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 .
Claims Status
Claims 1-20 are currently pending in the application.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-9 and 11-18 and 20 of US 12,335,583 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims 1-20 and Patent Claims 1-9,11-18 and 20 are directed to the same invention with a different in scope (broader in scope than the patent claim) and are therefore an obvious variant thereof. (See the mapping of pending claims and patent claims).
Claims 1, 11-12 in the pending application independent claims is anticipated by conflicting patent independent claims 1, 11-12.
Claim 2 in the pending application is anticipated by conflicting patent claim 2.
Claim 3 in the pending application is anticipated by conflicting patent claim 3.
Claim 4 in the pending application is anticipated by conflicting patent claim 4.
Claim 5 in the pending application is anticipated by conflicting patent claim 5.
Claim 6 in the pending application is anticipated by conflicting patent claim 6.
Claim 7 in the pending application is anticipated by conflicting patent claim 7.
Claim 8 in the pending application is anticipated by conflicting patent claim 8.
Claim 9 in the pending application is anticipated by conflicting patent claim 9.
Claim 10 in the pending application is anticipated by conflicting patent claim 7.
Claim 13 in the pending application is anticipated by conflicting patent claim 2, 20.
Claim 14 in the pending application is anticipated by conflicting patent claim 13
Claim 15 in the pending application is anticipated by conflicting patent claim 14.
Claim 16 in the pending application is anticipated by conflicting patent claim 15.
Claim 17 in the pending application is anticipated by conflicting patent claim 16.
Claim 18 in the pending application is anticipated by conflicting patent claim 17.
Claim 19 in the pending application is anticipated by conflicting patent claim 18.
Claim 20 in the pending application is anticipated by conflicting patent claim 9.
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 1-20 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.
Claims 1, 11 and 12, each recites the limitation “displaying a resource”, “generating a video corresponding to the target video based on the resource” and “video information stream” “the resource”, it indefinite because it is not clear and vague displaying a resource and generating a video corresponding to the target video based on the resource. In particular it is unclear what “display a resource” corresponds. For purpose of examination Examiner has interpreted “displaying a resource” as displaying a preset material for creating a post video, and “displaying a resource and generating a video corresponding to the target video based on the resource” as generating post video associated with a displayed video based on the preset material. So correction are required.
Claims 2-10 and 13-20 are rejected as being dependent on the after mentioned independent claims 1 and 12.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6, 11-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0153123 A1 to ZHANG et al in view of US 2021/0225406 A1 to HAN et al.
As to claims 1 and 12 , ZHANG discloses a video processing method[A video processing device, comprising: a memory, and a processor, wherein a computer program is stored on the memory and capable of running on the processor, and the computer program when executed on the processor causes the processor to] (see fig.1 and 10), comprising: displaying a resource corresponding to a target video and a video generation control on a video playing page of the target video, wherein the target video belongs to a video information stream (see fig.4;page.4,¶0058,¶0098); in response to a triggering operation on the video generation control, generating a video corresponding to the target video based on the resource (see fig.8,el.803;page.8,¶0106-¶0107,¶0101).
ZHANG fails explicitly discloses switching from the video playing page to a video editing page and previewing the video on the video editing page.
HAN discloses discloses switching from the video playing page to a video editing page and previewing the video on the video editing page (see fig.4; page.4,¶0052-¶0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHANG with the teaching as taught by HAN in order to improving user experience in sharing a personalized video to the other users with the convenience of video editing.
As to claims 2 and 13, ZHANG further discloses wherein: the displaying the resource corresponding to the target video and the video generation control on the video playing page of the target video comprises: in response to determining that the target video has been played for a preset duration, displaying the resource corresponding to, the target video, the video generation control and at least one information input control on the video playing page of the target video, wherein the at least one information input control is configured for receiving information inputted by a user; and the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, generating the video corresponding to the target video based on the resource and the information (see fig.7;page.7,¶0098,¶0101 and see fig.8,el.801-803;page.8,¶0106-¶0107,¶0101).
As to claims 3 and 14, ZHANG further discloses wherein the generating the video corresponding to the target video based on the resource and the information in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, obtaining a video generation template corresponding to the target video; and adding the resource and the information to the video generation template to generate the video corresponding to the target video (see fig.7;page.7,¶0089-¶0090).
As to claim 4, HAN further discloses wherein the resource comprises a lyric of a song, and the video previewed on the video editing page comprises the lyric dynamically displayed (see page.2,¶0027).
As to claims 6 and 17, ZHANG further discloses in response to a first preset sliding operation acting on the video playing page of the target video, obtaining a target switching video corresponding to the target video based on the video information stream to which the target video belongs; and playing the target switching video on the video playing page (see fig.7;page.7,¶0089-¶0090).
As to claim 11, claim 11 is directed toward embody the method of claim 1 in “computer readable medium”. It would have been obvious to embody the procedures of ZHANG and HAN discussed with respect to claim 1 in a “computer readable medium” in order that the instructions could be automatically performed by a processor. It comprises substantially the same method as discussed in claim above; there by the same rejection is applicable.
Claims 5, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0153123 A1 to ZHANG et al in view of US 2021/0225406 A1 to HAN et al, and further in view US 2020/0336804 A1 to CUI et al.
As to claims 5 and 16, ZHANG and HAN fail explicitly discloses wherein the resource comprises a shooting prop, and the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, jumping from the video playing page to a video shooting page; and generating the video corresponding to the target video based on the shooting prop on the video shooting page.
CUI discloses wherein the resource comprises a shooting prop, and the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, jumping from the video playing page to a video shooting page; and generating the video corresponding to the target video based on the shooting prop on the video shooting page (see fig. 5, el.502-506; see fig.7;page.7,¶0103, ¶0110-¶0114,¶0123-¶0125).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHANG and HAN with the teaching as taught by CUI in order to provide sharing a short video to the contact corresponding to the social application by the users.
As to claim 18, CUI further discloses wherein the resource comprises multiple resource packages comprised of at least one of a text, an image, an audio, a video, or a shooting prop, and the computer program further causes the processor to: in response to a preset sliding operation acting on the video playing page of the target video, determine a target resource package from the multiple resource packages in the resource, wherein: the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, generating the video corresponding to the target video based on the target resource package (see fig. 5, el.502-506; see fig.7;page.7,¶0103, ¶0110-¶0114,¶0123-¶0125).
Claims 7-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0153123 A1 to ZHANG et al in view of US 2021/0225406 A1 to HAN et al, and further in view US 2021/0195284 A1 to SONG et al.
As to claim 7, ZHANG and HAN fail explicitly discloses wherein the resource comprises multiple resource packages comprised of at least one of a text, an image, an audio, a video, or a shooting prop, and the video processing method further comprises: in response to a preset sliding operation acting on the video playing page of the target video, determining a target resource package from the multiple resource packages in the resource, wherein: the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, generating the video corresponding to the target video based on the target resource package.
SONG discloses wherein the resource comprises multiple resource packages comprised of at least one of a text, an image, an audio, a video, or a shooting prop, and the video processing method further comprises: in response to a preset sliding operation acting on the video playing page of the target video, determining a target resource package from the multiple resource packages in the resource, wherein: the generating the video corresponding to the target video based on the resource in response to the triggering operation on the video generation control comprises: in response to the triggering operation on the video generation control, generating the video corresponding to the target video based on the target resource package (see fig.4d;page.6,¶0090).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHANG and HAN with the teaching as taught by CUI in order to improve background music selection during video shooting.
As to claims 8 and 19, SONG discloses wherein resources for generating the video within the multiple resource packages are capable of being switched with each other(see fig.4d;page.6,¶0090).
As to claims 9 and 20, SONG further discloses displaying a sliding indicator on the video playing page to prompt the user to switch among the multiple resource packets to determine the target resource packet (see fig.4d;page.6,¶0090).
As to claim 10, SONG further discloses wherein the resource comprises at least one of a text, an image, an audio, a video, or a shooting prop (see fig.4d;page.6,¶0090).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MULUGETA MENGESHA whose telephone number is (469)295-9212. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM ET.
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MULUGETA MENGESHA
Primary Examiner
Art Unit 2424
/Mulugeta Mengesha/Primary Examiner, Art Unit 2424
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