Prosecution Insights
Last updated: August 17, 2026
Application No. 19/153,118

METHOD, APPARATUS AND ELECTRONIC DEVICE FOR GENERATING A VIDEO TEMPLATE

Non-Final OA §102§103
Filed
Aug 01, 2025
Priority
Feb 03, 2023 — CN 202310118673.6 +1 more
Examiner
EKPO, NNENNA NGOZI
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
Beijing Zitiao Network Technology Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
430 granted / 600 resolved
+13.7% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
21 currently pending
Career history
627
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 600 resolved cases

Office Action

§102 §103
CTNF 19/153,118 CTNF 83095 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of papers submitted under 35 U.S.C 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The references listed in the Information Disclosure Statement filed on August 01, 2025 and April 30, 2026 has been considered by the examiner (see attached PTO-1449 form). Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 2, 4-7, 9, 11, 13, 15-18, 20-22 are rejected under 35 U.S.C. 102( a1 ) as being anticipated by Cohen-Martin (U.S. Pub. No. 2015/0221000) . Regarding claim 1 , Cohen-Martin discloses a method for generating a video template (see paragraphs 0059, 0068, 0174; The system is based on a template which the advertiser can customize), comprising: obtaining a first-type material element (see paragraphs 0047, 0174, 0206 and fig. 5E; providing galleries of raw material content: video clips, music clips); complementing a second-type material element based on the first-type material element (see paragraphs 0202, 0217, 0067, 0233-0238; The advertiser can search the library to access a given template. He then customizes that template using an online mixer, by providing all the details, such as changing text, adding slogans, voice, music patterns, colors, background, images (i.e., images of the business or the business owner), the name of the business, address, logo, etc.); determining a target edit element based on the first-type material element and the second-type material element (see paragraphs 0281, 0245-0252, 0254, fig. 9b-fig. 11; Rules and heuristic methods may be applied to determine how to associate the dynamic input data with the placeholders in the template in the generation of one or more output video clips. animation effects to be used on dynamic objects, e.g., panning, zooming, etc. on a selected image); and generating a target video template based on the first-type material element, the second-type material element and the target edit element (see paragraphs 0242, 0121-0124, 0281; The template has a "placeholder" for insertion of dynamic personalized components, for example audio, text, images in the form of logo, telephone number, etc. Each instantiation over the Internet can even be targeted to each individual recipient by adding "Hello John Doe" to an ad directed at John Doe and "Hello Jane Doe" to an ad directed at Jane Doe, etc.). Regarding claim 11 , claim 11 is rejected for the same reason set forth in the rejection of claim 1. Regarding claim 21 , claim 21 is rejected for the same reason set forth in the rejection of claim 1. Regarding claims 2, 13 and 22 , Cohen-Martin discloses everything claimed as applied above ( see claims 1, 11 and 21 ). Cohen-Martin discloses wherein the first-type material element and the second-type material element comprise at least one of: an image material (see paragraph 0047, fig. 9; providing galleries of raw material content: video clips, music clips, narration, audio or video effects and pictures that can be searched for content by the advertisers), an audio material (see paragraphs 0202, 0254, 0180-0185, fig. 4f), or a reference video template (see abstract, paragraphs 0059, 0206); the target edit element comprises at least one of: a transition (see fig. 9b (“effect: zoom out”), fig. 9a (edit storyboard: start/end time) and paragraph 0281), an animation (see paragraph 0281), an effect (see paragraphs 0047, fig. 9b (“effect: zoom out”)), a sticker, a font (see paragraph 0067, fig. 10), or a filter. Regarding claims 4 and 15 , Cohen-Martin discloses everything claimed as applied above ( see claims 2 and 13 ). Cohen-Martin discloses the determining a target edit element based on the first-type material element and the second-type material element comprises: obtaining a reference sequence based on an edit element and a clipping structure of the reference video template; and inputting the image material, the audio material, and the reference sequence into a multimodal model to obtain a target edit element sequence (see paragraphs 0047, 0174, 0067, 0242, 0233-0238, 0281, fig. 9b, fig. 10). Regarding claims 5 and 16 , Cohen-Martin discloses everything claimed as applied above ( see claims 2 and 13 ). Cohen-Martin discloses the generating a target video template based on the first-type material element, the second-type material element and the target edit element comprises: replacing a reference material element in the reference video template with a further material element, other than the reference video template, from the first-type material element and the second-type material element, and replacing a reference edit element in the reference video template with the target edit element to obtain the target video template (see abstract, paragraphs 0174, 0206, fig. 5e). Regarding claims 6 and 17 , Cohen-Martin discloses everything claimed as applied above ( see claims 1 and 11 ). Cohen-Martin discloses the generating a target video template based on the first-type material element, the second-type material element and the target edit element comprises: determining target spatio-temporal layout information of the target edit element in the first- type material element and/or the second-type material element, wherein the target spatio-temporal layout information comprises target temporal layout information and/or target spatial layout information; and associating presentation timing and/or a presentation position of the target edit element with the first-type material element and/or the second-type material element based on the spatio- temporal layout information, to obtain the target video template (see paragraphs 0067, 0121-0124, 0174, 0281, fig. 9a-9b, fig. 10). Regarding claims 7 and 18 , Cohen-Martin discloses everything claimed as applied above ( see claims 1 and 11 ). Cohen-Martin discloses the generating a target video template based on the first-type material element, the second-type material element and the target edit element comprises: detecting a climactic fragment of an audio material; segmenting the climactic fragment based on lyric information and/or beat information to obtain a fragment node; and performing beat-matching between the climactic fragment segmented and a sequence of the target image material, wherein the beat-matching associates the fragment node with a predetermined position in the sequence of the target image material in terms of a playback time (see paragraph 0047, 0281, figs. 9a, 9b, 10, 11). Regarding claims 9 and 20 , Cohen-Martin discloses everything claimed as applied above ( see claims 1 and 11 ). Cohen-Martin discloses in response to a video generation instruction comprising a target video template identification, obtaining an original material, reading the target video template, and generating a video based on the target video template (see paragraphs 0170, 0172, 0174, figs. 4a-4f) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-22-aia AIA Claim s 3, 8, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cohen-Martin as applied to claim s 2 and 13 above, and further in view of Omar et al. (U.S. Patent No. 12,651,457) . Regarding claims 3 and 14 , Cohen-Martin discloses everything claimed as applied above ( see claims 2 and 13 ). However, Cohen-Martin are silent as to in accordance with a determination that the complementing a second-type material element based on the first-type material element comprises complementing an image material based on an audio material, inputting the audio material and a number of image materials into an audio-image matching model, to output an image set, in an image material library, matching the number of image materials. Omar et al. discloses in accordance with a determination that the complementing a second-type material element based on the first-type material element comprises complementing an image material based on an audio material, inputting the audio material and a number of image materials into an audio-image matching model, to output an image set, in an image material library, matching the number of image materials (see col. 3, lines 19-40). It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify the system of Cohen-Martin with the teachings of Omar et al., the motivation being to ensure the visuals/video match the audio. Regarding claims 8 and 19 , Cohen-Martin and Omar et al. discloses everything claimed as applied above ( see claims 3 and 14 ). Omar et al. discloses a step of establishing the audio- image matching model, wherein the establishing the audio-image matching model comprises: obtaining an existing video template from an existing video template library, and determining an audio in the existing video template as an audio sample, and determining an image in the existing video template as an image sample, wherein the audio sample and the image sample belonging to a same existing video template are matched with each other (see col. 3, lines 19-40); extracting an audio feature of the audio sample and extracting an image feature of the image sample with an initial model, wherein a matching degree label between the audio sample and the image sample indicates a matching degree between the audio sample and the image sample (see col. 3, lines 19-40); and determining a matching degree between the audio feature and the image feature, and comparing the matching degree with a corresponding matching degree label, and modifying, as feedback, an extraction parameter used in the initial model for extracting the audio feature and the image feature, to obtain the audio-image matching model (see col. 3, lines 19-40). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NNENNA NGOZI EKPO whose telephone number is (571)270-1663. The examiner can normally be reached M-W 10:00am - 6:30pm, TH-F 8:00am - 4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. NNENNA EKPO Primary Examiner Art Unit 2425 /NNENNA N EKPO/Primary Examiner, Art Unit 2425 June 13, 2026. Application/Control Number: 19/153,118 Page 2 Art Unit: 2425 Application/Control Number: 19/153,118 Page 3 Art Unit: 2425 Application/Control Number: 19/153,118 Page 4 Art Unit: 2425 Application/Control Number: 19/153,118 Page 5 Art Unit: 2425 Application/Control Number: 19/153,118 Page 6 Art Unit: 2425 Application/Control Number: 19/153,118 Page 7 Art Unit: 2425 Application/Control Number: 19/153,118 Page 8 Art Unit: 2425 Application/Control Number: 19/153,118 Page 9 Art Unit: 2425 Application/Control Number: 19/153,118 Page 10 Art Unit: 2425
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Prosecution Timeline

Aug 01, 2025
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
92%
With Interview (+20.6%)
3y 2m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 600 resolved cases by this examiner. Grant probability derived from career allowance rate.

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