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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/30/25 and 11/25/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,373,161. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1 of the instant application:
Claim 1 of instant application:
Claim 11 of US 12,373,161
A system comprising:
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:
displaying a capture user interface for capturing video to generate a media content item;
providing an audio selection element within the capture user interface, the audio selection element being selectable to select an audio track for the media content item;
receiving, via the audio selection element, user input selecting the audio track; and
providing, based on the user input, for capturing video in association with the selected audio track for generating the media content item,
wherein the capture user interface includes a selection interface for presenting a set of augmented reality content items, each augmented reality content item within the set of augmented reality content items being selectable to apply respective augmented reality content to the video, and
wherein in a case where the respective augmented reality content includes accommodating audio, the accommodating audio is muted and replaced with the selected audio track in order to generate the media content item.
A system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the processor to perform operations comprising:
displaying, by a messaging application running, a capture user interface for capturing video;
providing, by the messaging application, a camera mode selection element within the capture user interface, the camera mode selection element being selectable to switch between a first camera mode and a second camera mode, the first camera mode for capturing a single video clip to generate a media content item, and the second camera mode for capturing multiple video clips for combining to generate the media content item;
providing, by the messaging application, an audio selection button and an audio selection element within the capture user interface, each of the audio selection button and the audio selection element being selectable to select an audio track for the media content item;
receiving, by the messaging application and via the camera mode selection element, first user input selecting the second camera mode;
receiving, by the messaging application and via the audio selection button or the audio selection element, second user input selecting the audio track; and
providing, by the messaging application and based on the first and second user input, for capturing multiple video clips in association with the selected audio track for generating the media content item,
wherein the capture user interface in accordance with the second camera mode includes a preview button which is selectable to switch from the capture user interface to a preview user interface, the preview user interface being separate from the capture user interface, the preview user interface for previewing, modifying and selecting a playback option for the multiple video clips in association with the selected audio track, in order to generate the media content item,
wherein the capture user interface includes a carousel interface for presenting a set of augmented reality content items, each augmented reality content item within the set of augmented reality content items being selectable to apply respective augmented reality content to the multiple video clips, and
wherein in a case where the respective augmented reality content includes accommodating audio, the accommodating audio is muted and replaced with the selected audio track in order to generate the media content item
As noted in the table above, the limitations of claim 1 of the instant application is broader than and fully encompassed by the corresponding limitations of claim 11 of US 12,373,161. Therefore, each and every limitation of claim 1 of the instant application is anticipated and rejected under Double Patenting provisions.
Method claim 8 and NTCRM claim 15 are similarly rejected in the same manner due to the narrower limitations presented in claims 1 and 19 of US 12,373,161, respectively.
Dependent claims 2-7, 9-14 and 16-20 are also rejected for narrower or equivalent limitations presented in claims 2-9, 12-18 and 20 of US 12,373,161.
Therefore, the totality of claims 1-20 are fully anticipated by claims 1-20 of US 12,373,161 and rejected under Double Patenting provisions.
Allowable Subject Matter over Prior Art (Pending Double Patenting Rejection)
Claims 1-20 recite allowable limitations over the prior art for the same reasons as discussed in parent application 17/556,802 (now US 12,373,161) in the NOA mailed 4/4/25, however, the Double Patenting rejection prevents immediate allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELEK W TOPGYAL whose telephone number is (571)272-8891. The examiner can normally be reached M-F (9:30-6 PST).
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/GELEK W TOPGYAL/Primary Examiner, Art Unit 2481
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