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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “persuasive template”, “a persuasion threshold” and “persuasive phrases” in claims 11-12 are relative terms which renders the claims indefinite. The terms “persuasive template”, “persuasion threshold” and “persuasive phrases” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. See MPEP § 2173.05(d). See In re Wiggins, 488 F. 2d 538, 541, 179 USPQ 421, 423 (CCPA 1973). It is unclear as to what is the standard and what is considered persuasive in terms of a template and the selection of media content.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3.) Claim(s) 1-4, 8-9, 11-12, 15-17 and 19-20 is/are rejected under 35 U.S.C. 102 (a1) (a2) as being anticipated by Abe (US Pub No.: 2009/0322894A1).
In regard to Claim 1, Abe discloses a device (Camera 100, Abstract; Paragraph 0022; Figures 1 and 6), comprising:
one or more processors (CPU, Paragraph 0025);
a memory (Memory, Paragraphs 0025-0026); and
one or more programs stored in the memory, which, when executed by the one or more processors (The computer 402 reads out the program using the hard disk 403, and transmits the program to the personal computer 400 via the communication circuit 401. In other words, the program is embodied as a data signal upon a carrier wave, and is transmitted via the communication circuit 401, Paragraph 0105), cause the device to:
obtain a request to generate a new media content item based on a plurality of existing media content items associated with a user of the device, wherein the request is associated with a template (A plurality of images are prepared of the photographic subject that is to be the object of tracking, photographed at different time instants, and these images are used as the template images, Paragraph 0049; Figures 6-7. A rectangular frame 201 including the face of the person who is to be the subject of tracking is set within an image 2a for template extraction, and this is taken as being one of the template images 201. Furthermore, a rectangular frame 201 including the face of the person who is to be the subject of tracking is set within an image 2a for template extraction that has been photographed at a different time, and this is also taken as being one of the template images 201. In this manner, by acquiring a plurality of images 2a for template extraction that have been photographed at different times, and by extracting a template image 201 from each of these images 2a for template extraction, it is possible to prepare a plurality of template images 201, each of which has been photographed at a different time. In a similar manner, a plurality of template images (i.e. template images for updating) that have been photographed at different times are prepared as the template images 202 and 203 as well. The template matching module 104a specifies the position of the photographic subject to be tracked within the target image 7a, in other words the photographic subject position, on the basis of the two matching regions that have been employed as the photographic subject position specification regions. And the photographic subject tracking module 104b tracks the photographic subject to be tracked within the moving image data inputted from the image sensor 103, by tracking this photographic subject position that has been specified by the template matching module 104a between frames, Paragraphs 0049-0058, 0066-0069; Figures 6-7);
select, based on the template, a subset of the plurality of existing media content items (initial, old, current and new template images) (Respective "INITIAL", "OLD", "CURRENT", and "NEW" template images are prepared for the plurality of template images 202 and the plurality of template images 203. It should be understood that "INITIAL", "OLD", "CURRENT", and "NEW" are titles that are attributed for the purposes of convenience for making clear the subjects of performing updating in template updating processing by the template updating module 104c, as will be described hereinafter, and are not to be considered as necessarily being limitative of the titles of these template images. When tracking the movement of a person within the target image 7a between frames, the user prepares in advance four images 2a for template extraction in which the person who is to be the photographic subject has been photographed at different time instants, and, using these, template images 201a through 201d that have been photographed at different time instants are prepared. At this time, among these template images 201a through 201d, that template image 201a that was photographed at the earliest time instant is set as "INITIAL", the template image 201b that was photographed at the next earliest time instant after that is set as "OLD", the template image 201c that was photographed at the next earliest time instant after that is set as "CURRENT", and the template image 201d that was photographed at the latest time instant is set as "NEW", Paragraphs 0051-0058; Figures 6-7); and
generate the new media content item by ordering the subset of the plurality of existing media content items in a sequence that satisfies the template (The accuracy of the template matching is enhanced by sequentially updating the template images according to the movement of the photographic subject, so that it becomes possible to perform object tracking at high accuracy. When the input of moving image data from the image sensor 103 is started, the template matching module 104a takes the image of each frame as a target image 7a, and performs matching processing between this target image 7a and the template images 201 through 203. At this time, as shown in FIG. 7, the template matching module 104a performs matching processing between a target region 7b that has been set within the target image 7a, and the four template images "INITIAL" 201a, "OLD" 201b, "CURRENT" 201c, and "NEW" 201d. The template updating module 104c updates the template images in the following manner. That is, the template image that up until now was set to "NEW" 201d is set to "CURRENT" 201c, and the template image that up until now was set to "CURRENT" 201c is set to "OLD" 201b. Due to this, the selected template image is set to "CURRENT" 201c, and the "CURRENT" 201c one generation before can be set to "OLD" 201b. Moreover, the template updating module 104c takes in the image in the matching region that has been selected as the result of matching the template images 201, and newly sets it to "NEW" 201d, Paragraphs 0047-0064, 0084-0085; Figures 6-8).
Regarding Claim 2, Abe discloses the device of claim 1, wherein the one or more programs, when executed by the one or more processors, further cause the device to receive a selection of the template from a plurality of templates (As shown in FIG. 7, when tracking the movement of a person within the target image 7a between frames, the user prepares in advance four images 2a for template extraction in which the person who is to be the photographic subject has been photographed at different time instants, and, using these, template images 201a through 201d that have been photographed at different time instants are prepared, Paragraphs 0057-0058; Figures 6-8).
With regard to Claim 3, Abe discloses the device of claim 1, wherein the one or more programs, when executed by the one or more processors, further cause the device to: generate respective suitability scores (such as old, current, new) for a plurality of plot templates based on the plurality of the existing media content items; and select the template from the plurality of templates based on the respective suitability scores (As shown in FIG. 7, when tracking the movement of a person within the target image 7a between frames, the user prepares in advance four images 2a for template extraction in which the person who is to be the photographic subject has been photographed at different time instants, and, using these, template images 201a through 201d that have been photographed at different time instants are prepared. At this time, among these template images 201a through 201d, that template image 201a that was photographed at the earliest time instant is set as "INITIAL", the template image 201b that was photographed at the next earliest time instant after that is set as "OLD", the template image 201c that was photographed at the next earliest time instant after that is set as "CURRENT", and the template image 201d that was photographed at the latest time instant is set as "NEW". The template matching module 104a executes this template matching processing over the entire target image 7a, and, as a result, extracts within the target image 7a the target region whose similarity with "INITIAL" 201a is the highest, the target region whose similarity with "OLD" 201b is the highest, the target region whose similarity with "CURRENT" 201c is the highest, and the target region whose similarity with "NEW" 201d is the highest. And, as the result of matching, the template matching module 104a selects the group among these of that template image and that target region whose similarity is the highest, and takes the template image that has thus been selected as being the selected template image, and the target region that has been selected as being the matching region. The template updating module 104c updates at least one of the template images "OLD", "CURRENT", and "NEW" on the basis of the template matching processing by the template matching module 104a, Paragraphs 0067-0093; Figures 6-8).
Regarding Claim 4, Abe discloses the device of claim 1, wherein generating the new media content item comprises generating a video portion (moving image data) of the new media content item by selecting a subset of existing images or videos that satisfy the template (When the input of moving image data from the image sensor 103 is started, the template matching module 104a takes the image of each frame as a target image 7a, and performs matching processing between this target image 7a and the template images 201 through 203. At this time, as shown in FIG. 7, the template matching module 104a performs matching processing between a target region 7b that has been set within the target image 7a, and the four template images "INITIAL" 201a, "OLD" 201b, "CURRENT" 201c, and "NEW" 201d.The photographic subject tracking module 104b tracks the photographic subject to be tracked within the moving image data inputted from the image sensor 103, by tracking this photographic subject position that has been specified by the template matching module 104a between frames, Paragraphs 0062-0066; Figures 6-8).
In regard to Claim 8, Abe discloses the device of claim 1, wherein the template is a poetic template that is associated with a type of facial expression, and wherein selecting the subset of the plurality of existing media content items includes selecting images or videos in which a facial expression of the user of the device matches the type of facial expression associated with the template (A plurality of template images are used for tracking a single photographic subject. This plurality of template images is prepared in advance by extracting them from among an image photographed by the user that includes the photographic subject that is to be taken as the tracking subject. For example, if the movement of the face of a person within the target image is to be tracked between frames, then, as shown in FIG. 2, the user photographs in advance an image 2a for template extraction that includes, as the photographic subject, the face of the person who is to be taken as being the subject of tracking, Paragraphs 0030-0031; Figure 2).
With regard to Claim 9, Abe discloses the device of claim 1, wherein the template is an expository template that is associated with an information threshold (template matching module), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that satisfy the information threshold (The template matching module 104a performs matching calculation between a plurality of template images that constitute references for template matching processing, and each frame of image data (i.e. each target image) inputted from the image sensor 103 in time series. The template matching module 104a sets a rectangular frame upon the target image as a target region for performing matching with the template image, and, while shifting the position of this target region over the target image by a certain amount at a time, for example by one pixel at a time, calculates the similarity between the image in the target region and the template image at each position. And the template matching module 104a extracts, as the result of matching, the region (the matching region) for which the result of executing this template matching processing over the entire target image is that the similarity with the template image within the target image is the highest. And, on the basis of this matching result, the position of the photographic subject within the target image (i.e. the photographic subject position) is specified, Paragraphs 0027-0029; Figures 6-8).
In regard to Claim 11, Abe discloses the device of claim 1, wherein the template is a persuasive template that is associated with a persuasion threshold (viewed as threshold to track and match changing of shapes of a subject in succession), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that satisfy the persuasion threshold (thresholds of old, current and new) (The template updating module 104c updates the template images in the following manner. That is, the template image that up until now was set to "NEW" 201d is set to "CURRENT" 201c, and the template image that up until now was set to "CURRENT" 201c is set to "OLD" 201b. Due to this, the selected template image is set to "CURRENT" 201c, and the "CURRENT" 201c one generation before can be set to "OLD" 201b. Moreover, the template updating module 104c takes in the image in the matching region that has been selected as the result of matching the template images 201, and newly sets it to "NEW" 201d. By updating the template images in this manner, it is possible to perform template matching processing at high accuracy, corresponding to change in the shape of the photographic subject according to movement of the photographic subject. Moreover, since it is arranged to perform updating of the template images, only if for a predetermined number of times in succession "INITIAL" 201a, "OLD" 201b, or "NEW" 201d has been selected as the selected template image, and moreover the average of similarity during this situation is greater than or equal to some predetermined similarity, accordingly it is possible to perform the template matching processing in a stabilized manner while keeping the frequency at which the template images are updated low, as compared to prior art techniques for performing updating of the template images frame by frame, Paragraphs 0081-0086; Figures 6-8).
With regard to Claim 12, Abe discloses the device of claim 11, wherein the one or more programs, when executed by the one or more processors, further cause the device to determine that a particular existing media content item satisfies the persuasion threshold when the particular existing media content item or a user-curated note associated with that particular existing media content item uses phrases that match a set of one or more persuasive phrases (phrases of old, current and new) (The template updating module 104c updates the template images in the following manner. That is, the template image that up until now was set to "NEW" 201d is set to "CURRENT" 201c, and the template image that up until now was set to "CURRENT" 201c is set to "OLD" 201b. Due to this, the selected template image is set to "CURRENT" 201c, and the "CURRENT" 201c one generation before can be set to "OLD" 201b. Moreover, the template updating module 104c takes in the image in the matching region that has been selected as the result of matching the template images 201, and newly sets it to "NEW" 201d. By updating the template images in this manner, it is possible to perform template matching processing at high accuracy, corresponding to change in the shape of the photographic subject according to movement of the photographic subject. Moreover, since it is arranged to perform updating of the template images, only if for a predetermined number of times in succession "INITIAL" 201a, "OLD" 201b, or "NEW" 201d has been selected as the selected template image, and moreover the average of similarity during this situation is greater than or equal to some predetermined similarity, accordingly it is possible to perform the template matching processing in a stabilized manner while keeping the frequency at which the template images are updated low, as compared to prior art techniques for performing updating of the template images frame by frame, Paragraphs 0081-0086; Figures 6-8).
In regard to Claim 15, Abe discloses the device of claim 1, wherein the request is associated with a time period (time period of succession), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that correspond to the time period (When performing the updating of the template images, it is arranged to perform updating of the template images only if "INITIAL", "OLD", or "NEW" has been selected as the selected template image for a predetermined number of times or more in succession, and moreover if the average of similarity during this situation is greater than or equal to a predetermined similarity, Paragraphs 0081-0092; Figures 6-8).
Regarding Claim 16, Abe discloses the device of claim 1, wherein the request is associated with a particular subject (target image), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that relate to that particular subject (When the input of moving image data from the image sensor 103 is started, the template matching module 104a takes the image of each frame as a target image 7a, and performs matching processing between this target image 7a and the template images 201 through 203. At this time, as shown in FIG. 7, the template matching module 104a performs matching processing between a target region 7b that has been set within the target image 7a, and the four template images "INITIAL" 201a, "OLD" 201b, "CURRENT" 201c, and "NEW" 201d, Paragraph 0062; Figures 6-8).
In regard to Claim 17, Abe discloses the device of claim 1, wherein the existing media content items include videos or photos (When the input of moving image data from the image sensor 103 is started, the template matching module 104a takes the image of each frame as a target image 7a, and performs matching processing between this target image 7a and the template images 201 through 203. At this time, as shown in FIG. 7, the template matching module 104a performs matching processing between a target region 7b that has been set within the target image 7a, and the four template images "INITIAL" 201a, "OLD" 201b, "CURRENT" 201c, and "NEW" 201d, Paragraph 0062; Figures 6-8).
Computer program storing Claim 19 and method Claim 20 correspond to device claim 1 and are rejected as discussed in the above rejection to device claim 1 (See above rejection to device claim 1 and Paragraph 0105).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 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.
4.) Claim(s) 5-7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US Pub No.: 2009/0322894A1) as applied to claim 1 above, and further in view of Kang et al. (US Pub No.: 2019/0294652A1).
Regarding Claim 5, Abe does not explicitly disclose the device of claim 1, wherein generating the new media content item comprises generating an audio portion of the new media content item by selecting a subset of user-curated notes that satisfy the template and outputting audio corresponding to the subset of user-curated notes. Kang et al. teach of generating the new media content item comprises generating an audio portion of the new media content item by selecting a subset of user-curated notes that satisfy the template and outputting audio (music etc.) corresponding to the subset of user-curated notes,
(Kang et al. teach of a method and an apparatus for providing, by an electronic device, a note cover on the basis of a note object created by a user. According to various embodiments of the present invention, an electronic device may comprise: a display; a memory; and a processor electrically connected to the display and the memory, wherein the processor is configured to extract a set page in response to generation of a note, recognize at least one object in the extracted page, generate visual information for a cover image on the basis of the object, display a preview cover on the basis of the visual information, and generate a cover image on the basis of the preview cover and file information related to the note, Abstract of Kang et al..
Kang et al. teach that the electronic device 100 may generate a plurality of preview covers corresponding to a plurality of templates and set based on the last page of the note created by the user as shown in FIG. 3. When the note object is a video, the electronic device 100 may generate a preview cover based on at least one captured portion of the video. According to an embodiment, when the note object is music, the electronic device 100 may generate a preview cover based at least in part on an album cover of the music. The respective note files may be expressed by different cover images according to objects of the notes created by the user. For example, when the object is a text, contents of the texts displayed on the cover images (or forming the cover images) may be different. In addition, when the object is a content (for example, an image (a photo, an icon, etc.), a video, music, etc.), images (for example, photos, captured portions of video, album covers of music) displayed on the cover images (or forming the cover images) may be different, Paragraphs 0088, 0105, 0144-0146, 0149 of Kang et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the generation of the new media content items in the teachings of Abe to include generating an audio portion of the new media content item by selecting a subset of user-curated notes that satisfy the template and outputting audio (music etc.) corresponding to the subset of user-curated notes as taught by Kang et al., because it provides the benefit of adding an additional layer of description that helps a user easily recognize and relate to a new media content item).
In regard to Claim 6, Abe and Kang et al. disclose the device of claim 5, wherein a particular user-curated note in the subset of user-curated notes relates to a particular image in the subset of the plurality of existing media content items, and wherein audio corresponding to the particular user-curated note (music corresponding to the note) is set as an audio track of the new media content item while a video track of the new media content item corresponds to the particular image (Kang et al. teach that the main object may indicate an object of a specific form expressing or distinguishing a feature of the note, such as a handwriting-based figure, a specific content type (for example, an image, a video, music, or the like), a link (for example, URL). An importance of the main object may be set or changed variously by the user, Paragraph 0053 of Kang et al..
Kang et al. teach that the electronic device 100 may generate a plurality of preview covers corresponding to a plurality of templates and set based on the last page of the note created by the user as shown in FIG. 3. When the note object is a video, the electronic device 100 may generate a preview cover based on at least one captured portion of the video. According to an embodiment, when the note object is music, the electronic device 100 may generate a preview cover based at least in part on an album cover of the music. The respective note files may be expressed by different cover images according to objects of the notes created by the user. For example, when the object is a text, contents of the texts displayed on the cover images (or forming the cover images) may be different. In addition, when the object is a content (for example, an image (a photo, an icon, etc.), a video, music, etc.), images (for example, photos, captured portions of video, album covers of music) displayed on the cover images (or forming the cover images) may be different, Paragraphs 0088, 0105, 0144-0146, 0149 of Kang et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the teachings of Abe to include a particular user-curated note in the subset of user-curated notes that relates to a particular image in the subset of the plurality of existing media content items, and wherein audio corresponding to the particular user-curated note (music corresponding to the note) is set as an audio track of the new media content item while a video track of the new media content item corresponds to the particular image as taught by Kang et al., because it provides the benefit of adding an additional layer of description that helps a user easily recognize and relate to a new media content item).
With regard to Claim 7, Abe and Kang et al. disclose the device of claim 5, wherein the user-curated notes include voice memos, or typed notes or handwritten notes stored in a note-taking application (See note object 300, Paragraphs 0081-0083; Figure 3 of Kang et al.).
In regard to Claim 18, Abe does not explicitly disclose the device of claim 1, wherein the existing media content items include user-curated notes. Kang et al. teach of a device wherein existing media content items include user-curated notes, (Kang et al. teach of a method and an apparatus for providing, by an electronic device, a note cover on the basis of a note object created by a user. According to various embodiments of the present invention, an electronic device may comprise: a display; a memory; and a processor electrically connected to the display and the memory, wherein the processor is configured to extract a set page in response to generation of a note, recognize at least one object in the extracted page, generate visual information for a cover image on the basis of the object, display a preview cover on the basis of the visual information, and generate a cover image on the basis of the preview cover and file information related to the note, Abstract of Kang et al..
Kang et al. teach that the electronic device 100 may generate a plurality of preview covers corresponding to a plurality of templates and set based on the last page of the note created by the user as shown in FIG. 3. When the note object is a video, the electronic device 100 may generate a preview cover based on at least one captured portion of the video. According to an embodiment, when the note object is music, the electronic device 100 may generate a preview cover based at least in part on an album cover of the music. The respective note files may be expressed by different cover images according to objects of the notes created by the user. For example, when the object is a text, contents of the texts displayed on the cover images (or forming the cover images) may be different. In addition, when the object is a content (for example, an image (a photo, an icon, etc.), a video, music, etc.), images (for example, photos, captured portions of video, album covers of music) displayed on the cover images (or forming the cover images) may be different, Paragraphs 0088, 0105, 0144-0146, 0149 of Kang et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the generation of the new media content items in the teachings of Abe to include user-curated notes as taught by Kang et al., because it provides the benefit of adding an additional layer of description that helps a user easily recognize and relate to a new media content item).
5.) Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US Pub No.: 2009/0322894A1) as applied to claim 1 above, and further in view of Kumar et al. (US Pub No.: 2021/0216613A1).
Regarding Claim 13, Abe does not explicitly disclose the device of claim 1, wherein the template is a participatory template that includes a set of one or more questions, and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that provide answers to the set of one or more questions. Kumar et al. teach of a participatory template that includes a set of one or more questions, and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that provide answers to the set of one or more questions, (Kumar et al. teach of a system generates a validation tool in response to receiving an indication to initiate validation. The system identifies at least one media content item based on a user profile, and generates at least one question based on the at least one media content item. The at least one media content item may include an image, a video, text, or a combination thereof. The system determines at least one answer corresponding to the at least one question. The question and answer may be determined based on a question template. For example, the template may be selected based on attribute types or values of the at least one media content item. The system generates the at least one question for output on an output device. Upon receiving input indicative to an answer, the system compares the inputted answer to the determined answer to determine whether to validate the user, Abstract of Kumar et al.. Kumar et al. teach that question database 170 includes templates corresponding to multiple formats of questions that can be curated based on content. For example, illustrative templates include questions based on the sequence (e.g., which image or video was presented second), size (e.g., which was smallest or largest size), content (e.g., which content item included text, which content item includes a particular object, which content item includes a specific color), any other suitable criteria, or any combination thereof, Paragraph 0020 of Kumar et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the device in the teachings of Abe to incorporate a participatory template that includes a set of one or more questions, and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that provide answers to the set of one or more questions as taught by Kumar et al., because it is useful in performing security functions such as validating a user of the device, Paragraphs 0002-0004 of Kumar et al.).
In regard to Claim 14, Abe does not explicitly disclose the device of claim 1, wherein the template is a performatory template that is associated with a subject that satisfies a public awareness threshold, and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that relate to the subject. Kumar et al. teach of a performatory template (validation) that is associated with a subject that satisfies a public awareness threshold (satisfaction of a public profile), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that relate to the subject, (Kumar et al. teach of a system generates a validation tool in response to receiving an indication to initiate validation. The system identifies at least one media content item based on a user profile, and generates at least one question based on the at least one media content item. The at least one media content item may include an image, a video, text, or a combination thereof. The system determines at least one answer corresponding to the at least one question. The question and answer may be determined based on a question template. For example, the template may be selected based on attribute types or values of the at least one media content item. The system generates the at least one question for output on an output device. Upon receiving input indicative to an answer, the system compares the inputted answer to the determined answer to determine whether to validate the user, Abstract of Kumar et al.. Kumar et al. teach that a validation generator 120, manager 130, or both are configured to store an identifier corresponding to the at least one media content item in content database 150. In some embodiments, validation generator 120, manager 130, or both are configured to store one or more questions in question database 170, wherein the question is linked to the identifier in content database 150. For example, in some embodiments, question database 170 and content database 150 are combined. User profile database 160 is configured to store user profile information such as, for example, identification information, location information, search queries, search histories, content consumption history, device usage history, product usage history, product purchase history, demographic information, relationship information (e.g., to other entities based on family, work, school, social media network), any other suitable information, or any combination thereof. For example, a user profile may be associated with a device, an application implemented by a device, a user of a device, a person, a corporate entity, a network entity, any other suitable entity, or any combination thereof, Paragraphs 0018-0020 of Kumar et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the device in the teachings of Abe to incorporate a performatory template (validation) that is associated with a subject that satisfies a public awareness threshold (satisfaction of a public profile), and wherein selecting the subset of the plurality of existing media content items includes selecting existing media content items that relate to the subject as taught by Kumar et al., because it is useful in performing security functions such as validating a user of the device, Paragraphs 0002-0004 of Kumar et al.).
6.) Allowable Subject Matter
Claim 10 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRITHAM DAVID PRABHAKHER whose telephone number is (571)270-1128. The examiner can normally be reached Monday to Friday 8:00 am to 5:00 pm EST.
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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