Prosecution Insights
Last updated: May 29, 2026
Application No. 19/220,864

METHOD, APPARATUS AND DEVICE FOR GENERATING EFFECT AND STORAGE MEDIUM

Non-Final OA §103
Filed
May 28, 2025
Priority
May 29, 2024 — CN 202410685274.2
Examiner
ORR, HENRY W
Art Unit
2172
Tech Center
2100 — Computer Architecture & Software
Assignee
Lemon Inc.
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
233 granted / 460 resolved
-4.3% vs TC avg
Strong +37% interview lift
Without
With
+37.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
20 currently pending
Career history
488
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
89.6%
+49.6% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 460 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/10/2026 has been entered. DETAILED ACTION 1. This action is responsive to applicant’s amendment dated 4/10/2026. 2. Claims 1-19 are pending in the case. 3. Claims 1, 12 and 19 are independent claims. Applicant’s Response 4. In Applicant’s response dated 4/10/2026, applicant has amended the following: a) Claims 1,4, 5, 11, 12,15, 16 and 19 Based on Applicant’s amendments and remarks, the following rejection previously set forth in Office Action dated 1/22/2026 is withdrawn: 35 U.S.C. 112 (a) Rejection to claims 1-19 Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (hereinafter “Kim”), U.S. Published Application No. 20250124080, in view of Svendsen et al. (hereinafter “Svendsen”), U.S. Published Application No. 20140258101 A1. Claim 1: Kim teaches A method for generating an effect, comprising: presenting a session interface with a virtual object; (e.g., session interface with chatbot/AI engine of device as shown in Figure 6, par. 272; In editing the images, the user's preferences, background music, image style, target SNS, etc. may be displayed through an interactive UX in the form of a chatbot for optimal image editing. Par. 284; More specifically, when a user accesses the video editing system, the terminal 600 may output an interactive interface to an input/output (I/O) unit (e.g., a display or touchscreen) for interacting with the user. An embodiment of accessing the image editing system may include a general operation performed to execute an application or program called an image editing system by executing a chat bot or accessing a preset URL) obtaining a first message via the session interface (e.g., obtaining a message from user comprising images and keywords for image editing par. 285; The terminal 600 may receive a video from the user. More specifically, the terminal 600 may receive images uploaded by the user using an interactive interface. Thereafter, the terminal 600 may interact with the user to extract keywords for editing images. Par. 287; The cloud server 610 may transmit the extracted keywords to the terminal 600, and the terminal 600 may output a dialog through an interactive interface to identify keywords for image editing based on the extracted keywords.) the first message describing characteristics of at least one effect; (e.g., message from user to determine colors or filters of an image par. 276; For example, the image editing system of the present disclosure may ask the user through an interactive interface whether to insert background music (BGM), whether to edit cuts, whether to insert subtitles, whether to insert effects, whether to adjust audio, and whether to adjust colors or filters. Then, keywords may be extracted based on the dialog received from the user, and the video may be edited based on the extracted keywords. In addition, the images may be re-edited to reflect user feedback after waiting for and completing the image editing.) generating, based on the first message, the effect package comprising the at least one effect, (e.g., generating based on user feedback (i.e., first message), a re-edited image with background music, colors and filters (i.e., effect package) par. 276; For example, the image editing system of the present disclosure may ask the user through an interactive interface whether to insert background music (BGM), whether to edit cuts, whether to insert subtitles, whether to insert effects, whether to adjust audio, and whether to adjust colors or filters. Then, keywords may be extracted based on the dialog received from the user, and the video may be edited based on the extracted keywords. In addition, the images may be re-edited to reflect user feedback after waiting for and completing the image editing.) presenting, in the session interface, a second message from the virtual object, the second message comprising an interaction component corresponding to the generated effect package; (e.g., chatbot/AI engine displaying the completed result (i.e., second message) with URL (i.e., interaction component) after edits are made as shown in Figures 19 (a-c) par. 381; For example, the AI device may suggest multiple styles of filters. In this case, the AI device may output an additional pop-up window to suggest multiple styles of filters. At this time, the AI device may provide samples of the filter styles and provide a preview function. Par. 394; Referring to FIG. 19-(a), after the editing of the images is completed, the AI device may output the edited images through an interactive interface. In one embodiment of the present disclosure, the AI device may directly output the edited images and share the same with the user through the interactive interface. Additionally, the AI device may share the URL corresponding to the edited images. Additionally, the AI device may store the edited images in a memory. Par. 395; Referring to FIG. 19-(b), after sharing the edited images with the user, the AI device may request feedback on the edited images.) and presenting a preview window displaying a preview of applying the at least one effect from the generated effect package to sample media content, in response to a first operation on the interaction component. (e.g., selecting URL to display a window displaying a preview of the edited images with applied effects par. 394; Additionally, the AI device may share the URL corresponding to the edited images. Additionally, the AI device may store the edited images in a memory. Par. 395; Referring to FIG. 19-(b), after sharing the edited images with the user, the AI device may request feedback on the edited images.) Kim fails to expressly teach wherein the generated effect package comprises executable code configured to apply the at least one effect to media content during media content creation or editing; However, Svendsen teaches generating an effect package; (e.g., generating a theme based effect product (i.e., effect package) as a stand-alone content file par. 75; Once generated, the theme-based effects content rendering engine 218 can provide the rendered theme-based content product that results to the theme-based effects content publication engine 220. In the example of FIG. 2, the theme-based effects content publication engine 220 can receive a rendered theme-based content product from the theme-based effects content rendering engine 218 and publishes the rendered theme-based content product for consumption by the others. For example, the rendered theme-based content product can be published such that the rendered theme-based content product can be downloaded and saved by the user or others as a stand-alone content file (e.g., MPEG or AVI file), or such that rendered theme-based content product can be shared to other over the network (e.g., posted to a website, such as YouTube.RTM. so that others can play/view the rendered theme-based content product).) wherein the effect package comprises executable code for applying the at least one effect to media content; (e.g., theme based effect product comprises standalone executable code for applying themes to media content of other users par. 73; As a result of rendering operation(s), the theme-based effects content rendering engine 218 can generate a rendered theme-based content product that is consumable by other users (e.g., via a stand-alone media player). Par. 74; For example, the theme-based effects content rendering engine 218 can generate the rendered theme-based content product to be in a media data format (e.g., QuickTime.RTM. movie [MOV], Windows.RTM. Media Video [WMV], or Audio Video Interleaved [AVI])) compatible with a standards-based media players and/or compatible with a streaming media service (e.g., YouTube.RTM.). par. 83; Further, the flowchart 300 can continue to module 312 with publishing the rendered theme-based content product for download or sharing with shares. Par. 107; When a user proceeds with application of a selected theme, some implementations can prompt the user for payment information and/or prompt the user for payment authorization before the selected theme is applied. With some implementations, the interface 800 can provide the user with a preview of a theme's appearance before it is applied to the foundational content; the preview can be based on foundational content the user is intending to enhance and/or sample foundational content.) and presenting a preview window displaying a preview of applying the at least one effect from the generated effect package to sample media content, (e.g., previewing theme based content products par. 96; previewing and/or adding different content types (e.g., video, audio, or images/graphics available to them from a content library) to the foundational content, switching to content-creation/content-editing operations that can be performed on the foundational content; previewing and/or applying a theme to the foundational content. Par. 98; In certain implementations, a content item listed in content listing 706 can be further previewed in the content player/viewer 706, which may or may not be configured to play audio, play video, play animations, and/or display images (e.g., in a larger resolution than the thumbnail preview)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the created effects as taught by Kim to include effects with standalone executable code as taught by Svendsen to provide the benefit of easily sharing effects with other users in effort to quickly reuse the effects.. (see Svendsen; par. 2 and 3, par. 13; ) Claim 2 depends on claim 1: Kim teaches wherein the second message further comprises descriptive information about the generated effect package. (e.g., confirming editing selections such as Video length: 1 minute, Type: Highlight Mosaic: Exclude Main Character as shown in Kim’s Figure 6, Kim; par. 287; The cloud server 610 may transmit the extracted keywords to the terminal 600, and the terminal 600 may output a dialog through an interactive interface to identify keywords for image editing based on the extracted keywords. Then, if the terminal 600 receives a confirmation of the keywords from the user, the terminal 600 may edit the images uploaded by the user based on the keywords. Par. 388; Referring to FIG. 18-(a), the AI device may output information summarizing keywords for editing images through an interactive interface.) Claim 3 depends on claim 2: Kim teaches wherein the descriptive information corresponds to an information template, and the information template is determined based on a type of the generated effect package. (e.g., descriptive information in response questions such as What editing method do you want to apply? As shown in Figure 14 (a) What style of editing as shown in Figure 14 (b), What style of filter do you want? As shown in Kim’s Figure 17(a-c) Kim; par. 288; At this time, the AI video engine 612 may perform a mosaic processing function, a highlight extraction function, an image style editing function, a subtitle insertion function, a BGM insertion function, a video length editing function, and the like on the received images.) Claim 4 depends on claim 1: Kim/Svendsen teaches further comprising: presenting an edit interface of the generated effect package in response to a second operation on the interaction component; (e.g., presenting an edit interface based on returning to edit with additional user feedback on the completed result (i.e., interaction component) as shown in KIM’s Figures 19a-c par. 395; Referring to FIG. 19-(b), after sharing the edited images with the user, the AI device may request feedback on the edited images. Par. 396; Referring to FIG. 19-(c), after receiving feedback on the edited images, the AI device may return to the start of the image editing) and/or publishing the generated effect package in response to a third operation on the interaction component. (see Svendsen; par. 65; can allow the user to publish the theme-based foundational content with high definition/quality theme-based effects. In some embodiments,) Claim 5 depends on claim 1: Kim teaches wherein the interaction component displays at least one of: a text identifier of the generated effect package; an image identifier of the generated effect package; or a file size of the generated effect package. (e.g., displays URL (i.e., image identifier of the generated effect package) par. 394; In one embodiment of the present disclosure, the AI device may directly output the edited images and share the same with the user through the interactive interface. Additionally, the AI device may share the URL corresponding to the edited images) Claim 6 depends on claim 5: Kim teaches wherein the text identifier and/or the image identifier are generated based on the first message by a model. (e.g., generating URL identifier based on user feedback (i.e., first message) Kim; par. 394; In one embodiment of the present disclosure, the AI device may directly output the edited images and share the same with the user through the interactive interface. Additionally, the AI device may share the URL corresponding to the edited images) Claim 7 depends on claim 1: Kim teaches wherein obtaining the first message via the session interface comprises: presenting a first set of candidate templates in the session interface; displaying, based on a selection of a template in the first set of candidate templates, a preset prompt item corresponding to the template in an input control of the session interface; and obtaining the first message determined based on the preset prompt item. (e.g., displaying filter templates based on filter editing request on image as shown in Figure 17(a-c) par. 381; Referring to FIG. 17-(a), the AI device may receive a selection of the filter change function for the uploaded images. Then, the AI device may organize a detailed dialog for filter selection. For example, the AI device may suggest multiple styles of filters. In this case, the AI device may output an additional pop-up window to suggest multiple styles of filters. At this time, the AI device may provide samples of the filter styles and provide a preview function.) Claim 8 depends on claim 7: Kim teaches further comprising: replacing the first set of candidate templates in the session interface with a second set of candidate templates in response to receiving a predetermined request. (e.g., displaying second set of filters in pop up window par. 381; For example, the AI device may suggest multiple styles of filters. In this case, the AI device may output an additional pop-up window to suggest multiple styles of filters.) Claim 9 depends on claim 7: Kim teaches wherein displaying the preset prompt item corresponding to the template in the input control of the session interface comprises: displaying, in the input control, a set of parameters in the preset prompt item in a style. (e.g., displaying filter candidates in a target style as shown in Figure 17(b) par. 381; For example, the AI device may suggest multiple styles of filters. In this case, the AI device may output an additional pop-up window to suggest multiple styles of filters.) Claim 10 depends on claim 7: Kim teaches wherein obtaining the first message determined based on the preset prompt item comprises: presenting a set of candidate parameters in response to a preset operation on a first parameter in the set of parameters; replacing the first parameter in the preset prompt item with a second parameter based on a selection of the second parameter in the set of candidate parameters; and obtaining the first message determined based on the replaced preset prompt item. (e.g., displaying second set of filters(i.e., candidate parameters) in pop up window par. 381; For example, the AI device may suggest multiple styles of filters. In this case, the AI device may output an additional pop-up window to suggest multiple styles of filters.) Claim 11 depends on claim 1: Kim teaches further comprising: obtaining a third message via the session interface, the third message configured to describe an edit request for the generated effect package; and presenting a fourth message from the virtual object, in the session interface, the fourth message being associated with the edited effect package. (e.g., user selecting keywords (i.e., third message) to further edit the images and the chatbot/AI engine responds with completed results (i.e., fourth message) as shown in Figures 19a-c par. 287; The cloud server 610 may transmit the extracted keywords to the terminal 600, and the terminal 600 may output a dialog through an interactive interface to identify keywords for image editing based on the extracted keywords. Then, if the terminal 600 receives a confirmation of the keywords from the user, the terminal 600 may edit the images uploaded by the user based on the keywords. par. 288; At this time, the AI video engine 612 may perform a mosaic processing function, a highlight extraction function, an image style editing function, a subtitle insertion function, a BGM insertion function, a video length editing function, and the like on the received images.) Independent Claim 12: Claim 12 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 12. Claim 13 depends on claim 12: Claim 13 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 13. Claim 14 depends on claim 13: Claim 14 is substantially encompassed in claim 3, therefore, Examiner relies on the same rationale set forth in claim 3 to reject claim 14. Claim 15 depends on claim 12: Claim 15 is substantially encompassed in claim 4, therefore, Examiner relies on the same rationale set forth in claim 4 to reject claim 15. Claim 16 depends on claim 12: Claim 16 is substantially encompassed in claim 5, therefore, Examiner relies on the same rationale set forth in claim 5 to reject claim 16. Claim 17 depends on claim 16: Claim 17 is substantially encompassed in claim 6, therefore, Examiner relies on the same rationale set forth in claim 6 to reject claim 17. Claim 18 depends on claim 12: Claim 18 is substantially encompassed in claim 7, therefore, Examiner relies on the same rationale set forth in claim 7 to reject claim 18. Independent Claim 19: Claim 19 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 19. Response to Arguments Prior Rejections Applicant’s arguments, with respect to the previously cited prior art failing to disclose the new limitations has been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly applied “Svendsen” reference. 1)Applicant argues that Kim does not teach or suggest creating a reusable, distributable effect package containing executable code. (see Response; page 12; ) Examiner notes that newly applied Svendsen reference is being relied upon to teach creating a reusable, distributable effect package containing executable code. (see office action) Svendsen teaches that it was well known for users to purchase distributable effect packages (see par. 3; However, locally installed film editing systems require users to purchase special effects packages, limiting a user to the editing effects and pre-defined themes locally installed on his or her computer.) Svendsen further teaches sharing theme based effects to other users (see par. 68; The theme-based effects library/marketplace engine 210 can further enable a user of the system 200 to share and/or exchange user-created themes with other users). Therefore, Examiner submits that theme based effect packages of Svendsen teaches or suggests creating a reusable, distributable effect package containing executable code. 2)Applicant argues that Kim does not present an interaction component that allows a user to preview, edit, or publish a newly generated effect package, because Kim does not create such packages in the first place. (see Response; page 12; ) Examiner respectfully disagrees. Kim teaches displaying a URL of the completed edited images. (see Figures 19a-c). Examiner submits that selecting the URL allows a user to preview or to publish the images from a web browser. Under Broadest reasonable interpretation (BRI), a package is merely a collection of items. Examiner notes that Kim is relied upon to teach interaction component that allows a user to preview, edit, or publish a newly generated effect package and Svendsen is relied upon to teach a reusable, distributable effect package containing executable code. Therefore, Kim in view of Svendsen teaches or suggest the claimed invention. 3)Applicant argues that Claim 1 requires "presenting a preview window displaying a preview of applying the at least one effect from the generated effect package to sample media content." This preview demonstrates how the generated effect package would apply to media content-it is a preview of the effect package's functionality, not a preview of a specific edited video. Any preview functionality in Kim is directed to showing the current state of the uploaded video file after filters have been applied. See Kim, Fig. 17(b) (previewing the uploaded image after applying existing filters). This is fundamentally different from previewing how a newly generated effect package would apply to sample media content. (see Response; page 12 and 13) Examiner respectfully disagrees. Examiner notes that under broadest reasonable interpretation (BRI), the scope of “a preview of the effect package's functionality” encompasses “a preview of a specific edited video”. In other words, the claim language does not preclude “a preview of a specific edited video” as taught by Kim. Applicant fails to explain how the claim language distinguishes over Kim. Examiner further notes that newly applied Svendsen also teaches or suggest “a preview of the effect package's functionality” (see office action). For at least the foregoing reasons, the claims are not in condition for allowance. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chou; Hung-Te; US 8661096 B2 Col. 7 line 1; FIG. 7 is an exemplary embodiment of a user interface 332 that may be configured to obtain effects, similar to the interface from FIG. 6. As illustrated in the nonlimiting example of FIG. 7, the user may select the obtain option 346, which may facilitate presentation of an obtain effects window 732. The obtain effects window 732 may be configured to provide one or more effects packages, (templates) for utilization of on the present video segments. As a nonlimiting example, upon selection of the obtain option 346, the video editing logic 299 may be configured to access the server 104 to retrieve one or more video effects packages. The one or more video effects packages may be selected based on user preferences, video attributes, and/or other criteria. A list of the retrieved video effects packages may be presented to the user in the obtain effects window 732. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F. 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, Adam Queler can be reached at (571)272-4140. 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. /HENRY ORR/ Primary Examiner, Art Unit 2172
Read full office action

Prosecution Timeline

May 28, 2025
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §103
Dec 31, 2025
Response Filed
Jan 22, 2026
Final Rejection mailed — §103
Mar 23, 2026
Response after Non-Final Action
Apr 10, 2026
Request for Continued Examination
Apr 17, 2026
Response after Non-Final Action
Apr 29, 2026
Non-Final Rejection mailed — §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

3-4
Expected OA Rounds
51%
Grant Probability
88%
With Interview (+37.0%)
4y 0m (~3y 0m remaining)
Median Time to Grant
High
PTA Risk
Based on 460 resolved cases by this examiner. Grant probability derived from career allowance rate.

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