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 .
DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-13 are rejected under 35 U.S.C. 101 as not falling within one of the four statutory categories of invention. In regard to said claims which are directed towards ‘a system’, it is noted that both the claims and specification are silent as to the capability of said ‘system’ reading on software and as such does not fall into any statutory class of invention. Computer programs claimed as computer listings per se, i.e., the descriptions or expressions of the programs, are not physical “things.” They are neither computer components nor statutory processes, as they are not “acts” to be performed. Such claimed computer programs do not define any structural and functional interrelationships between the computer program and other claimed elements of a computer which permit the computer program’s functionality to be realized. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
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 non-obviousness.
Claims 1-2, 4-6, 8, 10, 14-15, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG (US Pub No: 2022-0415362) in view of EPPERSON et al. (US Pub. No.: 20150073922) in view of AYLETT et al. (US Pub. No.: 2008-0140407)
As per Claim 1 JANG discloses A system comprising (Figs. 1-5 [Abstract]):
one or more memories ([0025, 0029-0030]); and at least one processor coupled to at least one of the one or more memories and configured to perform operations comprising ([0025, 0029-0030]):
obtain input data that includes one or more business attributes associated with a business (Figs. 1-5 from the promotional video glean the attributes – associated template [0047, 0057]); choose, based on the one or more business attributes (Figs. 1-5 [0047, 0057]); produce, based on the one or more business attributes, textual content and image content for promoting the business (Figs. 1-5 extract from promotional video for the images and text [Abstract] [0012] [0024] [0047, 0057]);
JANG does not disclose but EPPERSON discloses a video advertisement template that includes a plurality of modular elements (Figs. 1-4 at least elements 203/204 websites and preview candidate 201 [0045-0047]); associated with one or more of the plurality of modular elements in the video advertisement template (Figs. 1-4 at least elements 201/203/204 [0045-0047]); assemble a synthetic video advertisement by populating the plurality of modular elements in the video advertisement template with the image content (Figs. 1-4 video capability [0002] editing for final assembly including text and images [0043] [0045-0047] [0050])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a video advertisement template that includes a plurality of modular elements; associated with one or more of the plurality of modular elements in the video advertisement template; assemble a synthetic video advertisement by populating the plurality of modular elements in the video advertisement template with the image content as taught by EPPERSON into the system of JANG because of the benefit taught by EPPERSON to teach video creation templates for easier creation and management of video assets as with JANG which is improved by including modular elements for easy edit and creation.
JANG and EPPERSON do not disclose but AYLETT discloses generate, based on the textual content, at least one audio track (Figs. 1-2, 6-8 advertising aural and synthesizer 22 from text conversion [Abstract] [0007] [0054-0055] [0072-0073]); the at least one audio track (Figs. 1-2, 6-8 synthesizer 22 [Abstract] [0007] [0054-0055])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include generate, based on the textual content, at least one audio track; the at least one audio track as taught by AYLETT into the system of JANG and EPPERSON because of the benefit taught by AYLETT to teach use for text to speech conversion for a targeted field as advertisement generation which would enhance and improve upon said system as they are directed towards text to speech conversion and would benefit with an added field of use to expand upon system capabilities
As per Claim 2 JANG discloses The system of claim 1, wherein the input data includes at least one of a product type (one of), a service type (one of), an industry (one of), a recurrence (one of), and a promotional goal (Figs. 1-5 promotion time tables [0047]).
As per Claim 4 JANG discloses The system of claim 1, wherein to obtain the input data the at least one processor is configured to (See said analysis for Claim 1):
JANG does not disclose but EPPERSON discloses retrieve the input data from a website associated with the business (Figs. 1-5 [0020] steps 406, 409 for at least commercial websites [0030-0037] [0043] [0050-0055]) (The motivation that applied in Claim 1 applies equally to Claim 4)
As per Claim 5 JANG discloses The system of claim 1, wherein the at least one processor is configured to (See said analysis for Claim 1): to choose (See said analysis for Claim 1); select based on the one or more business attributes (See said analysis for Claim 1)
JANG does not disclose but EPPERSON discloses select the video advertisement template from a predefined library of templates (Figs. 1-4 select via rendering engine 104 from database 105 [0020]) (The motivation that applied in Claim 1 applies equally to Claim 5)
As per Claim 6 JANG discloses The system of claim 1, wherein to choose the at least one processor is configured to (See said analysis for Claim 1): based on the one or more business attributes (See said analysis for Claim 1).
JANG does not disclose but EPPERSON discloses the video advertisement template (See said analysis for Claim 1); generate the video advertisement template (Figs. 1-4 select via rendering engine 104 [0020] [0046]) (The motivation that applied in Claim 1 applies equally to Claim 6)
As per Claim 8 JANG discloses The system of claim 1, wherein to produce the image content the at least one processor is configured to (Figs. 1-5 via selection creation [Abstract] [0012] [0024] [0042-0044]): based on the one or more business attributes (See said analysis for Claim 1)
JANG does not disclose but EPPERSON discloses select one or more images from an image library (Figs. 1-4 image library [0035, 0039]) (The motivation that applied in Claim 1 applies equally to Claim 8).
As per Claim 10 JANG discloses The system of claim 1, wherein the at least one processor is configured to (See said analysis for Claim 1)
JANG and EPPERSON do not disclose but AYLETT discloses generate the at least one audio track (See said analysis for Claim 1): synthesize a voiceover using a text-to-speech model based on the textual content (Figs. 1-9 model generation unit [0003-0004] [0007-0009] [0012-0015] [0072-0073]) (The motivation that applied in Claim 1 applies equally to Claim 10).
As per Claim 14 JANG discloses A computer-implemented method comprising (Figs. 1-2 [Abstract]):
obtaining input data that includes one or more business attributes associated with a business (See said analysis for Claim 1); choosing, based on the one or more business attributes (See said analysis for Claim 1), producing, based on the one or more business attributes, textual content and image content for promoting the business (See said analysis for Claim 1);
JANG does not disclose but EPPERSON discloses a video advertisement template that includes a plurality of modular elements (See said analysis for Claim 1); associated with one or more of the plurality of modular elements in the video advertisement template (See said analysis for Claim 1); assembling a synthetic video advertisement by populating the plurality of modular elements in the video advertisement template with the image content (See said analysis for Claim 1)
JANG and EPPERSON do not disclose but AYLETT discloses generating, based on the textual content, at least one audio track (See said analysis for Claim 1); the at least one audio track (See said analysis for Claim 1)
As per Claim 15 JANG discloses The computer-implemented method of claim 14, wherein the input data includes at least one of a product type, a service type, an industry, a recurrence, and a promotional goal (See said analysis for Claim 2).
As per Claim 18 JANG discloses The computer-implemented method of claim 14, wherein
JANG and EPPERSON do not disclose but AYLETT discloses generating the at least one audio track further comprises (See said analysis for Claim 10): synthesizing a voiceover using a text-to-speech model based on the textual content (See said analysis for Claim 10).
As per Claim 20 JANG discloses A non-transitory computer-readable medium having instructions stored thereon that, when executed by one or more processors, cause the one or more processors to perform operations comprising (Figs. 1-2 units 300/400 [0025-0032]):
obtain input data that includes one or more business attributes associated with a business (See said analysis for Claim 1); choose, based on the one or more business attributes (See said analysis for Claim 1), produce, based on the one or more business attributes, textual content and image content for promoting the business (See said analysis for Claim 1);
JANG does not disclose but EPPERSON discloses a video advertisement template that includes a plurality of modular elements (See said analysis for Claim 1); associated with one or more of the plurality of modular elements in the video advertisement template (See said analysis for Claim 1); assemble a synthetic video advertisement by populating the plurality of modular elements in the video advertisement template with the image content (See said analysis for Claim 1)
JANG and EPPERSON do not disclose but AYLETT discloses generate, based on the textual content, at least one audio track (See said analysis for Claim 1); the at least one audio track (See said analysis for Claim 1)
Claims 3, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG (US Pub No: 2022-0415362) in view of EPPERSON et al. (US Pub. No.: 20150073922) in view of AYLETT et al. (US Pub. No.: 2008-0140407), as applied in Claims 1-2, 4-6, 8, 10, 14-15, 18, 20, and further in view of QIAN (US Pub. No.: 2014-0297427).
As per Claim 3 JANG discloses The system of claim 1, wherein the input data includes at least one contextual parameter, the contextual parameter including (Figs. 1-5 see formats [Abstract] [0012] [0034] [0040])
JANG EPPERSON AYLETT do not disclose but QIAN discloses one or more of a geographic region (Figs. 1-10 [0028]), a time of day (one of), a media environment (one of), a target audience profile (one of), and a weather condition (one of).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include one or more of a geographic region, a time of day, a media environment, a target audience profile, and a weather condition as taught by QIAN into the system of JANG EPPERSON AYLETT because of the benefit taught by QIAN to teach providing enhancements for the included video development/creation systems which would benefit from expanding upon these related features.
As per Claim 16 JANG discloses The computer-implemented method of claim 14, wherein the input data includes at least one contextual parameter, the contextual parameter including (See said analysis for Claim 3)
JANG EPPERSON AYLETT do not disclose but QIAN discloses one or more of a geographic region, a time of day, a media environment, a target audience profile, and a weather condition (See said analysis for Claim 3).
Claims 9, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG (US Pub No: 2022-0415362) in view of EPPERSON et al. (US Pub. No.: 20150073922) in view of AYLETT et al. (US Pub. No.: 2008-0140407), as applied in Claims 1-2, 4-6, 8, 10, 14-15, 18, 20, and further in view of LIU et al (US Pub. No.: 2023-0118966).
As per Claim 9 JANG discloses The system of claim 1, wherein to produce the image content the at least one processor is configured to (Figs. 1-5 via selection creation [Abstract] [0012] [0024] [0042-0044]):
JANG EPPERSON AYLETT do not disclose but LIU discloses generate a video segment by animating at least one image frame included in the input data (Fig. 1 [0015-0016])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include generate a video segment by animating at least one image frame included in the input data as taught by LIU into the system of JANG EPPERSON AYLETT because of the benefit taught by LUI to teach including animation in a video creation project which benefits the included systems by enhancing the output to increase the user enjoyment.
As per Claim 17 JANG discloses The computer-implemented method of claim 14, wherein producing the image content further comprises (See said analysis for Claim 9):
JANG EPPERSON AYLETT do not disclose but LIU discloses generating a video segment by animating at least one image frame included in the input data (See said analysis for Claim 9).
Allowable Subject Matter
Claims 7, 11-13, 19 is/are objected to as being dependent upon the 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 but for the outstanding rejections under 35 U.S.C. section 101.
Claims 7, 11-13, 19 is/are allowed, but for the outstanding rejections under 35 U.S.C. section 101. The following is an examiner’s statement of reasons for allowance:
As per Claim 7 the prior art of record either alone or in reasonable combination fails to teach or suggest “The system of claim 1, wherein to produce the textual content the at least one processor is configured to: generate, using a language model, at least one of a benefit statement, a tagline, and a call to action" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 11 the prior art of record either alone or in reasonable combination fails to teach or suggest “The system of claim 1, wherein the at least one processor is configured to: perform one or more aesthetic adjustments on the synthetic video advertisement, wherein the one or more aesthetic adjustments include at least one of blending a background color, adjusting an image brightness, and balancing a visual tone across the plurality of modular elements" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 12 the prior art of record either alone or in reasonable combination fails to teach or suggest “The system of claim 1, wherein the at least one processor is configured to: generate metadata that is associated with the synthetic video advertisement, wherein the metadata includes at least one of a target audience demographic, a preferred display time, a preferred display channel, a preferred content genre, a geographic location, and a competitive exclusion indicator" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 13 the prior art of record either alone or in reasonable combination fails to teach or suggest “The system of claim 1, wherein the at least one processor is configured to: present, via a user interface, a preview of the synthetic video advertisement; receive, via the user interface, one or more edits to at least one of the textual content, the image content, and the at least one audio track; and render a finalized version of the synthetic video advertisement based on the one or more edits" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 19 the prior art of record either alone or in reasonable combination fails to teach or suggest “The computer-implemented method of claim 14, further comprising: performing one or more aesthetic adjustments on the synthetic video advertisement, wherein the one or more aesthetic adjustments include at least one of blending a background color, adjusting an image brightness, and balancing a visual tone across the plurality of modular elements" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
The closest prior art of record JANG for Claims 7, 11-13, 19 does not teach all the elements in combination with the other limitations of the independent claim. JANG only discloses obtaining input data that includes business attributes associated with a business, choosing based on the one or more business attributes, and producing based on the one or more business attributes, textual content and image content for promoting the business.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EILEEN M ADAMS whose telephone number is 571-270-3688. The examiner can normally be reached on Monday-Friday from 8:30am-4:30pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
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/EILEEN M ADAMS/Primary Examiner, Art Unit 2481
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