DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This is in reply to an Amendment filed on June 10, 2026 regarding Application No. 19/289,564. Applicants amended claims 1-2, 6, 9-10, 14, and 17. Claims 1-20 are pending.
Priority
The instant application is a continuation of Application No. 18/374,387, filed on September 28, 2023, now Patent No. 12,399,612, which claims priority to Application No. 14/696,166, filed on April 24, 2015, now Patent No. 11,797,172, which claims priority to provisional Application No. 62/129,639, filed on March 6, 2015.
Response to Arguments
Applicants’ amendments to the specification and remarks (Remarks, p. 12) regarding objection to the specification are acknowledged. In view of the amendments, the objections are moot.
Applicants’ amendment to the drawings and remarks (Remarks, p. 12) regarding objection to the drawings are acknowledged. In view of the corrected drawing, the objection is moot.
Applicants’ amendments to claims 1, 6, 9, 14, and 17 and remarks (Remarks, pp. 12-13) regarding claim objections are acknowledged. In view of the amendments, the objections are moot.
Applicants’ amendments to claims 1, 9, and 17 and arguments (Remarks, pp. 13-14) regarding claim rejections under 35 U.S.C. 112(b) are acknowledged. In view of the amendments, the rejections are moot.
Applicants’ arguments (Remarks, p. 14) regarding double patenting are acknowledged. The double patenting rejections, however, are maintained.
For the reasons discussed above and in the rejections, pending claims 1-20 are not allowable.
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.
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of Patent No. US 12,399,612. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims.
Instant Application
Patent No. US 12,399,612
1. A method for sharing an image with one or more overlays on a mobile platform, the method comprising:
receiving an image;
adding an overlay to the received image, wherein the overlay is a generated content conveying an impression of a user when viewing the received image;
recognizing by matching the overlay to a set of templates for identifying a template intended by the overlay;
assigning the template which is recognized with the overlay to the received image;
superimposing the template onto the received image to create a new image, wherein the new image indicates the conveyed impression of the user; and
transmitting the new image to a third party through a communication network.
5. The method of claim 1, further comprising saving the new image into a file, wherein the file includes information regarding a review directed to content displayed in the received image and correlated to the conveyed impression.
1. A method for sharing an image with one or more overlays on a mobile platform, the method comprising:
receiving an image;
adding an overlay to the received image, wherein the overlay is a generated content conveying an impression when viewing the received image;
recognizing by matching the overlay to a set of templates for identifying a template intended by the overlay;
assigning the template which is recognized with the overlay to the received image;
superimposing the template onto the received image to create a new image, wherein the new image indicates the conveyed impression; and
saving the new image into a file, wherein the file includes information regarding a review directed to content displayed in the received image and correlated to the conveyed impression.
2. The method of claim 1, further comprising transmitting the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
2. The method of claim 1,
wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
2. The method of claim 1, further comprising transmitting the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
3. The method of claim 1, wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
3. The method of claim 1, wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
4. The method of claim 1, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
4. The method of claim 1, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
5. The method of claim 1, wherein the assigned template is deletable.
6. The method of claim 1, further comprising:
detecting a touch event; and
displaying another image in response to detecting the touch event,
wherein the touch event comprises taps, swipes, pinches, or flicks.
6. The method of claim 1, further comprising:
detecting a touch event; and
displaying another image in response to detecting the touch event,
wherein the touch event comprises taps, swipes, pinches, or flicks.
7. The method of claim 1, wherein the received image identifies at least one item for purchase on the mobile platform.
7. The method of claim 1, wherein the received image identifies at least one item for purchase on the mobile platform.
8. The method of claim 1, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
8. The method of claim 1, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
9. A non-transitory computer readable storage medium having embedded therein program instructions, when executed by one or more processors of a computer, causes the computer to execute a process for sharing an image with one or more overlays on a mobile platform, the process comprising:
receiving an image;
adding an overlay to the received image, wherein the overlay is a generated content conveying an impression of a user when viewing the received image;
recognizing by matching the overlay to a set of templates for identifying a template intended by the overlay;
assigning the template which is recognized with the overlay to the received image;
superimposing the template onto the received image to create a new image, wherein the new image indicates the conveyed impression of the user; and
transmitting the new image to a third party through a communication network.
9. A non-transitory computer readable storage medium having embedded therein program instructions, when executed by one or more processors of a computer, causes the computer to execute a process for sharing an image with one or more overlays on a mobile platform, the process comprising:
receiving an image;
adding an overlay image to the received image, wherein the overlay is a generated content conveying an impression when viewing the received image;
recognizing by matching the overlay to a set of templates for identifying a template intended by the overlay;
assigning the template which is recognized with the overlay to the received image;
superimposing the template onto the received image to create a new image, wherein the new image indicates the conveyed impression; and
saving the new image into a file, wherein the file includes information regarding a review directed to content displayed in the received image and correlated to the conveyed impression.
10. The non-transitory computer readable storage medium of claim 9, wherein the process further comprises transmitting the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
10. The non-transitory computer readable storage medium of claim 9,
wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
10. The non-transitory computer readable storage medium of claim 9, wherein the process further comprises transmitting the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the communication network comprises a social network.
11. The non-transitory computer readable storage medium of claim 9, wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
11. The non-transitory computer readable storage medium of claim 9, wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
12. The non-transitory computer readable storage medium of claim 9, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
12. The non-transitory computer readable storage medium of claim 9, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
13. The non-transitory computer readable storage medium of claim 9, wherein the assigned template is deletable.
13. The non-transitory computer readable storage medium of claim 9, wherein the assigned template is deletable.
14. The non-transitory computer readable storage medium of claim 9, wherein the process further comprises:
detecting a touch event; and
displaying another image in response to detecting the touch event,
wherein the touch event includes taps, swipes, pinches, or flicks.
14. The non-transitory computer readable storage medium of claim 9, wherein the process further comprises:
detecting a touch event; and
displaying another image in response to detecting the touch event,
wherein the touch event includes taps, swipes, pinches, or flicks.
15. The non-transitory computer readable storage medium of claim 9, wherein the received image identifies at least one item for purchase on the mobile platform.
15. The non-transitory computer readable storage medium of claim 9, wherein the received image identifies at least one item for purchase on the mobile platform.
16. The non-transitory computer readable storage medium of claim 9, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
16. The non-transitory computer readable storage medium of claim 9, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
17. A system for sharing an image with one or more overlays on a mobile platform, the system comprising:
an input interface configured to receive an image;
a processor coupled to the input interface configured to:
add an overlay to the received image, wherein the overlay is a generated content conveying an impression of a user when viewing the received image;
recognize by matching the overlay to a set of templates for identifying a template intended by the overlay;
assign the template which is recognized with the overlay to the received image;
superimpose the template onto the received image to create a new image, wherein the new image indicates the conveyed impression of the user; and
transmit the new image to a third party through a communication network.
.
17. A system for sharing an image with one or more overlays on a mobile platform, the system comprising:
an input interface configured to receive an image;
a processor coupled to the input interface configured to:
add an overlay to the received image, wherein the overlay is a generated content conveying an impression when viewing the received image;
recognize by matching the overlay to a set of templates for identifying a template intended by the overlay;
assign the template which is recognized with the overlay to the received image;
superimpose the template onto the received image to create a new image, wherein the new image indicates the conveyed impression; and
saving the new image into a file, wherein the file includes information regarding a review directed to content displayed in the received image and correlated to the conveyed impression.
18. The system of claim 17, wherein the processor is further configured to transmit the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
18. The system of claim 17,
wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
18. The system of claim 17, wherein the processor is further configured to transmit the new image to a third party through a communication network, wherein the third party is a singular entity or a plurality of entities, and wherein the assigned template is the added overlay when the overlay is not recognized as matching to the set of templates.
19. The system of claim 17, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
19. The system of claim 17, wherein the added overlay comprises textual information, numerical information, and/or a combination thereof, the textual information being communicated in any language.
20. The system of claim 17, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
20. The system of claim 17, wherein the received image further comprises a display context having a temporal context, and wherein the display context further comprises a display image of a watch dial, and symbols corresponding to hours on the watch dial, each symbol representing a category of at least one offer of an item for purchase.
Conclusion
Applicants’ amendments necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. Kiyabu whose telephone number is (571) 270-7836. The examiner can normally be reached Monday to Thursday 9:00 A.M. - 5:00 P.M. ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae, can be reached at (571) 272-3017. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/K. K./
Examiner, Art Unit 2626
/TEMESGHEN GHEBRETINSAE/Supervisory Patent Examiner, Art Unit 2626 7/14/26
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