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 .
Election/Restrictions
Applicant's election with traverse of Species III, claims 21-40 in the reply filed on May 28, 2026 is acknowledged. The traversal is on the ground(s) that the Examiner would be required to conduct a search given the generic nature of independent claims 21, 34 and 36 broad enough to cover all three species regardless of the election, and the restriction therefore imposes no meaningful reduction in search burden. This is not found persuasive because the search of the three alternative modes of manipulation and their cropping parameters construction which explicitly includes position, dimensional parameters including size and zoom, and tilt is a “serious burden” on the Examiner. Additionally, the Requirement for Restriction/Election mailed April 01, 2026 states “Should applicant traverse on the ground that the species are not patentably
distinct, applicant should submit evidence or identify such evidence now of record
showing the species to be obvious variants or clearly admit on the record that this is the
case. In either instance, if the examiner finds one of the inventions unpatentable over
the prior art, the evidence or admission may be used in a rejection under 35
U.S.C. 103(a) of the other invention”.
The requirement is still deemed proper and is therefore made FINAL.
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 21-22, 34-37 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 14-19 of U.S. Patent No. 12,301,924 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-22, 34-37 and 40 of this application are broader and encompass claims 1-2 and 14-19 of U.S. Patent No. 12,301,924 B2.
Regarding claim 21 of this application, claim 1 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 21. It is noted that claim 21 of this application is broader and encompasses claim 1 of U.S. Patent No. 12,301,924 B2.
Regarding claim 22 of this application, claim 2 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 22.
Regarding claim 34 of this application, claim 14 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 34. It is noted that claim 34 of this application is broader and encompasses claim 14 of U.S. Patent No. 12,301,924 B2.
Regarding claim 35 of this application, claim 15 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 35.
Regarding claim 36 of this application, claim 17 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 36. It is noted that claim 36 of this application is broader and encompasses claim 17 of U.S. Patent No. 12,301,924 B2.
Regarding claim 37 of this application, claim 18 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 37.
Regarding claim 40 of this application, claim 19 of U.S. Patent No. 12,301,924 B2 recites all the claimed limitations of claim 40.
Claim Rejections - 35 USC § 102
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.
Claims 21-24, 28-29 and 32-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Yang et al. (US 2016/0381306 A1).
In considering claim 21, Yang et al. discloses all the claimed subject matter, note 1) the claimed retrieving a video and displaying it on a playback device screen; displaying the video is met by the device 102 may receive (120) video data (Fig. 1, page 1, paragraph #0021-#0023 and paragraph #0031), 2) the claimed simultaneously with the video playback, manipulating, responsive to a first manual user input, at least one of: the cropping window with respect to the video image, the video image with respect to the cropping window, or both the cropping window and the video image is met by the video editing process for cropping window, zoom and tilt the video (Figs. 1 and 3-5, page 4, paragraph #0041 to page 5, paragraph 0052), 3) the claimed wherein the manipulation changes cropping parameters comprising at least one of: position, one or more dimensional parameters including size and zoom, and tilt, resulting in a plurality of the cropping parameters in relation to the video's temporal or frame-based positions is met by the step 124 which determines the first content point, which may be associated with a time (e.g., image frame) and location within the video data 108 (Fig. 1, page 2, paragraph #0024-#0025), 4) the claimed recording the cropping parameters as defined through user input in relation to the video's temporal or frame-based positions is met by the device 102 may output the frame windows to the server 112 to perform video summarization on the input video data (Fig. 1, page 2, paragraph #0030 to #0031), and 5) the claimed newly creating a separate video from images of the retrieved video that are cropped using recorded cropping parameters relating to temporal or frame-based positions of the images is met by the device 102 may receive the feedback from the user and may generate additional or different output video data based on the user input (Fig. 1, page 2, paragraph #0030 to page 3, paragraph #0034).
In considering claim 22, the claimed further comprising: setting a playback speed for playing the video is met by the user may instruct the device 102 to increase or decrease a panning speed, increase or decrease an amount of zoom or the like (Fig. 1, page 3, paragraph #0031).
In considering claim 23, the claimed further comprising: setting a temporal or frame-based position on the video, at which position the playing of the video and simultaneous manipulation of the cropping window, the video image, or both, will be initiated is met by the step 124 which determines the first content point, which may be associated with a time (e.g., image frame) and location within the video data 108 (Fig. 1, page 2, paragraph #0024-#0025).
In considering claim 24, the claimed further comprising: initializing the cropping parameters by manipulating, responsive to a second manual user input, either the cropping window in relation to the video, the video image in relation to the cropping window, or both, simultaneously, prior to the playing of the video is met by the device 102 may display the output video data for additional video editing process for cropping window, zoom and tilt the video (Figs. 1 and 3-5, page 2, paragraph #0030 to #0031 and page 4, paragraph #0041 to page 5, paragraph 0052).
In considering claim 28, the claimed further comprising: modifying the user input in a desirable way, the modification taking place at a level of an input device or at a level of the recorded cropping parameters is met by the device 102 may display the output video data for additional video editing process for cropping window, zoom and tilt the video (Figs. 1 and 3-5, page 2, paragraph #0030 to #0031 and page 4, paragraph #0041 to page 5, paragraph 0052).
In considering claim 29, the claimed wherein the modification is such that the user input or the recorded cropping parameters are made smoother is met by the device 102 may display the output video data for additional video editing process for cropping window, zoom and tilt the video therefore include smooth transitions between context points (Figs. 1 and 3-5, page 2, paragraph #0030 to #0032 and page 4, paragraph #0041 to page 5, paragraph 0052).
In considering claim 32, the claimed further comprising: utilizing parallel processing capabilities of hardware when performing the process of newly creating the separate video is met by the device 102 may receive the feedback from the user and may generate additional or different output video data based on the user input (Fig. 1, page 2, paragraph #0030 to page 3, paragraph #0034).
In considering claim 33, the claimed further comprising: distributing processing tasks between a local device and one or more remote computing resources when performing the process of newly creating the separate video is met by the device 102 may receive the feedback from the user and may generate additional or different output video data based on the user input and the server 112 (Figs. 15A-15B and 16, page 12, paragraph #0092 to paragraph #0099).
Claims 34-35 are rejected for the same reason as discussed in claims 21-22, respectively.
Claim 36 is rejected for the same reason as discussed in claim 21 above and further the claimed a user interface having a screen for retrieving a video and displaying it on a playback device is met by the device 102 may display the output video data and may request input from a user of the device 102 (Fig. 1, page 3, paragraph #0031).
Claim 37 is rejected for the same reason as discussed in claim 22 above.
Claims 38-39 are rejected for the same reason as discussed in claims 23-24, respectively.
In considering claim 40, the claimed wherein the user interface comprises at least one input device selected from touchscreen, graphics tablet, touchpad, mouse, trackball, and keyboard is met by the smartphone 102b or tablet computer 102d (Fig. 15A, page 12, paragraph #0094 - #0095).
Allowable Subject Matter
Claims 25-27 and 30-31 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maliuk et al. (US 2017/0163929 A1) discloses video stream encoding system with live crop editing and recording.
VOSS (US 2015/0348588 A1) discloses method and apparatus for video segment cropping.
Muller et al. (US Patent No. 11,595,741 B2) discloses camera and method for detecting image data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRANG U TRAN whose telephone number is (571)272-7358. The examiner can normally be reached M-F 10:00AM- 6:00PM.
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, JOHN W. MILLER can be reached on 571-272-7353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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August 20, 2026
/TRANG U TRAN/Primary Examiner, Art Unit 2422
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