Prosecution Insights
Last updated: July 05, 2026
Application No. 18/177,761

NON-TRANSITORY COMPUTER READABLE RECORDING MEDIUM RECORDING PROGRAM AND INFORMATION PROCESSING APPARATUS

Non-Final OA §103
Filed
Mar 03, 2023
Priority
Mar 28, 2022 — JP 2022-051713
Examiner
BURLESON, MICHAEL L
Art Unit
2681
Tech Center
2600 — Communications
Assignee
Fujifilm Holdings Corporation
OA Round
4 (Non-Final)
74%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
373 granted / 502 resolved
+12.3% vs TC avg
Minimal -7% lift
Without
With
+-7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
20 currently pending
Career history
530
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
72.4%
+32.4% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 502 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed 03/25/26 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Higuchi et al US 20200002894. Regarding claim 1, Applicant states that prior art reference fails to teach of changing appearance of the second image according to a total amount of the color material to be used for printing the corresponding first image (Applicants Remarks pages 7-9). (Applicants Remarks pages 8-9). Examiner agrees with Applicant. Higuchi et al teaches When the additive contains a color material, if varying the supply amount of the additive supplied from the additive supply unit 52 per unit time, it is possible to change the granularity (roughness feeling) (Appearance of the second image) of the surface of the sheet S depending on the width and the period of the variation (paragraph 0167) Applicant states that previously cited prior art fails to teach of changing appearance of an image representing the surface of the sheet in accordance with a difference in characteristics of the surface of the sheet used for printing (Applicants Remarks page 9). Examiner agrees with Applicant. Higuchi (the new added reference) et al teaches the additive supplied from the additive supply unit 52 becomes the sheet S through, at least, the mixing unit 50 and the depositing unit 60, so that the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time does not necessarily simply correlate with the variation of the granularity of the surface of the sheet S. Therefore, making the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time is one means for changing the roughness feeling (paragraph 0167) Claim Rejections - 35 USC § 103 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. Claim(s) 1-4, 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasutomi US 2014/0293341 in view of Higuchi et al US 20200002894 further in view of Horita et al US 2009/0103121. Regarding claim 1, Yasutomi teaches a non-transitory computer readable recording medium recording program for causing a computer that reproduces an image of a printed matter before printing (memory device 103 (paragraph 0051) and displays the image on a screen to implement (display device 102 is used to display print preview images (paragraph 0050-0051): wherein the changing function includes making a ratio at which the second image is combined inversely proportional to a size of the total amount of the color material used for printing the first image (image-portion regular reflection applicable area data is created with respect to the gloss-coated paper and the mat-coated paper. Then, depending on the type of paper selected (second image) from the input device 101, (6) image-portion regular reflection applicable area data (first image) corresponding to the selected type of paper is read (paragraph 0080) In FIGS. 6A to 6C, shades correspond to the data values (total amount of the color material for first image) of (7) image-portion regular reflection application ratio data. The white portion (second image) corresponds to the ratio of 1.0 of the image regular reflection characteristic data, while the black portion (second image) corresponds to the ratio of 0.0 of the image-portion regular reflection application ratio data (paragraph 0083) Note: the white and black portions of the image reads on the second image, which is the surface of the sheet. It is obvious that the larger the shade the smaller the sheet surface will be, therefore making it inversely proportionate to the amount of shade that is used Yasutomi fails to teach a changing function of, changing appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a different in characteristics of the surface of the sheet, for each pixel position Higuchi et al teaches a changing function of, changing appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a different in characteristics of the surface of the sheet, for each pixel position (When the additive contains a color material, if varying the supply amount of the additive supplied from the additive supply unit 52 per unit time, it is possible to change the granularity (roughness feeling) of the surface of the sheet S depending on the width and the period of the variation. the additive supplied from the additive supply unit 52 becomes the sheet S through, at least, the mixing unit 50 and the depositing unit 60, so that the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time does not necessarily simply correlate with the variation of the granularity of the surface of the sheet S. Therefore, making the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time is one means for changing the roughness feeling (paragraph 0167) Therefore, it would have been obvious to one of ordinary skill in the art to modify Yasutomi to include: a changing function of, changing appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a different in characteristics of the surface of the sheet, for each pixel position. The reason of doing so would be to accurately print a quality image based on the paper. Yasutomi in view of Higuchi et al fails to teach in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter Horia et al teaches in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter (the image forming sections 21Y, 21M, 21C, and 21K, ink materials of which the print densities are controlled by the control device 10 are applied to the printing plates, and the ink materials are sequentially transferred onto the paper sheet so that C, M, Y, and K color plate images are formed on the paper sheet and are sequentially superimposed (paragraph 0105) Therefore, it would have been obvious to one of ordinary skill in the art to modify Yasutomi in view of Higuchi et al to include: in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter. The reason of doing so would be to select an accurate medium for the desired ink to be printed on. Regarding claim 2, Yasutomi teaches wherein the changing function includes changing the appearance of the second image for each position when a characteristic of the surface of the sheet changes according to the position (conversion of toner is changed based the type (appearance) of the sheet (paragraph 0136 and figs 13A-13C). paper-portion regular reflection application ratio data is created in such a way that the ratio of applying the regular reflection texture of the paper portion differs according to the position (paragraph 0069) Regarding claim 3, Yasutomi teaches wherein the changing function includes changing the appearance of the second image when a change in color density appearing on the surface of the sheet or a change in glossiness appearing on the surface of the sheet exceeds a reference (with respect to a toner attachment area in which the gloss feel peculiar to the image portion is conspicuously seen (exceeds a reference) in the real image, a conversion characteristic that enables an increase in the value of T (T=increase (change) in toner) is written in the conversion data with respect to toner attachment area (paragraph 0138). Note: the increase or change in toner is read as change in color density since ink toner is measured in density and is colored, i.e. CMYK, therefore, the change in toner is according to the change in the type of paper (see fig 13) Regarding claim 4, Yasutomi teaches wherein the changing function includes changing the appearance of the second image when a change in unevenness feel appearing on the surface of the sheet exceeds a reference (a toner attachment area in which the gloss feel peculiar to the image portion is inconspicuously seen (exceeds a reference) in the real image, a conversion characteristic that enables a decrease (change in appearance) in the value of T is written in the conversion data (paragraph 0138). Regarding claim 6, Yasutomi teaches wherein when the size of the total amount of the color material used for printing the first image is M, the changing function includes combining the first image and the second image at a ratio of M : 1-M (The white portion (second image) corresponds to the ratio of 1.0 of the image regular reflection characteristic data, while the black portion (second image) corresponds to the ratio of 0.0 of the image-portion regular reflection application ratio data (paragraph 0083). Note: M=1, so 1-1=0, therefore the ratio would be 1.0 Regarding claim 7, Yasutomi teaches wherein when the size of the total amount of the color material used for printing the first image is M, the changing function includes combining glossiness of the first image and glossiness of the second image at a ratio of 1 : 1-M (The white portion (second image) corresponds to the ratio of 1.0 of the image regular reflection characteristic data, while the black portion (second image) corresponds to the ratio of 0.0 of the image-portion regular reflection application ratio data (paragraph 0083) Note: M=1, so 1-1=0, therefore the ratio would be 1.0 Regarding claim 8, Yasutomi teaches wherein the changing function includes correcting an unevenness feel of the surface of the sheet according to a size of the total amount of the color material used for printing the first image (the toner total attachment amount calculated from the original data (paragraph 0135). every time there is a change in the original data (size of total amount of color material or toner), image-portion regular reflection applicable area data (gloss feel) needs to be generated again (correction) (paragraph 0140) Regarding claim 9, Yasutomi teaches wherein the changing function includes reducing the unevenness feel of the surface of the sheet as the total amount of the color material used for printing the first image increases (while visually confirming the print image and the preview image, with respect to a toner attachment area in which the gloss feel peculiar to the image portion is conspicuously seen in the real image, a conversion characteristic that enables an increase in the value of T is written in the conversion data (paragraph 0138)Note: the conversion characteristics (conversion data) used during conversion of the toner total attachment amount T (paragraph 0136), this data is used to from a toner image. The conspicuousness of the gloss is read as a reduction in the normal look at feel of gloss since it can barely be seen Regarding claim 10, Yasutomi teaches an information processing apparatus (processing device 104 (paragraph 0050)comprising a processor, wherein the changing function includes making a ratio at which the second image is combined inversely proportional to a size of the total amount of the color material used for printing the first image (image-portion regular reflection applicable area data is created with respect to the gloss-coated paper and the mat-coated paper. Then, depending on the type of paper selected (second image) from the input device 101, (6) image-portion regular reflection applicable area data (first image) corresponding to the selected type of paper is read (paragraph 0080) In FIGS. 6A to 6C, shades correspond to the data values (total amount of the color material for first image) of (7) image-portion regular reflection application ratio data. The white portion (second image) corresponds to the ratio of 1.0 of the image regular reflection characteristic data, while the black portion (second image) corresponds to the ratio of 0.0 of the image-portion regular reflection application ratio data (paragraph 0083) Note: the white and black portions of the image reads on the second image, which is the surface of the sheet. It is obvious that the larger the shade the smaller the sheet surface will be, therefore making it inversely proportionate to the amount of shade that is used Yasutomi fails to teach changes, appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a difference in characteristics of the surface of the sheet, for each pixel position Higuchi et al teaches changes, appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a difference in characteristics of the surface of the sheet, for each pixel position (When the additive contains a color material, if varying the supply amount of the additive supplied from the additive supply unit 52 per unit time, it is possible to change the granularity (roughness feeling) of the surface of the sheet S depending on the width and the period of the variation. the additive supplied from the additive supply unit 52 becomes the sheet S through, at least, the mixing unit 50 and the depositing unit 60, so that the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time does not necessarily simply correlate with the variation of the granularity of the surface of the sheet S. Therefore, making the variation of the supply amount of the additive supplied from the additive supply unit 52 per unit time is one means for changing the roughness feeling (paragraph 0167) Therefore, it would have been obvious to one of ordinary skill in the art to modify Yasutomi to include: changes, appearance of the second image representing the surface of the sheet according to a total amount of the color material to be used for printing the corresponding first image and a difference in characteristics of the surface of the sheet, for each pixel position. The reason of doing so would be to accurately print a quality image based on the paper. Yasutomi in view of Higuchi et al fails to teach in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter Horia et al teaches in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter (the image forming sections 21Y, 21M, 21C, and 21K, ink materials of which the print densities are controlled by the control device 10 are applied to the printing plates, and the ink materials are sequentially transferred onto the paper sheet so that C, M, Y, and K color plate images are formed on the paper sheet and are sequentially superimposed (paragraph 0105) Therefore, it would have been obvious to one of ordinary skill in the art to modify Yasutomi in view of Higuchi et al to include: in a case where a first image generated according to a density value of a color material and a second image representing a surface of a sheet to be used for printing are combined to generate an image of a printed matter. The reason of doing so would be to select an accurate medium for the desired ink to be printed on. Conclusion Any inquiry concerning this communication should be directed to Michael Burleson whose telephone number is (571) 272-7460 and fax number is (571) 273-7460. The examiner can normally be reached Monday thru Friday from 8:00 a.m. – 4:30p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Akwasi Sarpong can be reached at (571) 270- 3438. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Michael Burleson Patent Examiner Art Unit 2681 Michael Burleson April 4, 2026 /MICHAEL BURLESON/ /AKWASI M SARPONG/SPE, Art Unit 2681 4/7/2026
Read full office action

Prosecution Timeline

Show 1 earlier event
Jan 30, 2025
Non-Final Rejection mailed — §103
Apr 17, 2025
Response Filed
Jul 28, 2025
Non-Final Rejection mailed — §103
Oct 08, 2025
Response Filed
Jan 06, 2026
Final Rejection mailed — §103
Mar 25, 2026
Request for Continued Examination
Mar 26, 2026
Response after Non-Final Action
Apr 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
74%
Grant Probability
67%
With Interview (-7.2%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 502 resolved cases by this examiner. Grant probability derived from career allowance rate.

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