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 .
Status of Claims
This action is in reply to the claims filed on 12 June 2025.
Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The Information Disclosure Statements filed on 12 June 2025, 04 September 2025, 11 March 2026, 09 July 2026, and 06 August 2026, have been considered. An initialed copy of the Forms 1449 is enclosed herewith.
Allowable Subject Matter
Claims 1-20 recite allowable subject matter for reasons given below, and would be allowable if the claims were re-written, amended, or terminal disclaimer filed, to overcome the double patenting rejection indicated in this Office Action.
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 1-20 are rejected on the ground of nonstatutory double patenting as being anticipated by claims 1-18 and 22 of U.S. Patent No. 12,361,475, hereinafter referred to as ‘475.
Instant Claim 1
Patent ‘475 Claim X
A method, comprising:
A method, comprising:
receiving, by a messaging application running on a device of a user, a request to present augmented reality content in association with live video captured by a device camera, the live video depicting a face of the user;
receiving, by a messaging application running on a device of a user, a request to present augmented reality content in association with live video captured by a device camera, the live video depicting a face of the user;
accessing, in response to receiving the request, an augmented reality content item configured to generate a plurality of completed looks with respect to applying makeup to the face;
accessing, in response to receiving the request, an augmented reality content item configured to generate a plurality of completed looks with respect to applying makeup to the face;
displaying, based on accessing the augmented reality content item, a tile view of the plurality of completed looks, each tile within the tile view depicting an overlay on the face of the user depicted in the live video, each overlay corresponding to real-time application of makeup for a respective completed look of the plurality of completed looks,
displaying, based on accessing the augmented reality content item, a tile view of the plurality of completed looks, each tile within the tile view depicting an overlay on the face of the user depicted in the live video, each overlay corresponding to real-time application of makeup for a respective completed look of the plurality of completed looks,
wherein the tile view includes a first user-selectable element for generating a media content item which includes the tile view;
wherein the tile view includes a first user-selectable element for generating a media content item which includes the tile view;
receiving user input selecting a first tile within the tile view, the first tile corresponding to a first completed look of the plurality of completed looks; and
receiving user input selecting a first tile within the tile view, the first tile corresponding to a first completed look of the plurality of completed looks; and
switching, in response to receiving the user input, away from display of the tile view and to a single view, the single view including a set of makeup products associated with the first completed look,
switching, in response to receiving the user input, away from display of the tile view and to a single view, the single view including a set of makeup products associated with the first completed look,
wherein the single view includes a second user-selectable element for generating a media content item which includes the single view, and
wherein the single view includes a second user-selectable element for generating a media content item which includes the single view, and
wherein the tile view includes a third user-selectable element for switching between a rear-facing camera and a front-facing camera with respect to single view, and
a fourth user-selectable element for activating or deactivating a flash with respect to the single view.
wherein the tile view includes a third user-selectable element for switching between a rear-facing camera and a front-facing camera with respect to each tile in the tile view, and a fourth user-selectable element for activating or deactivating a flash with respect to each tile in the tile view.
It is noted that the feature in the instant claims of with respect to a single view and the single view, is the same as the patent ‘475 claimed with respect to each file in the time view and the tile view, as the claimed tile view and single view in the instant claim and the patent claim, includes the set of makeup products.
Instant Claim 2
Patent ‘475 Claim 2
wherein each completed look of the plurality of completed looks is associated with applying makeup to plural regions of the face, and
wherein each completed look of the plurality of completed looks is associated with applying makeup to plural regions of the face, and
wherein each makeup product within the set of makeup products is user-selectable for applying to one of the plural regions of the face.
wherein each makeup product within the set of makeup products is user-selectable for applying to one of the plural regions of the face.
Instant Claim 3
Patent ‘475 Claim 3
receiving, via the single view, second user input selecting a makeup product from among the set of makeup products;
receiving, via the single view, second user input selecting a makeup product from among the set of makeup products;
receiving, via the single view, third user input corresponding to application of the selected makeup product, for updating display of the face with respect to the completed look for the selected makeup product; and
receiving, via the single view, third user input corresponding to application of the selected makeup product, for updating display of the face with respect to the completed look for the selected makeup product; and
updating display of the face based on the third user input.
updating display of the face based on the third user input.
Instant Claim 4
Patent ‘475 Claim 4
wherein the augmented reality content item is configured to generate a mesh for tracking the plural regions of the face.
wherein the augmented reality content item is configured to generate a mesh for tracking the plural regions of the face.
Instant Claim 5
Patent ‘475 Claim 5
wherein updating display of the face comprises:
wherein updating display of the face comprises:
determining a region of the plural regions corresponding to the third user input; and
determining a region of the plural regions corresponding to the third user input; and
displaying an overlay corresponding to the selected makeup product with respect to the determined region, such that the selected makeup product is depicted as being applied to the determined region of the face.
displaying an overlay corresponding to the selected makeup product with respect to the determined region, such that the selected makeup product is depicted as being applied to the determined region of the face.
Instant Claim 6
Patent ‘475 Claim 6
receiving, via the single view, second user input selecting a makeup product from among the set of makeup products;
receiving, via the single view, second user input selecting a makeup product from among the set of makeup products;
receiving, via the single view, third user input to add the selected makeup product to a shopping cart associated with a user account of the user; and
receiving, via the single view, third user input to add the selected makeup product to a shopping cart associated with a user account of the user; and
providing, in response to receiving the third user input, for updating the shopping cart with the selected makeup product.
providing, in response to receiving the third user input, for updating the shopping cart with the selected makeup product.
Instant Claim 7
Patent ‘475 Claim 7
displaying, by the messaging application, a carousel interface for selecting the augmented reality content item from among plural augmented reality content items; and
displaying, by the messaging application, a carousel interface for selecting the augmented reality content item from among plural augmented reality content items; and
receiving, via the carousel interface, user selection of the augmented reality content item from among the plural augmented reality content items, wherein the request corresponds to the user selection.
receiving, via the carousel interface, user selection of the augmented reality content item from among the plural augmented reality content items, wherein the request corresponds to the user selection.
Instant Claim 8
Patent ‘475 Claim 22
wherein the tile view includes a fifth user-selectable element for switching between the rear-facing camera and the front-facing camera with respect to each tile in the tile view, and a sixth user-selectable element for activating or deactivating the flash with respect to each tile in the tile view.
wherein the single view includes a fifth user-selectable elements for switching between the rear-facing camera and the front-facing camera with respect to the single view, and a sixth user-selectable element for activating or deactivating the flash with respect to the single view.
Regarding claim 9, claim 9 is directed to a system (device). Claim 9 recites limitations that are similar in nature to those addressed above for claim 1 which is directed towards a method. Claim 9 also recites at least one processor; and a memory storing instructions that, when executed by the at least one processor, configure the at least one processor to perform operations comprising (disclosed by ‘475, see claim 8). Claim 9 is therefore rejected for the same reasons as set forth above for claim 1.
Regarding claims 10-16, claims 10-16 are directed to a system. Claims 10-16 recite limitations that are parallel in nature to those addressed above for claims 2-8 which are directed towards a method. Claims 10-16 are therefore rejected for the same reasons as set forth above for claims 2-8 respectively.
Regarding claim 17, claim 17 is directed to a product of manufacture (non-transitory computer-readable storage medium. Claim 17 recites limitations that are similar in nature to those addressed above for claim 1 which is directed towards a method. Claim 17 also recites a non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computer, cause the computer to perform operations comprising (disclosed by ‘475, see claim 15). Claim 17 is therefore rejected for the same reasons as set forth above for claim 1.
Regarding claims 18-20, claims 18 are directed to a product of manufacture. Claims 18-20 recite limitations that are parallel in nature to those addressed above for claims 2-4 which are directed towards a method. Claims 18-20 are therefore rejected for the same reasons as set forth above for claims 2-4 respectively.
Reasons for Allowable Subject Matter
Prior Art Considerations:
Upon review of the evidence at hand, it is concluded that the totality of evidence in combination, neither anticipates, reasonably teaches, nor renders obvious the below noted features of the Applicant’s invention.
Regarding the independent claims, the features are as follows:
wherein the tile view includes a third user-selectable element for switching between a rear-facing camera and a front-facing camera with respect to each tile in the tile view, and a fourth user-selectable element for activating or deactivating a flash with respect to each tile in the tile view.
The most apposite prior art of record includes Sartori Odizzio, A., et al. (PGP No. US 2018/0075524 A1), in view of Grantham, M., et al. (PGP No. US 2020/0104020 A1), Goldberg, D., et al. (PGP No. US 2021/0065285 A1), and Mitchell, K., et al. (PGP No. US 2017/0352092 A1), to teach a method for augmented reality content.
The references in combination teach the method of an application to present augmented reality content that is associated with a video captured by a device and depicting a face of a user (Sartori Odizzio, see: paragraphs [0038] and [0095]). Sartori Odizzio further describes that the products can be presented in views a plurality of completed makeup looks, which can be applied to the image of the face of the user and overlaid over the image to show what the products would look like on the user’s face (Sartori Odizzio, see: paragraph [0095]), and displayed to the user with a completed look (Sartori, see).
The reference of Goldberg is relied upon to demonstrate a tile view, as described as display frames in Goldberg, that are displayed to a user with options of frames to select from (Goldberg, see: paragraph [0088]). Goldberg also describes that the images of the user’s face are captured in real-time in order to depict what the frames would look like if the user were to wear them (Goldberg, see: paragraphs [0006], [0088] and [0090]). Goldberg also describes that the user may virtually try on the frames of choice and the fitting servers perform a fitting operation, and then displaying both the information regarding the fit and the virtual try-on information, integrated into one display (Goldberg, see: paragraph [0090] and [0095]).
Next, the reference of Grantham is relied upon to teach the features of a live video that is captured from a user device, that may be used to further overlay media content, such as selectable features of audio or visual effects, to be included over the live video that has been captured by the user device (Grantham, see: paragraph [0038]).
Further, the reference of Mitchell describes a virtual apparel fitting application, that utilizes an image taken of a garment and can create a composite image of a user wearing the garment in the image, and further includes a garment carousel that can be navigated by the user to choose garments to virtually try-on, superimposing the garments over an image of the user’s body (Mitchell, see: paragraph [0120] and [0146], as well as FIG. 12). Although Mitchell describes the features of the carousel garment, Mitchell does not disclose or describe the allowable features as indicated above.
Although the relied upon references teach the features above, the references of Sartori Odizzio, Goldberg, Grantham, and Mitchell do not disclose or teach the allowable subject matter, as indicated above.
The Examiner further emphasizes the claims as a whole and hereby asserts that the totality of the evidence fails to set forth, either explicitly or implicitly, an appropriate rationale for further modification of the evidence at hand to arrive at the claimed invention. Moreover, the combination of features of independent claims, would not have been obvious to one of ordinary skill in the art because any combination of evidence at hand to reach the combination of features as claimed would require substantial reconstruction of Applicant’s claimed invention relying on improper hindsight bias and resulting in an inappropriate combination.
It is hereby asserted by the Examiner, that in light of the above and in further deliberation over all of the evidence at hand, that the claims now recite allowable subject matter, as the evidence at hand does not anticipate the claims and does not render obvious any further modification of the references to a person of ordinary skill in the art.
Examiner’s Comment
The Examiner notes that the non-patent literature document, titled Virtual Makeup Try on Tool, published on Maybelline.com (2020), documented on PTO-892 form as reference U, and hereinafter referred to as ‘Virtual’, describes and renders a website for a user to try on makeup looks to find the most perfect shades of makeup products. The website allows the user to utilize a live camera or upload a photograph of themselves, browse the makeup products by category, and select the specific products to try, where once the user has selected products to try, the website allows for a slider feature to compare a before and after image of the user with and without the product applied virtually. Although ‘Virtual’ describes such features, the NPL does not disclose or teach the allowable features that are stated above, and the NPL does not remedy the deficiencies of the noted prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY PRESTON whose telephone number is (571)272-4399. The examiner can normally be reached M-F 9-5.
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/ASHLEY D PRESTON/Primary Examiner, Art Unit 3688
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