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 on February 04, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed February 04, 2026 with regard to the 35 USC 101 rejections have been fully considered but they are persuasive. 35 USC 101 rejections for claims 1-20 are now withdrawn according the arguments and the amendment received on February 04, 2026.
Response to Amendment
The amendment to the claims received on February 04, 2026 has been entered.
The amendment of claims 1, 3, 11, 13 and 20 is acknowledged.
Examiner Note
The limitation in claim 1, “filtering colors of objects other than text in the image by using a color clustering algorithm, wherein the number of determined text regions according to color clusters in greater or equal to a predetermined number, the separation of the first text region is based on a first separator and otherwise the separation of the first text region is based on a second separator.” is considered as additional elements that are sufficient to amount to significantly more than the judicial exception according to the improvement as disclosed in paragraphs 3, 36, 65, 95, 151 and 152 of the filed original specification.
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.
Claims 1-3, 5, 7, 8, 11-13, 15, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jian’270 (CN 112766270), and further in view of BIN’029 (CN 106056029), RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 (US 7,630,544).
With respect to claim 11, Jian’270 teaches a server (Fig. 10) comprising:
a memory storing one or more instructions (Fig.10); and
one or more processors configured to execute the one or more instructions stored in the memory (Fig.10) to
obtain an image including a first text and a second text overlapping the first text (Fig.7 and Fig.8).
Jian’270 does not teach filtering colors of objects other than text in the image by using a color clustering algorithm, separate a first text region corresponding to the first text from the image, extract pixels corresponding the first text region to obtain an undamaged portion and a damaged portion of the first text, and reconstruct the first text by inpainting the damaged portion of the first text in which the first text overlaps the second text in the image, wherein the number of determined text regions according to color clusters in greater or equal to a predetermined number, the separation of the first text region is based on a first separator and otherwise the separation of the first text region is based on a second separator.
BIN’029 teaches filtering colors of objects other than text in the image by using a color clustering algorithm [using the color clustering analysis, the characters and the background of the lamp are being distinguished (page 6)].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Jian’270 according to the teaching of BIN’029 to use the color clustering analysis to distinguish the overlapped characters because this will allow the overlapped characters to be identified and separated more effectively.
The combination of Jian’270 and BIN’029 does not teach separate a first text region corresponding to the first text from the image, extract pixels corresponding the first text region to obtain an undamaged portion and a damaged portion of the first text, and reconstruct the first text by inpainting the damaged portion of the first text in which the first text overlaps the second text in the image, wherein the number of determined text regions according to color clusters in greater or equal to a predetermined number, the separation of the first text region is based on a first separator and otherwise the separation of the first text region is based on a second separator.
RecycleNet: An Overlapped Text Instance Recovery Approach teaches separate a first text region corresponding to the first text from the image (Fig.1),
extract pixels corresponding the first text region to obtain an undamaged portion and a damaged portion of the first text (Fig.1, Fig.2 and section 1), and
reconstruct the first text by inpainting the damaged portion of the first text in which the first text overlaps the second text in the image (Fig.1, Fig.2 and section 1).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270 and BIN’029 according to the teaching of RecycleNet: An Overlapped Text Instance Recovery Approach to separate the overlapping texts and then to perform text recognition because this will enhance the accuracy of the text detection.
The combination of Jian’270, BIN’029 and RecycleNet: An Overlapped Text Instance Recovery Approach does not teach wherein the number of determined text regions according to color clusters in greater or equal to a predetermined number, the separation of the first text region is based on a first separator and otherwise the separation of the first text region is based on a second separator.
Zhou’544 teaches wherein the number of determined text regions according to color clusters in greater or equal to a predetermined number, the separation of the first text region is based on a first separator and otherwise the separation of the first text region is based on a second separator [The area bounding the cluster of regions that meets morphological constraints and has the largest number of regions is deemed to be the character set location in the digital image allowing the character set encompassed by the area to be extracted (col.4, lines 14-25). When the characters are being extracted, the characters are considered being separated.].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029 and RecycleNet: An Overlapped Text Instance Recovery Approach according to the teaching of Zhou’544 to determine an area in an image having the number of the text regions which is over a predefined number for extracting the text because this allow the text on an image to be extracted more effectively.
With respect to claim 12, which further limits claim 11, Jian’270 teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to determine a plurality of text regions by segmenting the first text and the second text in the image into a plurality of character groups (Fig.7 and Fig.8).
The combination of Jian’270, BIN’029 and Zhou’544 does not teach separate the first text region from among the plurality of text regions.
RecycleNet: An Overlapped Text Instance Recovery Approach teaches separate the first text region from among the plurality of text regions (section 3.3 and Fig.4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029 and Zhou’544 according to the teaching of RecycleNet: An Overlapped Text Instance Recovery Approach to separate the overlapping texts and then to perform text recognition because this will enhance the accuracy of the text detection.
With respect to claim 13, which further limits claim 12, the combination of Jian’270, BIN’029 and Zhou’544 does not teach wherein any one or combination of the one or m re processors is further configured to execute the one or more instructions to determine the plurality of text regions by applying the color clustering algorithm to the image to group characters of adjacent colors in a color space.
RecycleNet: An Overlapped Text Instance Recovery Approach teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to determine the plurality of text regions by applying the color clustering algorithm to the image to group characters of adjacent colors in a color space (section 3.1 and Fig.4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029 and Zhou’544 according to the teaching of RecycleNet: An Overlapped Text Instance Recovery Approach to separate the overlapping texts and then to perform text recognition because this will enhance the accuracy of the text detection.
With respect to claim 15, which further limits claim 13, the combination of Jian’270, BIN’029 and Zhou’544 does not teach wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to obtain, based on the image, a text region map indicating locations of the first text and the second text in the image, and determine the plurality of text regions based on the text region map.
RecycleNet: An Overlapped Text Instance Recovery Approach teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to obtain, based on the image, a text region map indicating locations of the first text and the second text in the image, and determine the plurality of text regions based on the text region map (sections 3.1 and 3.2).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029 and Zhou’544 according to the teaching of RecycleNet: An Overlapped Text Instance Recovery Approach to separate the overlapping texts and then to perform text recognition because this will enhance the accuracy of the text detection.
With respect to claim 17, which further limits claim 12, the combination of Jian’270, BIN’029 and Zhou’544 does not teach wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to determine the plurality of text regions based on at least one of a language, a font, a format, a corpus, or a logo of each of the first text and the second text.
RecycleNet: An Overlapped Text Instance Recovery Approach teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to determine the plurality of text regions based on at least one of a language, a font, a format, a corpus, or a logo of each of the first text and the second text (section 4.1).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029 and Zhou’544 according to the teaching of RecycleNet: An Overlapped Text Instance Recovery Approach to determine the plurality of text regions based on Arabic numbers and/or uppercase/lowercase English letters and/or regular Chinese characters this will enhance the accuracy of the text detection.
With respect to claim 18, which further limits claim 11, Jian’270 teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to apply optical character recognition (OCR) to the first text (page 2).
With respect to claims 1-3, 5, 7 and 8, they are being rejected for the same manner as described in the rejected claims 11-13, 15, 17 and 18.
With respect to claim 20, it is being rejected for the same manner as described in the rejected claim 11.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jian’270 (CN 112766270), BIN’029 (CN 106056029), RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 (US 7,630,544) and further in view of Naoki’932 (EP 2977932).
With respect to claim 14, which further limits claim 13, the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 does not teach wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to receive a user input for selecting the first text in the image, and apply the color clustering algorithm to the first text region corresponding to the user input in the image.
Naoki’932 teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to receive a user input for selecting the first text in the image [a reception unit receives image data inputted by a user operation (paragraph 21)], and
apply the color clustering algorithm to the first text region corresponding to the user input in the image (paragraphs 35 and 36).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 according to the teaching of Naoki’932 to perform cluster the desired text region because this will enhance the accuracy of the text detection.
With respect to claim 4, it is being rejected for the same manner as described in the rejected claim 14.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jian’270 (CN 112766270), BIN’029 (CN 106056029), RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 (US 7,630,544) and further in view of Fei-peng’481 (CN 103268481).
With respect to claim 16, which further limits claim 15, the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 does not teach wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to apply the; color clustering algorithm based on the text region map.
Fei-peng’481 teaches wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to apply the; color clustering algorithm based on the text region map [the regions of the text are being determined and then to colour cluster the text regions using the kmeans clustering algorithm (abstract and Fig.1)].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 according to the teaching of Fei-peng’481 to colour cluster the text regions using the kmeans clustering algorithm because this will enhance the accuracy of the text detection.
With respect to claim 6, it is being rejected for the same manner as described in the rejected claim 16.
Claims 9, 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over BIN’029 (CN 106056029), RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 (US 7,630,544) and further in view of TOMII’389 (WO 2017199389).
With respect to claim 19, which further limits claim 11, the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 does not teach wherein the image comprises a label image related to food the first text comprises a text related to the food, and wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to provide information related to the food, based on a result of applying the OCR to the first text.
TOMII’389 teaches wherein the image comprises a label image related to food the first text comprises a text related to the food, and wherein any one or combination of the one or more processors is further configured to execute the one or more instructions to provide information related to the food, based on a result of applying the OCR to the first text [the captured menu table is being performed OCR to recognize the characters in the captured menu table (pages 3 and 4)].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270, BIN’029, RecycleNet: An Overlapped Text Instance Recovery Approach and Zhou’544 according to the teaching of WEI’849 to perform optical character recognition for a menu table because this will the information on the menu table to be obtained more effectively.
With respect to claim 9, it is being rejected for the same manner as described in the rejected claim 19.
With respect to claim 10, which further limits claim 9, the combination of Jian’270 and RecycleNet: An Overlapped Text Instance Recovery Approach does not teach comprising transmitting the information related to the food to an external device.
TOMII’389 teaches comprising transmitting the information related to the food to an external device (page 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jian’270 and RecycleNet: An Overlapped Text Instance Recovery Approach according to the teaching of WEI’849 to perform optical character recognition for a menu table because this will the information on the menu table to be obtained more effectively.
Conclusion
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.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUO LONG CHEN whose telephone number is (571)270-3759. The examiner can normally be reached on M-F 9am - 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tieu, Benny can be reached on (571) 272-7490. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUO LONG CHEN/Primary Examiner, Art Unit 2682