Patent Application 18331494 - AUTOMATED PRODUCTION PLAN FOR PRODUCT VIDEOS

Title: AUTOMATED PRODUCTION PLAN FOR PRODUCT VIDEOS

Application Information

Invention Title: AUTOMATED PRODUCTION PLAN FOR PRODUCT VIDEOS
Application Number: 18331494
Submission Date: 2025-05-16T00:00:00.000Z
Effective Filing Date: 2023-06-08T00:00:00.000Z
Filing Date: 2023-06-08T00:00:00.000Z
National Class: 725
National Sub-Class: 060000
Examiner Employee Number: 78595
Art Unit: 3688
Tech Center: 3600

Rejection Summary

102 Rejections: 1
103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

US 0050083🔗

Office Action Text

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 .

1. Claims 1-25 filed 06/08/2023 are pending for examination.
2. Continuity: This application filed 06/08/2025 does not claim priority to earlier applications.
3. No IDS has been filed.

Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Claims 1-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more, when analyzed as per MPEP 2106.
Step 1 analysis:
Claims 1-12 are to a process comprising a series of steps, clams 13-25 to a system /apparatus, which are statutory (Step 1: Yes).

4.1. Step 2A analysis for claims 13-25:

Claim13 recites:
13. A system for automatically generating a product video, the system comprising:
a plurality of equipment items; at least one memory for storing computer-executable instructions; and at least one processor for executing the instructions stored on the at least one memory, wherein execution of the instructions programs the at least one processor to perform operations comprising:
(i) receiving a product and a product identifier corresponding to the product;
(ii) collecting physical product data of the product;
(iii) receiving digital product data associated with the product identifier from at least one digital source;
(iv) combining the physical product data and the digital product data into a combined product data structure;
(v) generating a production plan for the product video based on the combined product data structure; and
(vi) automatically operating at least one equipment item of the plurality of equipment items to record the product video based on the production plan.

Step 2A Prong 1 analysis: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.

The highlighted limitations comprising, “receiving a product and a product identifier , because corresponding to the product; collecting physical product data of the product; receiving digital product data associated with the product identifier; stored generating a production plan for the product video;”, under their broadest reasonable interpretation, fall under “Mental Processes” requiring a human operator can collect collecting data physical product data of the product, such as text, notes, description, photos/images, etc. and digital data related to the product stored on a physical disc like CDS, DVDs, and Blu-rays to be used generating a production plan for the product video. The mere nominal recitation of by a processor does not take the claim limitations out of the mental process grouping. Therefore, the claim 13 and its dependent claims 14-25 recite a mental process.
Thus, claims 13-25 recite abstract idea.

Step 2A Prong 2 analysis: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
Claims 13-25: The judicial exception is integrated into a practical application.
Reference claim 13, it recites additional elements comprising a processor executing the steps (i) receiving a product and a product identifier corresponding to the product; (ii)collecting physical product data of the product; (iii)receiving digital product data associated with the product identifier from at least one digital source; (iv)combining the physical product data and the digital product data into a combined product data structure; (v)generating a production plan for the product video based on the combined product data structure; and (vi) automatically operating at least one equipment item of the plurality of equipment items to record the product video based on the production plan. The limitations in steps (i), (ii) and (iii) are mere data gathering recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). The processor in these steps is recited at a high level of generality and is used as a tool to perform the generic computer function of receiving data. See MPEP 2106.05(f). The processor in step (v)” generating a production plan for the product video based on the combined product data structure” is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f).
Limitations in steps “(iv) combining the physical product data and the digital product data into a combined product data structure; (v)generating a production plan for the product video based on the combined product data structure; and (vi) automatically operating at least one equipment item of the plurality of equipment items to record the product video based on the production plan.”, in combination recite a specific computer solution of being able to automatically operating at least one equipment item of the plurality of equipment items to record the product video based on the production plan based on the combined product data structure of the physical product data and the digital product data, providing meaningful limits on practicing the abstract idea and integrates the abstract idea into a practical application, beyond linking the use of the abstract idea to a particular technological environment. As such, the claim 13 and its dependent claims recite eligible subject matter.
Thus, claims 13-25 are patent eligible.

4.2. Step 2A Analysis for claims 1:12:

Claim 1 recites:
1. A method for automatically generating a product video, the method comprising:
receiving a product and a product identifier corresponding to the product;
collecting physical product data of the product;
receiving digital product data associated with the product identifier from at least one digital source;
combining the physical product data and the digital product data into a combined product data structure;
generating a production plan for the product video based on the combined product data structure; and
automatically operating at least one equipment item to record the product video based on the production plan.

Step 2A Prong 1 analysis: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.

Reference claim 1, the highlighted limitations comprising, “receiving a product and a product identifier corresponding to the product; collecting physical product data of the product; receiving digital product data associated with the product identifier from at least one digital source; combining the physical product data and the digital product data into a combined product data structure; generating a production plan for the product video based on the combined product data structure; and automatically operating at least one equipment item to record the product video based on the production plan, under their broadest reasonable interpretation”, fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind using a pen and paper to work out a plan for automatically generating a product video . The claim, as recited, does not recite any device/computer to execute these steps and as such it can be interpreted that the steps, as recited, merely represent a thought-out plan by a human operator based on his observation, knowledge, judgement and opinion. See MPEP 2106.04(a)(2), subsection III. Thus, claim 1 with its dependent claims 2-12 recite “Mental Processes” abstract idea.
.
Step 2A Prong 2 analysis: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
Claims 1-12: The judicial exception is not integrated into a practical application.
Since Claim 1 does not recite any additional limitations but for the ones considered as mental process, the limitations of claim 1, as recited, do not provide a practical application and is directed to an abstract idea.
Dependent claims 2-12, as recited, the steps therein do not include any device or computer executing them and, as analyzed for their base claim 1, they are construed as part of the same scheme of claim 1 thought out by a human operator and falling within “mental Processes”. Claims 2-12 do not recite any additional elements amounting to a practical application.
Thus, claims 1-12 are directed to an abstract idea.

Step 2B analysis: This part of the eligibility analysis evaluates whether the claim as a whole amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
Since, as analyzed above for Step 2A, claims 1-12 do not recite any additional elements they, the claims when analyzed under Step 2B do not integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Thus, claims 1-12, as recited, are patent ineligible.

5. If claim 1 is amended to include a computer/processor executing the recited 6 steps, it can be construes to be patent eligible. Accordingly, dependent claims 2-12 will be required to be amended.

6. Note: In the art rejections below, the bolded text represents “[[emphasis added to the relevant text]] and direct quotes from the references are in a smaller and italic font.

Claim Rejections - 35 USC § 102
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –

(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.

(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

Claims 1-4, 6-10, 13--16, 18-23 are rejected under 35 U.S.C. 102 (a)(1) and under 35 U.S.C. 102 (a)(2) as being anticipated by Axen et al. [US 2010/0050083 A1], hereinafter Axen.

Regarding claim 1, Axen teaches a method for automatically generating a product video [See paras 0026 and 0058], the method comprising:
receiving a product and a product identifier corresponding to the product; collecting physical product data of the product; receiving digital product data associated with the product identifier from at least one digital source; combining the physical product data and the digital product data into a combined product data structure [See para 0058, and paras 0097—0105, 0107 “[0058] An apparatus and method for automatic generation of video content out of flat content takes media elements such as images, videos, audios, animation and text, from a repository or a database, typically a Web site or a Content Management System, and uses the elements as building blocks for the video. The generated video can be dynamic, especially if the source is dynamic, and likewise may be interactive if the source is interactive. Known structural details of the source database are used to help in automatically structuring the video”; [0097] Reference is now made to FIG. 4, which is a simplified diagram illustrating dynamic video server 40 which provides a general implementation of a system ….. Generator 42 corresponds to the input and transform units referred to above, and the renderer corresponds to the rendering unit described above. The system generates the video according to an algorithm which comprises two main stages: the generation of the second structure, hereinafter VSML, or video scene markup language, and a stage of VSML rendering to create the actual playable media. ……. [0098] Item: a single logical element stored in the media repository. Each item is assembled of data and media elements (such as text, images, audio…. video files and so on) which represent that item. [0099] The source of the item can be of various types: [0100] Single or multiple HTML pages originated from the Web [0101] Database (SQL or other) or CMS (Content Management System) [0102] XML [0103] A single item may be a ….. a single item for sale or a user's web page. [0104] Each item is transformed into a short video clip (typical clip will last 30-300 seconds). [0105] Here are a few examples: [0107] For Amazon, eBay, or any other ecommerce site, each item represents a product for sale. ………) . These excerpts disclose collecting data for a physical product from web sites such as Amazon.com, etc. in the form of images/text [which relate to physical data including description or photos of products or even their identifiers such as a barcode or part number and also digital product data such as audios and videos which are combined together “as building blocks for the video “, which represents a combined data structure. An example of automatically generating video from a product web page in Fig.10 is illustrated, see paras 0049—0059 “[0449] The following is an example which illustrates the potential use of an automated playable media generation system …….. In the following example, a shopping video is generated from content on a particular page at the well-known web-site eBay. eBay is a popular Web site which mediates between private sellers who wish to sell their private goods, and buyers who wish to purchase different items. Each page in eBay represents a product to be sold. Such a page can be translated to around a minute and a half of video which displays the product. ……[0450] FIG. 10 illustrates an example of a typical eBay page. In this specific page a Football is sold. This ball is signed by the players who won super bowl XL. The original page is the following: [0451] The media elements on the page illustrated in FIG. 10 are the following: [0452] Text 110 which describes the product in detail. [0453] Headline text 112 which describes the product [0454] Main picture 114 of the product [0455] Additional pictures 116 of the same product from different angles [0456] Additional pictures of related material 118. Herein are shown photographs of some of the players whose names are signed on the football. [0457] ……... [0458] A system for automatic generation of playable media could generate numerous alternative audio or video clips from the media elements provided. [0459] The video is constructed of several scenes. ….”];
generating a production plan for the product video based on the combined product data structure [See paras 0109 -0111, “ [0109] Format: A generic template of VSML that holds the potential to generate an endless amount of videos. The Format is created by a creative person as part of the setup phase that is required per customer installation. The format contains rules and decision points that allow the system to generate a variety of video clips on the fly according to information coming from the item. The Format is a data unit which includes all the potential scenes, objects, media elements, behaviors, and so on which can be used for a certain content type. The format needs to be created per content type ….. and it includes rules which determine how to make the decisions. The format may be considered as a big decision tree in which a choice is made between the nodes based on specific rules, so that different nodes are selected for different items. Following are the sources of information on which the rules may be based: [0110] Information from the data content of the item (e.g. "if product category is jewelry choose a romantic sound track"). [0111] Information in the format itself (e.g. "background color of the ticker is the same as the color of the tie of the avatar". These excerpts describe a production plan for a video based on the data [combination of both physical product data such as text/description and digital data such as images, etc.]; and
automatically operating at least one equipment item to record the product video based on the production plan [See paras 0114—0122 “ [0114]….. In order to implement the automatic generation of playable media, a language specialized for describing a video scene or clip is provided. This is an XML based language, herein called VSML, which includes all the building blocks of the video scene and includes references to the media elements. …… The VSML takes flat or area-based data such as a page and defines it in linear terms with timing information and spatial information. VSML is provided with specific markup items to express ideas and include primitives coming from the domain of creative people, by contrast to pixels and frames to which current image-descriptive technology relates. VSML is provided with an object-oriented approach, so that it is able to describe scenes with entities like cast, setting and props and behaviours such as: "say", "move", "blink" and so on. [0115] Sample statements in the language may include (used here in natural language): [0116] The host will say "XXX" and then wink while music "YYY" is played in the background. When he says the word "ZZZ", then the lettering ZZZ will also appear on his right side. [0117] The image will appear between the host and the plant. [0118] Move the image sideways to the right so that its left end side is above the host's head. [0119] ……….. [0120] Media Element: a single media element such as text, image, audio, animation or a video clip. A media element is usually stored as a single file but can also be stored in a database. [0121] Video: the result of the rendering process is a stream of video data compressed (or uncompressed) and typically packaged in one or another standard format (e.g. as an AVI file). This output video can be integrated into any delivery system. For example, the output video may be encoded to mpeg-4 for delivery on mobile, encoded to FLV in order to be uploaded to YouTube.com and so on.”]

Regarding claims 2 and 4, Axen teaches that the method of claim 1, wherein collecting physical product data of the product includes collecting at least one scan of the product via at least one data collection device and regarding claim, wherein the at least one scan includes a photo of the product [See paras 0120, “ [0120] Media Element: a single media element such as text, image, audio, animation or a video clip. A media element is usually stored as a single file but can also be stored in a database;”. The media elements, as discussed for claim 1 such as jewelry or a product on eBay or Amazon websites, include images which relate and include photos and scans.

Regarding claim 3, Axen teaches that the method of claim 2, wherein the at least one data collection device includes a camera [See paras 0421—0422; “ [0421] Each location object is preferably provided with one or more cameras and one or more microphones……….. [0422] The camera is a virtual sensor that interacts with the Location Snapshot at any time by capturing the visual properties of the matter in the snapshot and translating it into a raster image. “.

Regarding claim 6, Axen teaches that the method of claim 1, wherein receiving digital product data associated with the product identifier from the at least one digital source includes receiving digital product from a product database [See paras 0459 and 0119-0120. These paras teach that media elements are stored in a database and are accessed from there to create video. The media elements include product description [See para 0459] which provides product identification in text or image.

Regarding claim 7, Axen teaches that the method of claim 1, wherein receiving digital product data associated with the product identifier from the at least one digital source includes receiving digital product from a product website [See Axen para 0038, “ [0038] FIG. 10 is a simplified block diagram of a web page from an electronic commerce website, which website is suitable for providing content to generate a video clip according to a preferred embodiment of the present invention.

Regarding claim 8, Axen teaches that the method of claim 1, wherein the production plan includes a list of shots for recording the product video [See Axen paras 0048 and 0050, “ [0048] FIGS. 19-24 are screen shots taken from successive scenes in such an exemplary video. “[0050] The video media created is preferably video-like, which means that it is not a mere collocation of media items being shown in sequence, but rather that it includes scene changes such as cut and fade, camera instructions such as pan and zoom, and includes filler material to link between scenes according to some kind of storyboard. “. The use of several screen shots in creating a video corresponds to the part of production plan including a list of shots.

Regarding claim 9, Axen teaches that the method of claim 1, wherein the production plan includes a list of equipment items for recording the product video [See para 0376 “real objects may be: [0377] Media clips [0378] Images [0379] Avatars [0380] Text [0381] Sound sources [0382] Cameras [0383] Lights [0384] Microphones [0385] “.

Regarding claim 10, Axen teaches that the method of claim 1, wherein the production plan includes instructions for operating the at least one equipment item [ See para 0082 which describes the instruction for camera as how to control and operate “ [0082] In one embodiment the aim is to produce video clips. The clips are intended to look like filmed clips and thus the instructions include camera control instructions just as in the real media, the only difference being that the camera is a virtual camera merely defining a view point for the clip. Thus, the media play instructions comprise camera control instructions for changing a point of view of the media play. Camera control instructions may include scene change instructions, such as cut, fade and merge. Likewise, the instructions may include camera motion instructions such as pan, and camera lens instructions such as zoom.”

Regarding claims 13-16, 18-21 and 23, their limitations are similar to the limitations of claims 1-4, 6-10.

Regarding claim 22, Axen teaches that the system of claim 21, wherein the list of equipment items includes at least a portion of the plurality of equipment items [See Axen para 0082 wherein the list of equipment includes a camera control instructions to carry out fade and merging and zooming steps.

Claim Rejections - 35 USC § 103
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Axen.

Regarding claim 5, Axen teaches all the limitations of claims 1-2, as analyzed above including that a scan includes an image or photo taken by camera but fails to disclose that the photo is of packaging associated with the product. Since Axen teaches that the images can include photos of products taken/scanned by a camera , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the camera and instructions as described in Axen to take a photo of a product to have also taken a photo of packaging associated with the product because the method and the equipment needed is the same.

Regarding claim 17, its limitations are similar to the limitations of claim 5 and is rejected as being unpatentable over Axen based on same reasons as established for claim 5.

9. Claims 11-12 and 24-25.
The prior art of record alone, or combined, neither teaches nor renders obvious the limitations, “combining the physical product data and the digital product data into a combined product data structure includes providing a plurality of prompts associated with the product to an artificial intelligence (AI) model”. Claims 11-12 and 24-25 are dependent upon rejected base claims 1 and 13 respectively but would be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims and also amending the claims 1 and 13 to overcome 35 USC 101 rejection.

Conclusion
(i) The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:.
(i) Li et al. [US 20170287040 A1; see Abstract] describes a method for communicating product data corresponding to a product, wherein the method includes receiving a data package including a visual representation of at least part of the product and signal data using a receiver module, the signal data including an identifier of the product and extracting the signal data from the data package using a decoder module in response to a command to display the visual representation. The product data is retrieved using a processor module from a memory module in response to extracting the identifier and communicating the product data using an output module during display of the visual representation.

(ii) Kozhaya et al. [US Patent 11170044 B2 ; see Abstract and col.2, lines 12-17] describes a method for creating content comprising making a corpus of images available, adding a plurality of tag data to each of the images, receiving a query, extracting a trigger from the query, identifying a set of the images in the corpus, wherein identified images have tag data matching the extracted trigger, and automatically creating a video comprising the identified images.

(iii) Yanai et al. [US 20160217328 A1; see para 0142] describes automatically creating individual product video from a longer video featuring several products.

(iv) Bloch et al. [US Patent 10,755 ,747 having the same assignee and inventive entity; see abstract describes a system and method for generating a non-interactive linear video from video segments in a video tree.

Foreign reference:
(v) CN115689120-A [see Abstract and page 3] describes a production control method and device for obtaining the production data of the target product, generating the production requirement data table of the target product comprising generating the image of the target product and the video for demonstrating the function of the target product according to the user-defined parameter and the basic parameter.

NPL reference:
(vi) H. A. Raheem and T. A. al-assadi, "Recommender Systems for E-commerce in online video advertising: Survey," 2021 International Conference on Advanced Computer Applications (ACA), Maysan, Iraq, 2021, pp. 68-73, retrieved from IP.Com on 05/08/2025 describes product videos encourage people to purchase the items and present an opportunity for e-commerce companies to advertise and introduce their products.

Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOGESH C GARG whose telephone number is (571)272-6756. The examiner can normally be reached Max-Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kelly Campen can be reached at 571-272-6740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOGESH C GARG/Primary Examiner, Art Unit 3688