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 .
DETAILED ACTION
1. The following Office action is in response to communications filed on 9/9/2026. Claims 16-31 are currently pending within this application.
Information Disclosure Statement
2. The information disclosure statement(s) filed on 9/9/2026 is/are in compliance with the provisions of 37 CFR 1.97, and has/have been considered and a copy/copies is/are enclosed with this Office action.
CLAIM INTERPRETATION
3. The previous interpretations of the claims under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are withdrawn in response to amended claims filed on 9/9/2026.
Response to Arguments
4. Applicant’s arguments with respect to the previously pending claims have been fully considered but they are moot in view of new ground(s) of rejection necessitated by Applicant’s amendments to the pending claims.
Claim Rejections - 35 USC § 101
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.
The USPTO “Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility” (Official Gazette notice of 22 November 2005), Annex IV, reads as follows:
Descriptive material can be characterized as either "functional descriptive material" or "nonfunctional descriptive material." In this context, "functional descriptive material" consists of data structures and computer programs which impart functionality when employed as a computer component. (The definition of "data structure" is "a physical or logical relationship among data elements, designed to support specific data manipulation functions." The New IEEE Standard Dictionary of Electrical and Electronics Terms 308 (5th ed. 1993).) "Nonfunctional descriptive material" includes but is not limited to music, literary works and a compilation or mere arrangement of data.
When functional descriptive material is recorded on some computer-readable medium it becomes structurally and functionally interrelated to the medium and will be statutory in most cases since use of technology permits the function of the descriptive material to be realized. Compare In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994) (claim to data structure stored on a computer readable medium that increases computer efficiency held statutory) and Warmerdam, 33 F.3d at 1360-61, 31 USPQ2d at 1759 (claim to computer having a specific data structure stored in memory held statutory product-by-process claim) with Warmerdam, 33 F.3d at 1361, 31 USPQ2d at 1760 (claim to a data structure per se held nonstatutory).
In contrast, a claimed computer-readable medium encoded with a computer program is a computer element which defines structural and functional interrelationships between the computer program and the rest of the computer which permit the computer program's functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
5. Claims 25-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards non-statutory subject matter as follows.
Claim 25 is directed towards "a computer program product comprising commands recorded on a non-transitory computer-readable medium” embodying functional descriptive material. However, the claim is directed towards a program per se since the non-transitory computer-readable medium is a secondary component acting as a medium for the commands that are executed by the computer. Furthermore, claim 26, which depends upon claim 25, recites “the computer program product is a computer program stored on one of the group consisting of…” further defining the computer program product as being a program per se that is recorded on a medium instead of being a medium having a program stored thereon. It is suggested that this be changed to recite “A computer program product, comprising a non-transitory computer-readable medium having recorded thereon commands which…” or an equivalent thereof.
6. Claims 26 and 31 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards non-statutory subject matter as follows.
Claims 26 and 31 are rejected under 35 USC 101 because the claimed invention is directed towards non-statutory subject matter as follows: claims 26 and 31 claim a “data carrier signal”. While “functional descriptive material” may be claimed as a statutory product (i.e. a “manufacture”) when embodied on a tangible computer readable medium, a data carrying signal embodying that same functional descriptive material is neither a process nor a product (i.e., a tangible “thing”) and therefore does not fall within one of the four statutory classes of 35 USC 101. Rather, “signal” is a form of energy, in the absence of any physical structure or tangible material.
16Claim Rejections – 35 USC § 103
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 of this title, 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.
7. Claims 16-20, 22, 24-30 are rejected under 35 U.S.C 103 as being unpatentable over Ahuja (US PGPub 2009/0102939) [hereafter Ahuja] in view of Xu (US PGPub 2015/0172629) [hereafter Xu].
8. As to claim 16, Ahuja discloses a method for creating a plenoptic picture recording (image recordings on sensor 311 as shown in Figure 3), comprising the steps of: simultaneously generating multiple images (images 312-315 on sensor 311) of an object area adjacent to one another on a receiver surface (surface of sensor 311) by an optical device (mirror box 104 having mirrors 301-302); digitally storing the multiple images (within image buffer shown in Figure 4); and further processing the multiple images to form picture captures (processed imaged sections), the further processing including automatically carrying out an image correction (selection of properly exposed image sections and/or addition of colors at respective pixels between the generated images) in which at least one of the picture captures is changed in relation to a respective image (high dynamic range image and/or image containing all color components) (Paragraphs 0032, 0038-0041, a plenoptic camera system includes a Sony camcorder acting as a camera body that performs instructions within an image buffer (shown in Figure 4) and a mirror box placed in front of/connected to the camera box that consists of a plurality of mirrors that enable the simultaneous real-time generation of four images of a scene that are adjacent to each other on the surface of a image sensor within the camera box, where the generated images are input into an image buffer where image processing operations are automatically applied to the generated images in order to finally produce a high dynamic range image generated by selecting properly exposed parts of the four generated images, transferring the selected parts to compose a new output image, and normalizing the selected parts, or the images are used to finally produce four constituent images of the scene by processing the four images to form four different images of the scene each capturing red, green, blue, and infrared colors by combining the four values at the same pixel in all four quarters of the sensor generating the respective four images to calculate red, green, blue, and infrared color components at that respective pixel of that respective image).
It is however noted that Ahuja fails to particularly disclose the image correction in at least individual ones of the picture captures includes changing positions of at least individual pixels.
On the other hand, Xu discloses image correction in at least individual ones of the picture captures (light field unit images) includes changing positions of at least individual pixels (Paragraphs 0003-0004, 0026-0028, 0037, 0061-0068, 0089, 0100-0107, an offset amount for each unit image within a captured light-field image is determined in order to derive an offset pixel matrix that changes horizontal and vertical coordinates of the unit images in order to cause alignment for reconstruction of a high-resolution light field image).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include image correction in at least individual ones of the picture captures includes changing positions of at least individual pixels as taught by Xu with the method of Ahuja because the cited prior art references are directed towards imaging devices that generate and process plenoptic/light field images and because each of the claimed limitations are fully disclosed within the combination of the prior art references and would yield predictable results of allowing for an increased resolution image of an imaged scene to be generated by compensating the plurality of light field images for a sensed offset amount.
9. As to claim 17, Ahuja discloses carrying out for each of the images an image correction specific for the respective image, wherein the respective specific image corrections for the individual images differ from one another (Paragraphs 0038-0040, different parts of the four images are selected as properly exposed and used in generation of the high dynamic range and different color components from the different images are added to the respective four images in order to generate the four different constituent images of the scene).
10. As to claim 18, Ahuja discloses during the further processing of at least individual ones of the images, the image correction changing the picture capture in relation to the respective image takes place automatically so that the picture captures are equalized to one another (Paragraphs 0038-0040, the properly exposed portions of the respective images are normalized within the high dynamic range image and the four generated constituent images each contain the color image data found within the respective four generated images).
11. As to claim 19, Ahuja discloses wherein the image correction, in at least individual ones of the picture captures includes changing intensities of a representation of at least individual ones of the pixels (Paragraphs 0038-0040, the properly exposed portions of the respective images are normalized within the high dynamic range image and the four generated constituent images each contain the color image data found within the respective four generated images).
12. As to claim 20, Ahuja discloses changing the pixel positions by application of pixel arrangement rules provided for each of the picture captures and/or changing the intensities and/or colors of the representation of the pixels with application of pixel intensity and/or pixel color change rules provided for each of the picture captures, wherein the pixel arrangement rules and/or the pixel intensity and/or pixel color change rules for the individual picture captures differ from one another (Paragraphs 0038-0040, different parts of the four images are selected as properly exposed and used in generation of the high dynamic range and different color components from the different images are added to the respective four images in order to generate the four different constituent images of the scene).
13. As to claim 22, Ahuja discloses the image correction is carried out so that the positions, the intensities, and/or the colors of the pixels are changed so that the pixels respectively imaging the same section of the object area are arranged in the various picture captures in the same position and/or in positions resulting depending on the viewing angle, in particular in consideration of a parallax error resulting from the respective different viewing angle, and/or have the same intensity and/or the same color as in the reference position (Paragraphs 0038-0040, the properly exposed portions of the respective images are normalized within the high dynamic range image and the four generated constituent images each contain the color image data found within the respective four generated images at the respective pixel positions).
14. As to claim 24, Ahuja discloses forming N×N images of the object area on the receiver surface in an N×N grid (Paragraphs 0032, 0038, in the illustrated example of Figure 3, 2x2 images of the imaged scene are formed on the receiver surface in a 2x2 grid configuration).
15. As to claim 25, Xu discloses a computer program product, comprising commands (program) recorded a non-transitory computer-readable medium (memory 402) which, upon execution of the program by a computer (processor 401 of computer shown in Figure 4), prompt the computer to carry out the method (Paragraphs 0131-0140).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a computer program product, comprising commands recorded a non-transitory computer-readable medium which, upon execution of the program by a computer, prompt the computer to carry out the method as taught by Xu with the method of Ahuja because the cited prior art references are directed towards imaging devices that generate and process plenoptic/light field images and because each of the claimed limitations are fully disclosed within the combination of the prior art references and would yield predictable results of enabling the disclosed image buffer and processing components of Ahuja to implement the disclosed processing operations.
16. As to claim 26, Xu discloses the computer program product is a computer program stored on one of the group consisting of: a data carrier; a personal computer; a smart phone; and a computer of a device for creating a picture recording (Paragraphs 0131-0140).
17. As to claim 27, the combination of the Ahuja and Xu references discloses all claimed subject matter as explained above with respect to the comments/citations of claim 16.
18. As to claim 28, Ahuja discloses the device is part of an optical device (camera box 106 having mirror box 104 attached thereto) that is configured for simultaneously generating multiple images of an object area adjacent to one another on a receiver surface (image sensor surface within camera box) (Paragraphs 0032, 0038-0046).
19. As to claim 29, Ahuja discloses the optical device comprises a kaleidoscope (mirror box 104) (Paragraphs 0032, 0038).
20. As to claim 30, Ahuja discloses wherein the device is part of a camera (Paragraphs 0032, 0038).
21. Claim 31 is rejected under 35 U.S.C 103 as being unpatentable over Ahuja (US PGPub 2009/0102939) [hereafter Ahuja] in view of Seifi (US PGPub 2017/0171479) [hereafter Seifi] and Choubassi (US Patent 10477181) [hereafter Cho] .
22. As to claim 31, it is noted that the combination of Ahuja and Seifi fails to particularly disclose a data carrier signal, which transmits the computer program product.
On the other hand, Cho discloses a data carrier signal, which transmits the computer program product (Col. 2, Lines 31-44).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a data carrier signal, which transmits the computer program product as taught by Cho with the method of Ahuja and Seifi because the cited prior art references are directed towards imaging devices that generate and process plenoptic/light field images and because each of the claimed limitations are fully disclosed within the combination of the prior art references and would yield predictable results of transmitting instructions enabling the disclosed image buffer and processing components of Ahuja to implement the disclosed processing operations.
Claim Objections
23. Claims 21 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
24. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S OSINSKI whose telephone number is (571) 270-3949. The examiner can normally be reached on Monday - Thursday, 10:00am - 6:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oneal Mistry can be reached on (313) 446-4912. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MO
/MICHAEL S OSINSKI/Primary Examiner, Art Unit 2674
10/2/2026
