Office Action 1: Non-Final Rejection (2024-07-02)
Rejection types: Double Patenting

CLAIMS:
Claims

What is claimed is:

1\. A computer-implemented method for authenticating photographic images using a client device, the method comprising:
opening an image authentication application on a client device;
recording a time at which the image authentication application is opened;
capturing a photographic image using the image authentication application;
receiving, from a user interface of the client device, a request to transmit the photographic image for authentication;
recording a time at which the request is received;
determining whether the time at which the image authentication application is opened and the time at which the request is received are within a given interval; and
responsive to determining the time at which the image authentication application is opened and the time at which the request is received are within a given interval, transmitting the photographic image for authentication.

2\. The computer-implemented method of claim 1, further comprising:
receiving an authenticated image file corresponding to the photographic image after transmitting the photographic image for authentication.

3\. The computer-implemented method of claim 2, wherein the authenticated image file comprises at least one of:
the photographic image;
authenticated image metadata comprising at least one of: an authentication timestamp, an authentication datestamp, and authentication geographic data; and
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a watermarked image, the watermarked image being the photographic image with a visual watermark affixed thereto, wherein the watermarked image indicates the photographic image has been authenticated.

4\. The computer-implemented method of claim 2, further comprising:
sharing the authenticated image file with a third-party user.

5\. The computer-implemented method of claim 1, further comprising:
recording a time and location at which the photographic image is captured as metadata for the photographic image; and
transmitting the metadata with the photographic image.

6\. The computer-implemented method of claim 1, wherein:
the image authentication application allows only photographic image captured using the image authentication application to be transmitted for authentication.

7\. The computer-implemented method of claim 1, wherein:
the image authentication application prohibits the use of any editing tools within the image authentication application.

8\. A system for authenticating photographic images using a client device, comprising:
one or more hardware processors; and
one or more non-transitory machine-readable storage media encoded with instructions that, when executed by the one or more hardware processors, cause the system to perform operations comprising:opening an image authentication application on a client device;
recording a time at which the image authentication application is opened;
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capturing a photographic image using the image authentication application;
receiving, from a user interface of the client device, a request to transmit the photographic image for authentication;
recording a time at which the request is received;
determining whether the time at which the image authentication application is opened and the time at which the request is received are within a given interval; and
responsive to determining the time at which the image authentication application is opened and the time at which the request is received are within a given interval, transmitting the photographic image for authentication.

9\. The system of claim 8, the operations further comprising:
receiving an authenticated image file corresponding to the photographic image after transmitting the photographic image for authentication.

10\. The system of claim 9, wherein the authenticated image file comprises at least one of:
the photographic image;
authenticated image metadata comprising at least one of: an authentication timestamp, an authentication datestamp, and authentication geographic data; and
a watermarked image, the watermarked image being the photographic image with a visual watermark affixed thereto, wherein the watermarked image indicates the photographic image has been authenticated.

11\. The system of claim 9, the operations further comprising:
sharing the authenticated image file with a third-party user.
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12\. The system of claim 8, the operations further comprising:
recording a time and location at which the photographic image is captured as metadata for the photographic image; and
transmitting the metadata with the photographic image.

13\. The system of claim 8, wherein:
the image authentication application allows only photographic image captured using the image authentication application to be transmitted for authentication.

14\. The system of claim 8, wherein:
the image authentication application prohibits the use of any editing tools within the image authentication application.

15\. One or more non-transitory machine-readable storage media encoded with instructions that, when executed by one or more hardware processors of a computing system, cause the computing system to perform operations for authenticating photographic images using a client device, the operations comprising:
opening an image authentication application on a client device;
recording a time at which the image authentication application is opened;
capturing a photographic image using the image authentication application;
receiving, from a user interface of the client device, a request to transmit the photographic image for authentication;
recording a time at which the request is received;
determining whether the time at which the image authentication application is opened and the time at which the request is received are within a given interval; and
responsive to determining the time at which the image authentication application is opened and the time at which the request is received are within a given interval, transmitting the photographic image for authentication.
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16\. The one or more non-transitory machine-readable storage media of claim 15, the operations further comprising:
receiving an authenticated image file corresponding to the photographic image after transmitting the photographic image for authentication.

17\. The one or more non-transitory machine-readable storage media of claim 16, wherein the authenticated image file comprises at least one of:
the photographic image;
authenticated image metadata comprising at least one of: an authentication timestamp, an authentication datestamp, and authentication geographic data; and
a watermarked image, the watermarked image being the photographic image with a visual watermark affixed thereto, wherein the watermarked image indicates the photographic image has been authenticated.

18\. The one or more non-transitory machine-readable storage media of claim 16, the operations further comprising:
sharing the authenticated image file with a third-party user.

19\. The one or more non-transitory machine-readable storage media of claim 15, the operations further comprising:
recording a time and location at which the photographic image is captured as metadata for the photographic image; and
transmitting the metadata with the photographic image.
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20\. The one or more non-transitory machine-readable storage media of claim 15, wherein:
the image authentication application allows only photographic image captured using the image authentication application to be transmitted for authentication.

OFFICE ACTION:
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).
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 unpatentable over claims 1-12 of U.S. Patent No. 9,300,678. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘678 patent include all the limitations of the instant claims.
Instant Application
U.S. Patent No. 9,300,678
opening an image authentication application on a client device; (Claim 1)
opening an image authentication application on a client device; (Claim 7)
recording a time at which the image authentication application is opened; (Claim 1)
recording time information corresponding to when the image authentication application was opened on the client device; (Claim 7)
capturing a photographic image using the image authentication application; (Claim 1)
capturing a photographic image using the image authentication application; (Claim 7)
receiving, from a user interface of the client device, a request to transmit the photographic image for authentication; (Claim 1)
transmitting the photographic image to an authentication server using the image authentication application; (Claim 7)
recording a time at which the request is received; (Claim 1)
…transmission of the photographic image to the authentication server is occurring within a predetermined time…(Claim 7)
determining whether the time at which the image authentication application is opened and the time at which the request is received are within a given interval; (Claim 1)
before transmission of the photographic image to the authentication server, confirming that transmission of the photographic image to the authentication server is occurring within a predetermined time frame after the image authentication application was opened on the client device. (Claim 7)
and responsive to determining the time at which the image authentication application is opened and the time at which the request is received are within a given interval, transmitting the photographic image for authentication. (Claim 1)
before transmission of the photographic image to the authentication server, confirming that transmission of the photographic image to the authentication server is occurring within a predetermined time frame after the image authentication application was opened on the client device. (Claim 7)
Conclusion

APPLICANT REBUTTAL: Res
p
onse to Office Action
Customer No.: 133759
Serial No: 18/347,239
REMARKS
Claims 1-20 are all the claims pending in the Application.
The Examiner has rejected claims 1-20 as being unpatentable over claims 1-12 of U.S.
Patent No. 9,300,678 under the judicially created doctrine of obviousness-type double patenting. While Applicant disagrees with the rejection, it has filed an applicable Terminal Disclaimer and requests its withdrawal.
In view of the foregoing, it is respectfully submitted that claims 1-20 are allowable.
Thus, it is respectfully submitted that the application now is in condition for allowance with all of the claims 1-20.
If any points remain in issue which the Examiner feels may be best resolved through a personal or telephone interview, the Examiner is kindly requested to contact the undersigned at the telephone number listed below.
Respectfully submitted, SHEPPARD MULLIN RICHTER & HAMPTON LLP

NEXT OFFICE ACTION: 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 .
Terminal Disclaimer
The terminal disclaimer filed on 22 August 2024 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 9,300,678 has been reviewed and is accepted.  The terminal disclaimer has been recorded.
Response to Arguments
Applicant argues on page 2 of the response, “The Examiner has rejected claims 1-20 as being unpatentable over claims 1-12 of U.S. Patent No. 9,300,678 under the judicially created doctrine of obviousness-type double patenting…it has filed an applicable Terminal Disclaimer and requests its withdrawal.” This argument has been fully considered and is persuasive. Therefore, the previous rejections have been withdrawn.
Allowable Subject Matter
Claims 1-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
This communication warrants No Examiner's Reason for Allowance, applicant's reply from parent application 14/816,712 (12/4/2015) makes evident the reasons for allowance, satisfying the “record as a whole” proviso of the rule 37 CFR 1.104(e). Specifically, applicant’s arguments with respect to the amended claim language filed on 04 December 2015 in parent application 14/816,712, are persuasive, as such the reasons for allowance are in all probability evident from the record and no statement is deemed necessary (see MPEP 1302.14).
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

CITED REFERENCE SUMMARIES: Ref US9300678: Claims:
1. A method, comprising:
providing an image authentication application for use on a client device, the image authentication application configured to control image capture and image transmission by the client device;
receiving an image data file from the image authentication application at an authentication server, the image data file comprising a photographic image captured by the image authentication application on the client device and metadata associated with the photographic image;
using the metadata to verify that the image data file has satisfied one or more timing requirements, wherein the one or more timing requirements comprises a requirement that the image data file was received at the authentication server within a predetermined time frame after the image authentication application was opened on the client device;
applying an authentication indicator to the photographic image to create a tagged image at the authentication server;
applying date and time information to the tagged image at the authentication server;
creating a resource location identifier associated with the image data file, the resource location identifier identifying a file location;
uploading the photographic image, the tagged image, or both to the file location identified by the resource location identifier; and
transmitting an authenticated image file to the client device, the authenticated image file comprising one or more of: the tagged image, the photographic image, the date and time information, and the resource location identifier.
2. The method of claim 1, wherein the one or more timing requirements comprises a requirement that the image data file was received at the authentication server within a predetermined time frame after the photographic image was captured by the image authentication application.
3. The method of claim 1, wherein receipt of the image data file from the application indicates that the image authentication application has verified that the image data file has satisfied one or more timing requirements.
4. The method of claim 1, wherein the one or more timing requirements comprises a requirement that the image authentication application received a request to transmit the image data file to the authentication server within a predetermined time frame after the photographic image was captured by the image authentication application.
5. The method of claim 1, wherein the one or more timing requirements comprises a requirement that the image authentication application received a request to transmit the image data file to the authentication server within a predetermined time frame after the image authentication application was opened on the client device.
6. The method of claim 1, wherein the authenticity indicator comprises a visual watermark applied to the photographic image.
7. A method comprising:
opening an image authentication application on a client device;
capturing a photographic image using the image authentication application;
transmitting the photographic image to an authentication server using the image authentication application;
receiving an authenticated image file on the client device from the authentication server, the authenticated image file comprising
an authenticated image that has been authenticated by the authentication server;
authenticated date and time information provided by the authentication server and associated with the authenticated image, and
a resource location identifier associated with the authenticated image identifying a file location, wherein a third party viewer may visit the file location to view the photographic image, the authenticated image, or both;
sharing the authenticated image file;
recording time information corresponding to when the image authentication application was opened on the client device; and
before transmission of the photographic image to the authentication server, confirming that transmission of the photographic image to the authentication server is occurring within a predetermined time frame after the image authentication application was opened on the client device.
8. The method of claim 7, wherein the authenticated image comprises a watermark indicating that the authenticated image has been authenticated by the authentication server.
9. The method of claim 7 further comprising:
recording time information corresponding to when the photographic image was captured using the image authentication application; and
before transmission of the photographic image to the authentication server, confirming that transmission of the photographic image to the authentication server is occurring within a predetermined time frame after the photographic image was captured using the image authentication application.
10. A photographic image data authentication system comprising:
a client device having an image authentication application; and
an authentication server in communication with the client device over a wide area network, wherein the image authentication application on the client device is configured to
capture image data, wherein the image data comprises a photograph, a video or both,
receive a command to transmit the image data to the authentication server,
determine whether the command to transmit the image data to the authentication server satisfies one or more time or geographic restrictions, and if the one or more time or geographic restrictions are satisfied,
transmit the image data to the authentication server for authentication,

and further wherein the authentication server is configured to
apply authenticated time and date information to the image data,
apply an authentication indicator to the image data to create tagged image data, the tagged image data comprising a tagged image, a tagged video or both,
create a resource location identifier associated with the image data, the resource location identifier specifying a file location, and
transmit an authenticated image file to the client device,

the authenticated image file comprising
the tagged image data,
the authenticated time and date information, and
the resource location identifier,

wherein the one or more time or geographic restrictions comprises a restriction that the image authentication application must receive a request to transmit the image data to the authentication server within a predetermined time frame after the image authentication application is opened on the client device.
11. The system of claim 10, wherein the one or more time or geographic restrictions comprises a restriction that the image authentication application must receive a request to transmit the image data to the authentication server within a predetermined time frame after the image data has been captured by the image authentication application.
12. The system of claim 10, wherein the authentication indicator comprises a watermark, and the tagged image data comprises a watermarked image, a watermarked video, or both.