`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 1 of 24 PageID 24Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 1 of 24 PageID 24
`
`
`
`
`Exhibit 1
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 2 of 24 PageID 25
`US009477689B2
`
`(12) United States Patent
`Crutchfield et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 9,477,689 B2
`Oct. 25, 2016
`
`(54) EMBEDDING DIGITAL CONTENT WITHINA
`DIGITAL PHOTOGRAPH DURING CAPTURE
`OF THE DIGITAL PHOTOGRAPH
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`(71) Applicants: Barry Crutchfield, Austin, TX (US);
`Gary Lipps, Mandeville, TX (US)
`(72) Inventors: Barry Crutchfield, Austin, TX (US);
`Gary Lipps, Mandeville, TX (US)
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`Appl. No.: 14/251,707
`Filed:
`Apr. 14, 2014
`
`(*)
`
`Notice:
`
`(21)
`(22)
`(65)
`
`Prior Publication Data
`US 2015/0235336A1
`Aug. 20, 2015
`
`(60)
`
`(51)
`
`(52)
`
`(58)
`
`Related U.S. Application Data
`Provisional application No. 61/966,161, filed on Feb.
`15, 2014.
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`
`Int. C.
`G06K 9/00
`G6F 7/3
`HO)4N 5/77
`H04N 5/93
`G06T I/O
`U.S. C.
`CPC ..... G06F 17/3028 (2013.01); G06F 17/30265
`(2013.01); G06T I/0021 (2013.01); H04N
`5/772 (2013.01); H04N 5/913 (2013.01);
`H04N 2005/91.335 (2013.01)
`Field of Classification Search
`None
`See application file for complete search history.
`
`2011/0173565 A1* 7, 2011 Ofek et al. .................... 715,790
`2012/0023457 A1
`1/2012 Lai ..................... G06Q 30/0251
`T15,863
`2012/0069051 A1* 3/2012 Hagbi et al. .................. 345,633
`2012/0304052 A1* 11/2012 Tanaka et al. ................ T15,243
`2013/0307842 A1* 11/2013 Grinberg ............... G06F 3/1431
`345/419
`2014/02896.11 A1* 9, 2014 Norwood et al. ............ T15,234
`* cited by examiner
`
`
`
`Primary Examiner — Weiwen Yang
`(74) Attorney, Agent, or Firm — David O. Simmons
`
`ABSTRACT
`(57)
`A wireless communication device comprises position deter
`mining system, a digital imaging System and a photograph
`customization system coupled to the position locating sys
`tem and the digital imaging system. The position determin
`ing system is configured to provide information indicating a
`current position of the wireless communication device. The
`digital imaging system is configured to create digitally
`rendered images of visual content acquired thereby. The
`visual content is displayed on an image viewing structure of
`the digital imaging device while being acquired. The pho
`tograph customization system is configured to use the cur
`rent location of the digital imaging device for providing one
`or more embeddable content images and to display infor
`mation from at least one of the one or more embeddable
`content images on an image viewing structure of the digital
`imaging device while the visual content being acquired by
`the digital imaging system is being displayed on the image
`viewing structure.
`
`16 Claims, 13 Drawing Sheets
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 2 of 24 PageID 25
`
`capturing Wiewed Wisual
`Conieri
`26
`
`Offering Application. Of Filter
`28
`
`Fite
`
`is requester
`
`Applying Fitter
`130
`
`Saving Finished Photo
`32
`
`Offering Ability Fo Share
`hoto
`34
`
`S
`Shar D
`e
`st
`id s
`YES
`
`Displaying Options For
`HX Sharing Photo
`136
`
`Receiving Selected Sharing
`Option
`138
`
`\
`
`NO
`Fmplementing Sharing of
`E. H hoto
`140
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 3 of 24 PageID 26
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 1 of 13
`
`US 9,477,689 B2
`
`100
`
`Activating Camera
`102
`
`Receiving Request For
`Embedding Of Watermark
`104
`
`Determining if Default
`Watermark Source Selected
`106
`
`Selected?
`
`YES
`
`NO
`
`
`
`
`
`Displaying Available
`Watermark Sources
`108
`
`Receiving Selected Default
`Watermark Source
`110
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 3 of 24 PageID 26
`
`Determining Source Of
`Watermarks
`111
`
`1 tanual
`
`Entered?
`
`NO
`
`ES
`Requesting Watermark
`Information
`112
`
`
`
`Receiving Watermark
`Information
`113
`
`Creating Watermark Image
`114
`
`Determining Available
`Watermark Selections
`116
`
`Displaying Available
`Watermark Selections
`118
`
`Receiving Chosen
`Watermark Selection
`120
`
`Registered?
`
`Downloading Watermark
`image
`122
`
`Creating Watermark Image
`124
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 4 of 24 PageID 27
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 2 of 13
`
`US 9,477,689 B2
`
`capturing Viewed Visual
`Content
`126
`
`Offering Application Of Filter
`128
`
`FI G. 1B
`
`100
`?
`
`Fiter
`Requested?
`
`Applying Filter
`130
`
`
`
`
`
`Saving Finished Photo
`132
`
`Offering Ability To Share
`Photo
`134
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 4 of 24 PageID 27
`
`Displaying Options For
`Sharing Photo
`136
`
`Receiving Selected Sharing
`Option
`138
`
`implementing Sharing Of
`Photo
`140
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 5 of 24 PageID 28
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 3 of 13
`
`US 9,477,689 B2
`
`
`
`
`
`O
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 5 of 24 PageID 28
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 6 of 24 PageID 29
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 4 of 13
`
`US 9,477,689 B2
`
`
`
`2O
`
`i.ease Seiect one:
`
`-
`A raw
`
`^. y
`OCatics i
`Y
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 6 of 24 PageID 29
`
`24.
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 7 of 24 PageID 30
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet S of 13
`
`US 9,477,689 B2
`
`O
`
`3O4.
`
`8:888
`
`s
`
`(R
`select location
`< Back
`Registered””- Registered-r
`Wateriaks
`fiate arks
`Pixarx CC Creator
`39 yards 400 forrington Drive
`
`Pixarx ort 3
`30 yards 400 arrington Driv
`
`as we-Y .
`
`Pixarx or {
`30 yards 400 forrington Orix
`ixary Fort {}
`| - suyards auu tortington Urix
`33 yards 4
`oritor Bri
`SXSW emplate
`144 yards 320 Torrington Driv
`
`ass--as a
`
`
`
`
`
`8
`
`8
`
`27
`
`28
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 7 of 24 PageID 30
`
`e 37'S
`144 yards 32 torringtor Driv
`Easter Egg
`44 yards 320 Torrington Dris
`Springtire
`44 yards 320 torringtor Driv
`
`(O)
`
`)
`
`
`
`
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 8 of 24 PageID 31
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 6 of 13
`
`US 9,477,689 B2
`
`O
`
`
`
`2 3
`
`$xex i. ex:
`38
`Registered
`Waternarks
`
`rarik
`S.
`
`204
`
`83xx.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 8 of 24 PageID 31
`
`---
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 9 of 24 PageID 32
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 7 of 13
`
`US 9,477,689 B2
`
`20
`
`
`
`24
`
`
`
`
`
`
`
`226
`
`224 - Co-creator of Pinare the spot
`age seater easer wateresteres
`esses is .
`.
`.
`.
`.
`. .
`.
`.
`.
`.
`. ; d.
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 9 of 24 PageID 32
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 10 of 24 PageID 33
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 8 of 13
`
`US 9,477,689 B2
`
`2
`
`28
`
`
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 10 of 24 PageID 33
`
`is
`
`Co-creator of Pinar the pot
`
`a
`
`six sess Yassaggs is a
`
`ges
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 11 of 24 PageID 34
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 9 of 13
`
`US 9,477,689 B2
`
`/2
`
`
`
`S
`
`2O4.
`
`'o-creater of fixmark 8:8
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 11 of 24 PageID 34
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 12 of 24 PageID 35
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 10 of 13
`
`US 9,477,689 B2
`
`
`
`28
`
`23
`
`232
`
`38
`234.
`
`38
`
`338
`
`38
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 12 of 24 PageID 35
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 13 of 24 PageID 36
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 11 of 13
`
`US 9,477,689 B2
`
`
`
`3.
`
`384
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 13 of 24 PageID 36
`
`All Seasons Nursery
`Vandeville, A
`
`---
`
`3{2
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 14 of 24 PageID 37
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 12 of 13
`
`US 9,477,689 B2
`
`40
`
`
`
`Atic waterark
`402 -
`404 --ex
`
`exe.
`
`8:3:88.
`
`4:08
`
`408
`
`(i.
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 14 of 24 PageID 37
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 15 of 24 PageID 38
`
`U.S. Patent
`
`Oct. 25, 2016
`
`Sheet 13 of 13
`
`US 9,477,689 B2
`
`F.G. 5
`
`
`
`500
`
`PROCESSORS
`502-)
`
`CACE
`
`W
`
`MEMORY
`
`COPTER SYSTEM
`
`EijRK
`NERFACE
`
`GRAPCS
`COrO.
`
`SPAY
`
`NPUT NERFACE
`
`DEVICES)
`
`CUist
`INTERFACE
`
`s
`DEVICE(S
`
`SCRAGE
`DEVICES)
`
`SCRAG if &
`NTERFACE
`
`X SCRAGE
`ED
`
`59
`
`5 O
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 15 of 24 PageID 38
`
`51
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 16 of 24 PageID 39
`
`US 9,477,689 B2
`
`1.
`EMBEDDING DIGITAL CONTENT WITHINA
`DIGITAL PHOTOGRAPH DURING CAPTURE
`OF THE DIGITAL PHOTOGRAPH
`
`CROSS REFERENCE TO RELATED
`APPLICATIONS
`
`This patent application claims priority from U.S. Provi
`sional Patent Application Ser. No. 61/966,161, filed 15-Feb.
`2014, entitled “Viewfinder watermark technique is a new
`WYSIWYG (What You See Is What You Get) method for
`embedding an electronic digital watermark/image within a
`users live camera lens/window viewer whether the lens is a
`digital screen or eyepiece. This method occurs prior to the
`user taking a photo. In addition, this method would be
`internal to the device process whether it was on a camera or
`smart phone or hand held device. When user snaps/takes
`photo, what was seen in the live viewer with embedded
`image becomes the same image in a digital photos output
`file; therefore, when comparing what was seen in the camera
`viewer with the digital photo file or printed photo, the result
`is WYSIWYG (What You See Is What You Get), having a
`common applicant herewith and being incorporated herein
`in its entirety by reference.
`
`10
`
`15
`
`FIELD OF THE DISCLOSURE
`
`25
`
`The disclosures made herein relate generally to digital
`photography solutions and, more particularly, to embedding
`digital content within a digital photograph during capture of
`the digital photograph.
`
`30
`
`BACKGROUND
`
`2
`digital imaging device) for enabling personalization (e.g.,
`via contextualization and/or customization) to be performed
`in combination with taking a photograph with a digital
`imaging device. A digital camera, a Smartphone camera, and
`a tablet are examples of a digital imaging device that can be
`configured in accordance with an embodiment of the present
`invention. More specifically, embodiments of the present
`invention are directed to displaying an embedded digital
`image (e.g., an electronic digital icon (e.g., watermark).
`picture, text, or the like) within an image viewing structure
`(e.g., eyepiece, visual display, or the like) of a digital
`imaging device prior to and during a photograph being taken
`using the digital imaging device. Accordingly, when a user
`of Such a digital imaging device takes the photograph,
`as-viewed visual content seen within the image viewing
`structure (i.e., the embedded digital image overlaid on
`to-be-photographed visual content) is the same as what
`would be a corresponding outputted digital file of the
`imaging device. In this regard, the corresponding outputted
`digital file is a What You See Is What You Get (WYSI
`WYG) representation of the as-viewed visual content
`within the image viewing structure of the imaging device
`when the to-be-photographed visual content is captured by
`the digital imaging device. Advantageously, the embedded
`digital image can be selected based on an actual location of
`the digital imaging device at the time when the to-be
`photographed visual content is captured using the digital
`imaging device (i.e., the current location of the digital
`imaging device).
`In one embodiment of the present invention, a computer
`implemented method comprises a plurality of operations. An
`operation is performed for receiving a request to embed
`system-provided content into a photograph to be taken using
`a digital imaging device. An operation is performed for
`providing, dependent upon a current location of the digital
`imaging device when the request is received, one or more
`embeddable images. An operation is performed for display
`ing, on an image viewing structure of the digital imaging
`device, the one or more embeddable content images in
`combination with visual content being viewed by the digital
`imaging device.
`In another embodiment of the present invention, a wire
`less communication device comprises position determining
`system, a digital imaging system and a photograph customi
`Zation system coupled to the position locating system and
`the digital imaging system. The position determining system
`is configured to provide information indicating a current
`position of the wireless communication device. The digital
`imaging system is configured to create digitally rendered
`images of visual content acquired thereby. The visual con
`tent is displayed on an image viewing structure of the digital
`imaging device while being acquired. The photograph cus
`tomization system is configured to use the current location
`of the digital imaging device for providing one or more
`embeddable content images and to display information from
`at least one of the one or more embeddable content images
`on an image viewing structure of the digital imaging device
`while the visual content being acquired by the digital
`imaging system is being displayed on the image viewing
`Structure.
`In another embodiment of the present invention, a non
`transitory computer-readable medium has tangibly embod
`ied thereon and accessible therefrom processor-executable
`instructions that, when executed by at least one data pro
`cessing device of at least one computer, causes the at least
`one data processing device to perform a method for gener
`ating a photo. Generating the photo comprises a plurality of
`
`Digital photography, like traditional film photography, is
`widely used for memorializing events and moments. With
`the advent of social media and wireless communication, it
`has become common place for people to use digital photo
`graphs as an integral part of their social networking endeav
`ors such as through posting of pictures on their on-line social
`network page. This is due in no Small part to the inclusion
`of digital cameras in wireless communication devices (e.g.,
`smartphones, tablets, etc) and the affordability of digital
`cameras. As such, ever increasing numbers of people are
`now taking photographs as a routine part of their daily lives
`whether it be for personal enjoyment and entertainment, to
`share with friends and family, or both.
`Unlike traditional film photography, digital photography
`offers the ability to immediately view, edit and share pho
`tographs. This being the case, people have an expectation
`that their digital imaging Solution offer them various
`approaches for enhancing their digital photographs though
`contextualization (e.g., editing a label into the photograph
`after it is taken) and/or customization (e.g., editing a border,
`special effect, etc into the photograph after it is taken).
`However, these post-capture approaches for enhancing their
`digital photographs often contribute to photos not being
`shared or added to an album because one or more separate
`process must performed after taking the photograph to
`achieve Such contextualization and/or customization. There
`fore, enabling Such contextualization and/or customization
`to be performed in combination with taking a photograph is
`advantageous, desirable and useful.
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 16 of 24 PageID 39
`
`SUMMARY OF THE DISCLOSURE
`
`Embodiments of the present invention are directed to a
`system-implemented Solution (e.g., an internal process of a
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 17 of 24 PageID 40
`
`US 9,477,689 B2
`
`4
`content is advantageously selected based on an actual loca
`tion of the digital imaging device at the time when the
`to-be-photographed visual content is captured using the
`digital imaging device.
`The method 100 is preferably implemented via an appli
`cation (or operating system) of a digital imaging device Such
`as, for example, the smartphone 200 shown in FIGS. 2A-2G.
`A Smartphone and similarly capable types of tablets, note
`pads and cameras are each an example of a data processing
`system in the context of embodiments of the present inven
`tion. An Apple iPhone brand cellular telephone and a cellular
`phone with an Android brand operating system are examples
`of smartphones. It is disclosed herein that embodiments of
`the present invention are not limited to any particular brand,
`form or configuration of data processing system.
`The method 100 begins with an operation 102 for acti
`Vating a camera (e.g., a digital camera, a camera or a
`smartphone, a camera of a tablet or the like), followed by an
`operation 104 for receiving a request for the addition of a
`watermark (i.e., embedded digital content) to a photo to be
`taken. As shown in FIG. 2A, the visual content that is being
`viewed by the camera of the smartphone 200 is displayed
`within a respective area 202 of a visual display 204 (i.e.,
`image viewing structure) of the Smartphone 200. The request
`for the addition of the watermark to the photograph to be
`taken can be implemented through the pressing of an Add
`Watermark button 206.
`After receiving the request for the addition of the water
`mark, an operation 106 is performed for determining if a
`default watermark source has been selected. For example, if
`not previously selected Such as upon an initial implemen
`tation of the method 100 on the smartphone 200, the default
`watermark Source may need to be selected from a plurality
`of available watermark sources. If it is determined that the
`default watermark source has not been selected, an operation
`108 is performed for displaying available watermark
`sources, followed by an operation 110 being performed for
`receiving a selected default watermark source. After receiv
`ing the default watermark source, or if the default watermark
`Source has already been selected, an operation 111 is per
`formed for determining the Source of watermarks (i.e., the
`default watermark source). As shown in FIG. 2B, selection
`of a preferred watermark source can include be implemented
`via the visual display 204 of the smartphone 200 through
`selection of a button 208 for choosing location-based water
`marks (e.g., as determined through use of a global position
`ing system to determine a current location of the Smartphone
`200) as the default watermark source, through selection of a
`button 210 for choosing user-provided textual watermarks
`(e.g., provided though manual entry of text by a user) as the
`default watermark Source, or through selection of a button
`212 for choosing user-imported watermarks as the default
`watermark Source.
`If it is determined that the source of watermarks is
`manually entered watermark information (e.g., user-pro
`vided textual watermarks, user-imported watermark, or the
`like), an operation 112 is performed for requesting the
`watermark information (e.g., text or imported watermark
`file), followed by an operation 113 being preformed for
`receiving the requested watermark information. Thereafter,
`an operation 114 is performed for creating the selected
`watermark image using the received watermark information.
`For example, if the manually entered watermark information
`specifies a text string (e.g., All Season Nursery Mandeville,
`La.), a watermark image is created by instantiating a water
`mark image template 300 with the watermark information,
`as shown in FIG. 3. As can be seen, in preferred embodi
`
`3
`operations. An operation of receiving a request to embed
`system-provided content into a photograph to be taken using
`a digital imaging device is performed. An operation of
`providing one or more embeddable images dependent upon
`a current location of the digital imaging device when the 5
`request is received is performed. An operation of displaying
`the one or more embeddable content images on an image
`viewing structure of the digital imaging device in combina
`tion with visual content being viewed by the digital imaging
`device is performed.
`These and other objects, embodiments, advantages and/or
`distinctions of the present invention will become readily
`apparent upon further review of the following specification,
`associated drawings and appended claims.
`
`10
`
`15
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`2O
`
`FIGS. 1A and 1B are a flow diagram showing a system
`implemented method configured in accordance with an
`embodiment of the present invention.
`FIGS. 2A-2H are diagrammatic views showing various
`aspects of a Smartphone application configured in accor
`dance with an embodiment of the present invention.
`FIG. 3 is a diagrammatic view showing a watermark
`image configured in accordance with an embodiment of the 25
`present invention.
`FIG. 4 is a diagrammatic view showing a watermark
`registration form configured in accordance with an embodi
`ment of the present invention.
`FIG. 5 is a diagrammatic view of a computer system 30
`configured in accordance with an embodiment of the present
`invention.
`
`DETAILED DESCRIPTION
`
`35
`
`FIGS. 1A and 1B are a flow diagram showing an embodi
`ment of a system-implemented method (i.e., method 100)
`for embedding digital content within a digital photograph
`during capture of the digital photograph. It is disclosed
`herein that the embedded digital content can be that in the 40
`form of an icon, a logo, a string of text/numerals, a picture,
`a photograph, and/or the like (i.e., generally refereed to
`herein as a watermark). In this regard, embodiments of the
`present invention are not limited to any particular type of
`embedding digital content. Furthermore, although the 45
`method steps described herein are discussed in a particular
`order, one of skill in the art will recognize that many method
`steps can be carried out in a different order and overlap in
`time without departing from the spirit of this disclosure.
`The method 100 of FIG. 1 provides for customization of 50
`a photograph through embedding Supplemental content (i.e.,
`embedded digital content) into a photograph being taken
`using the digital imaging device. Advantageously, the
`embedded digital content is displayed within an image
`viewing structure (e.g., eyepiece, visual display, or the like) 55
`of the digital imaging device prior to and during the pho
`tograph being taken thereby ensuring desired framing of the
`photographed visual content with respect to the embedded
`digital content. To this end, the embedded digital content is
`maintained at a static position within an area of the image 60
`viewing structure. Accordingly, when the photograph is
`taken, as-viewed visual content seen within the image view
`ing structure includes the embedded digital content merged
`(e.g., overlaid onto) to-be-photographed visual content Such
`that what is seen is the same as what would be a corre- 65
`sponding outputted digital file of the imaging device (i.e. the
`outputted photograph). Furthermore, the embedded digital
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 17 of 24 PageID 40
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 18 of 24 PageID 41
`
`US 9,477,689 B2
`
`6
`about it to be displayed and the particular one of the
`watermarks is chosen by clicking/tapping on it. In another
`example, clicking on a particular one of the watermark
`selections causes Supplemental information to be displayed
`and the particular one of the watermark is chosen by
`clicking/tapping on a choose this watermark selection button
`that is displayed in conjunction with the Supplemental
`information.
`In preferred embodiments of the present invention, reg
`istered watermarks are maintained in a database of regis
`tered watermarks that have respective location defining
`information associated therewith. For example, as shown in
`FIG. 4, a watermark registration form 400 enables water
`mark registration information to be provided to a system that
`manages registered watermarks (e.g., embedded image man
`agement server). Examples of the watermark registration
`information includes, but is not limited to, a watermark title
`402, a watermark image file 404, one or more social media
`content identifiers 406 (e.g., a hash tag, a handle identifier,
`or the like), global positioning coordinates 408, and a
`physical street address 410.
`As shown in FIG. 1A, after the available location-based
`watermark selections are displayed, an operation 120 is
`performed for receiving a chosen one of the available
`location-based watermark selections. The chosen one of the
`available location-based watermark selections can corre
`spond to a registered watermark or to an unregistered
`watermark. If the chosen one of the available location-based
`watermark selections corresponds to a registered watermark,
`an operation 122 is performed for downloading a watermark
`image (e.g., in the form of a file of digital information)
`corresponding to the chosen one of the available location
`based watermark selections. Otherwise, the chosen one of
`the available location-based watermark selections corre
`sponds to an unregistered watermark, which results in an
`operation 124 being performed for creating a watermark
`image using information associated with the unregistered
`watermark selection (e.g., name of establishment at associ
`ated location, address of location, etc), as discussed above in
`reference to FIGS. 2D and 3. In preferred embodiments, the
`watermark image created using the information associated
`with the unregistered watermark selection can be created in
`the same manner as discussed above in reference to FIG. 3.
`In view of the disclosures made herein, a skilled person will
`appreciate that the watermark selection process discussed
`above can be implemented a plurality of times for embed
`ding more than one watermark into a photograph (e.g., at
`different locations of the photograph).
`After downloading or creating the watermark image, an
`operation 126 is performed for capturing viewed visual
`content (i.e., the captured visual content). Capturing the
`viewed visual content refers to causing visual content that is
`currently being viewed by the digital imaging device at a
`particular instant to be captured as a digital record (e.g., file).
`For example, capture of visual content being viewed by a
`camera of the smartphone 200 is performed in response to
`depressing a shutter button 220. In response to capturing the
`viewed visual content, a photographic image becomes dis
`played on the visual display 204 of the smartphone 200. The
`photographic image comprises the watermark image 224
`corresponding to the chosen watermark in combination with
`the captured visual content 226. For example, the captured
`visual content becomes displayed within a captured visual
`content portion (e.g., as shown by the dotted line in FIG.2E)
`of a watermark image 224. Advantageously, the watermark
`image is maintained at a static position within an area of the
`visual display 204 while the visual content is being viewed
`
`5
`ments, the watermark image template 300 includes an water
`mark content portion 302 (i.e., an optically opaque portion
`of the watermark image) in which watermark information is
`located and a captured image portion 304 (i.e., an optically
`transparent portion of the watermark image) in which visual
`content captured by a digital imaging device is located. As
`discussed below in greater detail, the optically transparent
`portion of the watermark image allows a portion of an image
`in a background layer to be visible through the optically
`transparent portion of the watermark image.
`In preferred embodiments of the present invention, the
`watermark image (e.g., a captured visual content portion
`thereof) is in exact proportion to exterior dimensions (e.g.,
`aspect ratio) of display area size for visual content being
`viewed using the digital imaging device. The watermark
`image is displayed as a foreground image and the visual
`content being viewed using the digital imaging device is
`displayed as a background image. The matching proportions
`of the watermark image to the exterior dimensions of the
`visual content display area ensure that the watermark image
`is aligned with a resulting image captured by the digital
`imaging device (i.e., as-viewed visual content is framed
`within the optically transparent portion of the watermark
`image in the same manner as viewed on the visual display
`when the photo is taken).
`If it is determined that the source of watermarks is a
`location-based watermarks (i.e., not manually entered), an
`operation 116 is performed for determining available loca
`tion-based watermark selections. In the context of the pres
`ent invention, a location-based watermark refers to a water
`mark associated with a location that is within a prescribed
`distance from a current location of a digital imaging device
`performing the method 100. For example, such location can
`be determined through use of a location service of the digital
`imaging device. For example, a current location of the phone
`can be determined by a global positioning functionality of a
`Smartphone, a tablet, a digital camera, or the like).
`Location-based watermarks can be registered or unregis
`tered. In the case of registered watermarks, determining the
`available location-based watermarks includes determining a
`current location of the digital imaging device and using Such
`location to retrieve available registered watermarks from a
`database of registered watermarks (e.g., those that are within
`a prescribed distance from the current location of the digital
`imaging device). In the case of unregistered watermarks,
`determining the available location-based watermarks
`includes determining a current location of the digital imag
`ing device and using such location to retrieve entries from a
`database of entries (e.g., places/destinations) searchable by
`their global positioning system coordinates (e.g., those hav
`ing global positioning system coordinates that are within a
`prescribed distance from the current location of the digital
`imaging device).
`After determining the available location-based watermark
`selections, an operation 118 is performed for displaying the
`available location-based watermark selections. As shown in
`FIGS. 2C and 2D, for example, a list of available registered
`watermarks 216 can be provided on a first location-based
`watermark page displayed in response to selection of a
`registered watermarks display button 217 and a list of
`available unregistered watermarks 218 can be provided on a
`second location-based watermark page displayed in
`response to selection of an unregistered watermarks display
`button 219. It is disclosed herein that additional information
`can be garnished by each one of the watermark selections.
`In one example, hovering over a particular one of the
`watermark selections causes Supplemental information
`
`10
`
`15
`
`25
`
`30
`
`35
`
`40
`
`45
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 18 of 24 PageID 41
`
`50
`
`55
`
`60
`
`65
`
`
`
`Case 3:20-cv-01157-M Document 1-2 Filed 05/07/20 Page 19 of 24 PageID 42
`
`US 9,477,689 B2
`
`8
`options for sharing the photographic image. For example, as
`shown in FIG. 2H, displayed options for sharing the photo
`can include a selection 230 for printing the photographic
`image, a selection 232 for emailing the photographic image,
`a selection 234 for copying the photographic image, and one
`or more selections 236 for providing the photographic image
`to a social media account. In response to an operation 138
`being performed for receiving a selected sharing option, an
`operation 140 is performed for implementing sharing of the
`photographic image in accordance with the selected sharing
`option.
`In the case of selected sharing option being providing the
`photographic image to a social media account, sharing of the
`photographic image