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 .
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).
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Claims1, 4-13, 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1, 3-11, 16-19 of U.S. Patent No. 12,444,195. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No.12,444,195
Application No.19/297,815
Claim1 recites a method comprising: receiving a video at a video editing system from a client device;
extracting a plurality of key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video;
receiving the video narrative from the generative AI model in a response to the narrative generation prompt;
transmitting a tag generation prompt to the
generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags; ranking the retrieved set of songs based on the retrieved set of scores;
and transmitting the ranked set of songs for display to client device through a video editing interface.
Claim1 recites a method comprising: receiving a video at a video editing system from a client device;
extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video;
receiving the video narrative from the generative Al model in a response to the narrative generation prompt;
generating a query for an audio tagging system based on the received video narrative;
retrieving a set of songs and a set of scores from the audio tagging system using the generated query;
and transmitting the set of songs for display to client device through a video editing interface.
Claim1 recites…transmitting a narrative
generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags;…
Claim4 recites the method of claim 1, generating the query for the audio tagging system comprises:
generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video;
and generating the query based on the plurality of descriptor tags.
Claim6 recites the method of claim 1, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the
candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim7 recites the method of claim 1, wherein the tag generation prompt comprises the video narrative.
Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative
Claim8 recites the method of claim 1, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags;
and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags;
and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim9 recites the method of claim 8, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim3 recites the method of claim 1, wherein extracting the plurality of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device.
Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device.
Claim4 recites the method of claim 1, wherein extracting a plurality of key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video.
Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video.
Claim5 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video.
Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video.
Claim10 recites the he method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs;
and modifying the video to include the selected song.
Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the set of songs;
and modifying the video to include the selected song.
Claim11 recites a non-transitory computer-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations comprising:
receiving a video at a video editing system from a client device; extracting a plurality of key frames from the video using a key frame extraction algorithm;
transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video;
receiving the video narrative from the generative AI model in a response to the narrative generation prompt;
transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags; ranking the retrieved set of songs based on
the retrieved set of scores;
and transmitting the ranked set of songs for display to client device through a video editing interface.
Claim13 recites a non-transitory computer-readable medium storing computer-executable instructions that, when executed, cause a processor to perform operations comprising:
receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm;
transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video;
receiving the video narrative from the generative AI model in a response to the narrative generation prompt;
generating a query for an audio tagging system based on the received video narrative;
retrieving a set of songs and a set of scores from the audio tagging system using the generated query;
transmitting the ranked set of songs for display to client device through a video editing interface.
Claim11 recites a non-transitory computer-readable medium …
transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags…
Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags.
Claim16 recites the computer-readable medium of claim 11, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim17 recites the computer-readable medium of claim 11, wherein the tag generation prompt comprises the video narrative.
Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative.
Claim18 recites the computer-readable medium of claim 11, wherein retrieving the set of songs comprises:
receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags;
and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority
Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises:
receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags;
and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim19 recites the computer-readable medium of claim 18, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/367,541. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the co-pending application anticipates the claims of the present application.
Application No.19/297,815
Co-pending Application No.19/367,541
Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative Al model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query;
and transmitting the set of songs for display to client device through a video editing interface.
Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative Al model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; ranking the retrieved set of songs based on the retrieved set of scores;
and transmitting the ranked set of songs for display to client device through a video editing interface.
Claim2 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description.
Claim2 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description.
Claim3 recites the method of claim 2, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt.
Claim3 recites the method of claim 2, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt.
Claim4 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags.
Claim4 recites the method of claim 1, generating the query for the audio tagging system 4. comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags.
Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the
candidate list of descriptor tags to generate the plurality of descriptor tags.
Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative.
Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative
Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device.
Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from 9. the video comprises: receiving a number of key frames to extract from the video from the client device.
Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video.
Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video.
Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video.
Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video.
Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs; and modifying the video to include the selected song.
Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs; and modifying the video to include the selected song.
Claim13 recites a non-transitory computer-readable medium storing computer-executable 13. instructions that, when executed, cause a processor to perform operations comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative;
retrieving a set of songs and a set of scores from the audio tagging system using the generated query;
and transmitting the set of songs for display to client device through a video editing interface.
Claim13 recites a non-transitory computer-readable medium storing computer-executable 13. instructions that, when executed, cause a processor to perform operations comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative;
retrieving a set of songs and a set of scores from the audio tagging system using the generated query; ranking the retrieved set of songs based on the retrieved set of scores;
and transmitting the ranked set of songs for display to client device through a video editing interface.
Claim14 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description.
Claim14 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description.
Claim15 recites the computer-readable medium of claim 14, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt.
Claim15 recites the computer-readable medium of claim 14, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt.
Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags.
Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags.
Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor
tags.
Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor
tags.
Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative.
Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative.
Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority.
Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/ Primary Examiner, Art Unit 2484