identical to claim 4 and 6-9 of U.S. Patent No. 11695718.
Claim in Application 19067368
Claim in Patent 11695718
1. A method, comprising:
1. A method, comprising:
retrieving, by a client device from a storage device, first image data captured by the client device;
receiving first metadata corresponding to a selected image processing operation, wherein the first metadata corresponding to the selected image processing operation is provided by a messaging server and received by the client device;
generating second image data based on first metadata indicating a selected image processing operation and the selected image processing operation being performed on first image data captured by a client device; generating third image data based on second metadata indicating a second image processing operation and the second image processing operation being performed on the first image data; generating composite image data based on the second image data and the third image data;
generating second image data based on the first metadata and the selected image processing operation performed on the first image data, the second image data comprising modified image data after the selected image processing operation is performed on the first image data;
generating third metadata comprising information corresponding to the selected image processing operation, the second image processing operation, a first identifier associated with the first image data, the third metadata further comprising an identifier of at least one media overlay utilized with the selected image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data; and
generating second metadata comprising information corresponding to the image processing operation, a first identifier associated with the first image data, and a second identifier associated with the second image data, the second metadata further comprising an identifier of at least one media overlay utilized with the image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data, wherein the second metadata further comprises gesture information indicating a swipe direction, a gesture sequence count indicating a number of swipes, and a tap count indicating a number of touch inputs received; and
generating a message comprising the second metadata, the second image data, the second image data comprising the modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, and the first image data, the first image data comprising unmodified image data prior to the modified image data from the second image data, and the first image data being stored in the storage device at a previous time and retrieved from the storage device at a subsequent time when generating the message; and
sending a message comprising the third metadata, the composite image data, and the first image data.
sending the message to a second client device, the message including the second metadata, the second image data comprising the modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, and including the first image data comprising the unmodified image data prior to the modified image data from the second image data.
Conflicting claims numbers:
19067368
1,11,20
4,14
6,16
7,17
8,18
9,19
11695718
1
4
6
7
8
9
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of U.S. Patent No. 12267287. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in U.S. Patent No. 12267287 defines a method retrieving, by a client device from a storage device, first image data captured by the client device; generating second image data based on first metadata indicating a selected image processing operation and the selected image processing operation being performed on the first image data; generating second metadata comprising information corresponding to the image processing operation, a first identifier associated with the first image data, and a second identifier associated with the second image data, the second metadata further comprising an identifier of at least one media overlay utilized with the image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data, wherein the second metadata further comprises gesture information indicating a tap count indicating a number of touch inputs received; and generating a message comprising the second metadata, the second image data, and the first image data, wherein the second image data comprises modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, the first image data comprises unmodified image data prior to the modified image data from the second image data; and sending the message to a second client device, the message including the second metadata, the second image data comprising the modified image data, and including the first image data, wherein the second metadata further comprises a media overlay name, a media overlay type, a media overlay index, a number of media overlays, a media overlay score, and a media overlay group. It would have been obvious to one of ordinary skill in the art to notice claim 1 in current application and claim 1 in U.S. Patent No. 12267287 are almost identical, and claims in current application are much broader. All the claims are essentially the same structure and perform essentially the same function, therefore unpatentable for obvious-type double patenting. Dependent claim 4, 6-9,14 and 16-19 are rejected because it’s almost identical to claim 3 and 5-8 of U.S. Patent No. 12267287.
Claim in Application 19067368
Claim in Patent 12267287
1. A method, comprising:
1. A method, comprising:
retrieving, by a client device from a storage device, first image data captured by the client device;
generating second image data based on first metadata indicating a selected image processing operation and the selected image processing operation being performed on first image data captured by a client device; generating third image data based on second metadata indicating a second image processing operation and the second image processing operation being performed on the first image data; generating composite image data based on the second image data and the third image data;
generating second image data based on first metadata indicating a selected image processing operation and the selected image processing operation being performed on the first image data;
generating third metadata comprising information corresponding to the selected image processing operation, the second image processing operation, a first identifier associated with the first image data, the third metadata further comprising an identifier of at least one media overlay utilized with the selected image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data; and
generating second metadata comprising information corresponding to the image processing operation, a first identifier associated with the first image data, and a second identifier associated with the second image data, the second metadata further comprising an identifier of at least one media overlay utilized with the image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data, wherein the second metadata further comprises gesture information indicating a tap count indicating a number of touch inputs received; and
generating a message comprising the second metadata, the second image data, and the first image data, wherein the second image data comprises modified image data after the at least one media overlay is utilized with the image processing operation on the first image data, the first image data comprises unmodified image data prior to the modified image data from the second image data; and
sending a message comprising the third metadata, the composite image data, and the first image data.
sending the message to a second client device, the message including the second metadata, the second image data comprising the modified image data, and including the first image data, wherein the second metadata further comprises a media overlay name, a media overlay type, a media overlay index, a number of media overlays, a media overlay score, and a media overlay group.
Conflicting claims numbers:
19067368
1,11,20
4,14
6,16
7,17
8,18
9,19
12267287
1
3
5
6
7
8
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 5, 11, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shaviv U.S. Patent Application 20180211444 in view of Leydon U.S. Patent Application 20190332522.
Regarding claim 11, Shaviv discloses a system comprising:
a processor (processor 610);
a memory (memory 630) including instructions that, when executed by the processor, cause the processor to perform operations (paragraph [0053]: The machine 600 can include processors 610, memory/storage 630... processor 612 and processor 614 that may execute instructions 616) comprising:
generating second image data based on the first metadata indicating a selected image processing operation and the selected image processing operation being performed on the first image data captured by a client device (paragraph [0025]: At operation 305, the interface engine 210 receives selection of an item. For example, the interface engine may generate a user interface showing several items as different options... At operation 315, the placement engine 215 displays the item over a live feed captured from a client device image sensor; paragraph [0027]: Item metadata includes one or more of the following: size and location of the item or model stored in relative scale... XYZ world space position for 3D placement of the item in the room);
generating third image data based on second metadata indicating a second image processing operation and the second image processing operation being performed on the first image data (paragraph [0025]: The live video feed is generated dynamically in that if the client device is rotated, the live feed views a different portion of the room, with the item viewable as an overlay over the different portion of the room; paragraph [0027]: Item metadata includes one or more of the following: size and location of the item or model stored in relative scale... XYZ world space position for 3D placement of the item in the room);
generating composite image data based on the second image data and the third image data (paragraph [0029]: At operation 340, the overlay engine uses the custom image package to generate a composite image that shows the item arranged over one or more frames of the live feed);
generating third metadata comprising information corresponding to the selected image processing operation, the second image processing operation, a first identifier associated with the first image data, the third metadata further comprising an identifier of at least one media overlay utilized with the selected image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data (paragraph [0027]: Item metadata includes one or more of the following: size and location of the item or model stored in relative scale... XYZ world space position for 3D placement of the item in the room, XY and depth order for 2D placement of a 2D image of the item in the room; paragraph [0029]: the unique identifier and the metadata describing how to arrange (e.g., size, rotate) the item is sent to the item overlay system 150. The item display engine 270 can then identify the item, identify a 3D model of the item, and manipulate (e.g., rotate, resize) the 3D model per the metadata).
Shaviv discloses all the features with respect to claim 11 as outlined above. However, Shaviv fails to disclose sending a message comprising the metadata, and the image data.
Leydon discloses sending a message comprising the metadata, and the image data (paragraph [0183]: The message 1225 can further include metadata 1227 indicating frame size, quality, encoding, or other information about the video frame; paragraph [0174]: The video component 910 may instruct the MX node to transmit messages that include frames or portions of frames that match the desired resolution).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv’s to generate message for image data as taught by Leydon, to communicate image message efficiently.
Regarding claim 15, Shaviv as modified by Leydon discloses the system of claim 11, wherein the selected image processing operation is selected via a display of the client device using a touch input (Shaviv’s paragraph [0025]: At operation 305, the interface engine 210 receives selection of an item; paragraph [0017]: the client device 110 comprises one or more of a touch screen).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv’s to generate message for image data as taught by Leydon, to communicate image message efficiently.
Claim 1 recites the functions of the apparatus recited in claim 11 as method steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 11 applies to the method steps of claim 1.
Claim 5 recites the functions of the apparatus recited in claim 15 as method steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 15 applies to the method steps of claim 5.
Claim 20 recites the functions of the apparatus recited in claim 11 as medium steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 11 applies to the medium steps of claim 20.
Claim 4, 6-9, 14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shaviv U.S. Patent Application 20180211444 in view of Leydon U.S. Patent Application 20190332522, and further in view of Smith U.S. Patent Application 20170032577.
Regarding claim 4, Shaviv as modified by Leydon discloses receiving sensor data indicating an orientation of the client device corresponding to the first image data (Leydon’s paragraph [0202]: The frame of live video may include metadata... the metadata may indicate the height and width of the frame in pixels (e.g., the resolution of the frame), the color scheme of the frame, the orientation of the frame), and storing, in the message, the second image data separately from the first image data (Leydon’s paragraph [0066]: the streamlet 4101 is the last one (at the moment) of a sequence of streamlets of the channel stream 430 storing messages of the channel foo; see fig. 4A data can be stored in sequence of streamlets). However, Shaviv as modified by Leydon fails to disclose generating second image data is further based on the orientation, and the first image data includes at least one representation of an original facial feature of a person, the second image data is different than the first image data, the second image data comprises a modified facial feature of the original facial feature based at least in part on the selected image processing operation.
Smith discloses generating second image data is further based on the orientation (paragraph [0036]: At step 511, from among the stored images for the virtual object, the system determines an image to apply to the video frame based on one of the user's angles of rotation; paragraph [0039]: At step 519, the modified image of a particular rotation is applied to the frame based on position values); and
the first image data includes at least one representation of an original facial feature of a person, the second image data is different than the first image data, the second image data comprises a modified facial feature of the original facial feature based at least in part on the selected image processing operation (paragraph [0034]: At step 501, the system receives a stream of video frames from a visual data capture device; see fig. 10 1001; paragraph [0048]: The system receives a command from user to change the color of a user feature. As illustrated in FIG. 10, the system applied four hair colors, and is showing a side-by-side comparison of each of the four applied hair colors. Other features whose color may be changed include facial features such as lip color and eye color).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv and Leydon’s to generate image based on orientation as taught by Smith, to manipulate captured visual data efficiently.
Regarding claim 6, Shaviv as modified by Leydon and Smith discloses the method of claim 1, wherein the selected image processing operation corresponds to a media overlay operation that belongs to a particular group of media overlay operations based on a category associated with the media overlay operations (Smith’s paragraph [0036]: At step 511, from among the stored images for the virtual object, the system determines an image to apply (overlay) to the video frame based on one of the user's angles of rotation… in FIG. 6, an image of a virtual headband at a first rotation 601 is used as the user's head is turned to the right in a first frame; paragraph [0039]: At step 519, the modified image of a particular rotation is applied to the frame based on position values; Leydon’s paragraph [0189]: the GUI 1300 may include various other GUI elements such as text fields, search bars, buttons, radio buttons, toggle buttons, menus, overlays, drop down menus, links).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv and Leydon’s to generate image based on orientation as taught by Smith, to manipulate captured visual data efficiently.
Regarding claim 7, S Shaviv as modified by Leydon and Smith discloses the method of claim 1, further comprising: rendering, for display by the client device, the second image data comprising a first image corresponding to the first image data modified by the selected image processing operation (Smith’s paragraph [0036]: At step 511, from among the stored images for the virtual object, the system determines an image to apply (overlay) to the video frame based on one of the user's angles of rotation… in FIG. 6, an image of a virtual headband at a first rotation 601 is used as the user's head is turned to the right in a first frame; paragraph [0039]: At step 519, the modified image of a particular rotation is applied to the frame based on position values; paragraph [0022]: capture and process the necessary visual data to render virtual reflection 140 on visual display 120).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv and Leydon’s to generate image based on orientation as taught by Smith, to manipulate captured visual data efficiently.
Regarding claim 8, Shaviv as modified by Leydon and Smith discloses the method of claim 1, wherein the first image data includes a representation of an environment (Leydon’s paragraph [0189]: video canvas 1304 displays the currently selected live data stream from a plurality of available live video feeds 1302; see Fig. 13; Smith’s paragraph [0047]: the system may mask out the background in each frame of the stream of frames around the user and replace it with another background to make it appear that the user is in a different environment and location).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv and Leydon’s to generate image based on orientation as taught by Smith, to manipulate captured visual data efficiently.
Regarding claim 9, Shaviv as modified by Leydon and Smith discloses the method of claim 8, wherein generating second image data further includes:
performing a tracking process based on the first image data, wherein the tracking process comprises: tracking a surface recognized in the representation of the environment, tracking a face recognized in the representation of the environment, or tracking an object using a machine learning model (Leydon’s paragraph [0180]: the data analyzer 1130 may apply one or more machine learning models to the data 1112 and/or data 1113 to identify one or more objects (e.g., elements, characteristics, features, etc.); paragraph [0188]: The query service 1250 may then track an object between different video frames in a video stream. The query service 1250 then can provide a response that indicates the tracking data associated with the object; paragraph [0121]: to track location data for an object; paragraph [0181]: Microservices may perform any number of operations on data streams, including but not limited to: object detection, object tracking, region selection, face detection, face counting; Smith’s paragraph [0039]: At step 519, the modified image of a particular rotation is applied to the frame based on position values).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Shaviv and Leydon’s to generate image based on orientation as taught by Smith, to manipulate captured visual data efficiently.
Claim 14 recites the functions of the method recited in claim 4 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the method in claim 4 applies to the apparatus steps of claim 14.
Claim 16 recites the functions of the method recited in claim 6 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the method in claim 6 applies to the apparatus steps of claim 16.
Claim 17 recites the functions of the method recited in claim 7 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the method in claim 7 applies to the apparatus steps of claim 17.
Claim 18 recites the functions of the method recited in claim 8 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the method in claim 8 applies to the apparatus steps of claim 18.
Claim 19 recites the functions of the method recited in claim 9 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the method in claim 9 applies to the apparatus steps of claim 19.
Allowable Subject Matter
Claim 2-3, 10 and 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims if double patenting rejection can be overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 and 12 are about retrieving the first image data; generating the second metadata comprising information corresponding to the selected image processing operation, a first identifier associated with the first image data, and a second identifier associated with the second image data, the second metadata further comprising an identifier of at least one media overlay utilized with the selected image processing operation and media overlay metadata, the media overlay metadata including information regarding the at least one media overlay that is applied to the first image data, wherein the second metadata further comprises gesture information indicating a tap count indicating a number of touch inputs received; and generating the message comprising the second metadata, the second image data, and the first image data, wherein the second image data comprises modified image data after the at least one media overlay is utilized with the selected image processing operation on the first image data, the first image data comprises unmodified image data prior to the modified image data from the second image data, and wherein the second metadata further comprises a media overlay name, a media overlay type, a media overlay index, a number of media overlays, a media overlay score, and a media overlay group.
Shaviv 20180211444, Leydon 20190332522 and Nilo 20180335922 combined cannot teach these features. These limitations when read in light of the rest of the limitations in the claim and the claims to which it depends make the claim allowable subject matter.
Claim 3 and 10 depend on claim 2, are allowed base on same reason as claim 2.
Claim 13 depends on claim 12, are allowed base on same reason as claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yi Yang whose telephone number is (571)272-9589. The examiner can normally be reached on Monday-Friday 9:00 AM-6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Hajnik can be reached on 571-272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YI YANG/
Examiner, Art Unit 2616
Prosecution Insights