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.
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Claims 1, 2, 15, 16, 18, 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1+3, 1, 18+20, 18, 21+23, 21, respectively of copending Application No. 18/,569,678 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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, 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(s) 1, 3-6, 9, 14, 15, 17, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over YANG LIN (CN112347395B, Machine English translation), in view of Feke et al (US 2010/0218140).
Regarding claims 1, 15, 18, Yang Lin, figs. 2-5, an image display method, comprising: obtaining interface information corresponding to an interface, the interface comprising an image, and the interface information comprising at least one of interface attribute information, or interface display state information (The operable user is determined as the target object for the trigger operation. For example, in a one-to-one chat scenario, if user A triggers the preset identifier, user B becomes an operable user and only user B is an operable user. At this time, user B is the target object. If the data of the operable user is not single, then the selection operation of the operable user is received, and the selected operable user is determined as the target object for the trigger operation. For example, in more than two chat scenes, if user A triggers the preset flag, the information of other users except user A will be displayed, and the other users are operable users. It is visible. At this time, operable More than one user. User A can select a user from multiple other users, and the selected user is the target object); determining, according to the interface information, a display mode for the image, the display mode being at least one of a dynamic display mode or a static display mode; and displaying, in the display mode, an image resource corresponding to the image on the interface (Optionally, the first determining module 402 includes: a comment mode module 4022, configured to receive a user's triggering operation on a preset identifier in at least one comment area displayed on the page; and the comment where the preset identifier to be triggered is located The user corresponding to the area is determined as the target object for the trigger operation. Optionally, the first determining module 402 includes: an instant messaging mode module 4024, configured to receive a user's triggering operation on a preset identifier in the instant messaging interface displayed on the page; and determine the operable in the instant messaging interface Whether the number of users is single; if so, determine the operable user as the target object for the trigger operation. Optionally, the instant communication mode module 4024 is further configured to, if the operable user’s data is not single, receive a selection operation of the operable user, and determine the selected operable user as the The target object for the trigger action. Optionally, the first determining module 402 includes: a social mode module 4026, configured to receive a user's triggering operation on the preset logo in the community interaction area displayed on the page; the community interaction where the triggered preset logo is located The user corresponding to the area is determined as the target object for the trigger operation. Optionally, the first determining module 402 includes: a multimedia mode module 4028, configured to receive a user's trigger operation on the preset identifier displayed in the multimedia display page; and determine the user corresponding to the currently played multimedia content as the trigger The target object of the operation. Step S208: Display the dynamic special effect corresponding to the preset identifier according to the first special effect display path. In a feasible manner, the first dynamic special effect corresponding to the preset mark may be displayed along the first special effect display path, and the second dynamic special effect corresponding to the preset mark may be displayed at the target position to further enrich The display form of special effects enhances the interactive interest. The second dynamic special effect may include image special effects and/or text special effects. For example, when an egg image expressing an objection is triggered, the effect of throwing the egg along a parabola toward the avatar of user A is formed. When the egg image reaches the position of the avatar of user A, a cartoon image with a sad expression is displayed on the avatar. Optionally, the words "rotten egg+1" may also be displayed on the cartoon image. In a further optional feasible solution, displaying the second dynamic special effect corresponding to the preset identifier at the target position may include: performing statistics on the number of times the first dynamic special effect is displayed for the target object; and determining the display to be displayed according to the statistical result And display the determined second dynamic special effect at the target position. As a result, the special effect display form is more interesting and attractive, and the user viscosity of the application or platform is increased).
However, Yang Lin is silent about, the image resource including dynamically changed image content and static display of a single-frame image included in the image resource corresponding to the image.
Feke et al (US 2010/0218140), figs. 2, 5, 11, Features of graphical user interface 300 provide considerable advantages for viewing various types of overlaid and composite synthesized images, and static display of a single-frame image included in the image resource corresponding to the image, particularly in areas of molecular imaging. For example, the capability to modify how image content is presented for one or more component images, and to do this dynamically as the synthesized image is rotating in display window 310, allows a researcher to more thoroughly examine the subject in order to assess various conditions, such as the progress of an infection or lesion, or the effects of various injected substances. FIG. 11, component image selection panel 50 also includes an image transparency control 72 that applies for the corresponding component image. In this embodiment, image transparency control 72 has a scale bar 74 and a slideable cursor 76. The graphical user interface 300 applies the transparency selection to the corresponding component image content upon rendering of the synthesized image. The image transparency selection may apply globally to all component images of a given type, for example all images of a given modality. An individual adjustment can apply globally to all component images of one type throughout the series of image sets that display. The transparency selection may be applied during animation playback mode without interruption of the playback, or may be applied in static display mode.
It would have been obvious to the skilled in the art before the effective filing date of the invention to provide the target image resource being a file having dynamically changed image content, in Yang Lin as suggested by Fete et al., the motivation in order to dynamic display effect may be achieved when the static picture is displayed, thereby presenting a dynamic image to the user.
Regarding claims 3, 17, 20, the combination of Yang Lin and Fete et al., discloses the method according to claim 1, wherein the single-frame image is a single-frame with a second preset frame number in the image resource corresponding to the image on the interface (see Yang Lin the content object is the audio released by user A, and the preset logo is the egg image. When the preset logo is triggered, it triggers the dynamic special effect of throwing an egg at the audio publisher. In this example, user A is throwing an egg, As shown in the right interface in Figure 2F. It should be noted that, if corresponding user comments are still displayed on the current page, you can also refer to the comment scene in (1) to set a preset flag to display special effects. Figure 2G shows a live video page. This page shows that user A is live video streaming. Correspondingly, user A’s object identifier (such as an avatar) corresponds to a sign expressing agreement (as shown in the thumb up image). (Shown) and the sign that expresses the objection (shown in the egg image in the figure), as shown in the left interface of Figure 2G. Of course, in practical applications, only one type of identification can also be set. See Fete et al. It is noted that the function of scale 330 can be implemented in a number of alternate ways, including the use of a linear GUI element, such as a scroll bar, or a circular dial or other element. Additionally, animation playback controls may include a supplemental control for the frame-rate, as well as controls to increase or decrease a delay between frames, for example. An adjustable delay may be automatically calculated based on the angular difference between each successive pair of frames).
Regarding claim 4, the combination of Yang Lin and Fete et al., discloses the method the method according to claim 1, wherein the interface attribute information comprises an interface type; and the determining, according to the interface information, the display mode for the image comprises at least one of: determining, according to an interface type corresponding to the interface, that the display mode corresponding to the image is a dynamic mode; or determining, according to the interface type corresponding to the interface, that the display mode corresponding to the image is a static mode; or determining, according to the interface type corresponding to the interface and preset information in the interface information, that the display mode corresponding to the image is at least one of a dynamic mode or a static mode (see Yang Lin figs. 3-5, The operable user is determined as the target object for the trigger operation. For example, in a one-to-one chat scenario, if user A triggers the preset identifier, user B becomes an operable user and only user B is an operable user. At this time, user B is the target object. If the data of the operable user is not single, then the selection operation of the operable user is received, and the selected operable user is determined as the target object for the trigger operation. For example, in more than two chat scenes, if user A triggers the preset flag, the information of other users except user A will be displayed, and the other users are operable users. It is visible. At this time, operable More than one user. User A can select a user from multiple other users, and the selected user is the target object. Fete et al. FIG. 11, component image selection panel 50 also includes an image transparency control 72 that applies for the corresponding component image. In this embodiment, image transparency control 72 has a scale bar 74 and a slideable cursor 76. The graphical user interface 300 applies the transparency selection to the corresponding component image content upon rendering of the synthesized image. The image transparency selection may apply globally to all component images of a given type, for example all images of a given modality. An individual adjustment can apply globally to all component images of one type throughout the series of image sets that display. The transparency selection may be applied during animation playback mode without interruption of the playback, or may be applied in static display mode).
Regarding claim 5, the combination of Yang Lin and Fete et al., discloses the method the method according to claim 1, wherein the interface information comprises interface interaction information; and the determining, according to the interface information, the display mode for the image comprises: in response to determining that the interface interaction information comprises a first preset operation, the display mode corresponding to the image being a dynamic display mode, the first preset operation comprising an interaction operation for first content on the interface (Yang Lin, The preset logo can be set appropriately according to different applicable scenarios. For example, for a comment page, each comment can have a preset logo, or the preset logo can be set for comments that meet certain conditions; for instant messaging pages, you can A chat scene corresponds to a preset identifier. The chat scene can be a one-to-one chat scene of two users, or a group chat scene of two or more users; the audio playback page and video playback page can be similar to the comment page That is, each audio or video corresponds to a preset identifier, or the preset identifier is set for audio or video that meets certain conditions, and so on).
Regarding claim 6, the combination of Yang Lin and Fete et al., discloses the 6. The method according to claim 1, wherein the interface information comprises interface interaction information; and the determining, according to the interface information, the display mode for the image comprises: in response to determining that the interface interaction information comprises a second preset operation for the image that is inputted by a user, the display mode corresponding to the image being a dynamic display mode, and the second preset operation comprising at least one of a sliding, a clicking or a long-pressing (see Yang Lin, before determining the target object for the trigger operation according to the user's triggering operation on the preset identifier displayed on the page, it may also be determined whether the user has a control over the preset identifier. The authority to perform a trigger operation; if the authority has the authority, the trigger operation according to the preset identifier displayed on the page by the user is executed, and the operation of the target object for which the trigger operation is determined. Optionally, the judging whether the user has the authority to trigger the operation on the preset identifier includes: obtaining fee information in the user account of the user, and judging whether the user has the right to The preset identifier has the authority to perform the trigger operation; or, the resource information in the user account of the user is obtained, and it is determined whether the user has the authority to perform the trigger operation on the preset identifier according to the resource information).
Regarding claim 9, the combination of Yang Lin and Fete et al., discloses the 9. The method according to claim 1, wherein a character in the image comprises a virtual character obtained after an image of an object is processed (Yang Lin, the dynamic special effects are not available to all users, and certain conditions must be met before they can be used. For example, it needs to have a certain cost or have a certain resource. Wherein, the resource may be a virtual resource provided in the platform or application, such as a virtual fruit or a virtual leaf. These virtual resources can be obtained through certain operations, such as uploading files and posting comments for a certain number of times. Of course, it can also be obtained through gifts or purchases by others. When the user's fee is insufficient or the resource is insufficient, the corresponding recharge page can be displayed for the user to recharge the fee or purchase the corresponding resource through the fee recharge, and so on).
Regarding claim 14, the combination of Yang Lin and Fete et al., discloses the method according to claim 1, wherein the image resource including a file having dynamically changed image content, and a file format of the image resource comprises at least one of a dynamic picture format or a video format (see Yan g Lin, the display module 406 is configured to display the first dynamic special effect corresponding to the preset identifier along the first special effect display path, and display the second dynamic special effect corresponding to the preset identifier at the target position. Dynamic special effects. Optionally, the second dynamic special effect includes an image special effect and/or a text special effect).
Allowable Subject Matter
Claims 2, 7, 8, 10-13, 16, 19 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 and overcome the nonstatutory double patenting rejection above.
None of the references cited in record disclose or suggest that the method according to claim 6, wherein the image comprises a background image; and the second preset operation comprises the sliding, and wherein the displaying, in the display mode, the image resource corresponding to the image on the display interface comprising: performing, on the interface, dynamic playing of image frames in an image resource corresponding to the background image, and dynamically adjusting a display size of the background image following a sliding trajectory of the second preset operation in the playing process and/or the method according to claim 1, wherein the interface display state information comprises a current display mode of the image, the image on the interface comprising both a first image and a second image, and the determining, according to the interface information, a display mode for the image comprising: in response to determining that a current display mode for the first image is a dynamic display mode and a current display mode for the second image is a static display mode, and detecting a third preset operation for the second image, determining that a display mode for the first image is a static display mode and a display mode for the second image is a dynamic display mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Van N Chow whose telephone number is (571)272-7590. The examiner can normally be reached M-F 10-6PM.
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/VAN N CHOW/Primary Examiner, Art Unit 2627