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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/28/25 has been entered.
Response to Arguments
a. In regards to the U.S.C 35 103 rejection, Applicant submits Schermacher does not disclose “high resolution spectral data” “derived from wideband spectral data having no more than 14 points of bands.” In the system of Schermacher, high resolution spectral data in the form of “high resolution light transmittance data of the tint” is obtained first and converted to tristimulus data, as shown in the image below.
The claims, however, require the opposite--that wideband spectral data be obtained and converted to high resolution spectral data. The Examiner stated his interpretation that the term “wide[band] spectral data” means “the optical signal captured from a visible light range of an object forming the spectral curve.” (Office Action at 4.) Thus, the Examiner appears to have concluded that the high-resolution light transmittance data obtained by Schermacher is “wideband spectral data” and upon conversion to tristimulus data (La*b*), the tristimulus data is the high-resolution spectral data of the claims upon which amounts of colorants to be added are determined.
a.(Examiner’s response) Applicant's arguments filed have been fully considered but they are not persuasive. Applicant's specification teaches the high-resolution spectral curve data has a wavelength range of at least about 400
to about 600 nm i.e., visible spectrum (0077). Examiner submits a high resolution is a relative term which the prior art
can reasonably be interpreted under. Since Schermacher teaches a spectral curve data acquired from a visible spectrum, one of ordinary skill in the art can reasonably construe the spectral curve data as a high-resolution spectral curve data and the wideband spectral data as the optical signals ranging from 400-700 nm.
b. In regards to the U.S.C 35 103 rejection, Applicant submits the high-resolution transmittance data measured in Schermacher is not wideband spectral data. The Specification clearly distinguishes high resolution spectral data from wideband spectral data. For instance, the Specification explains that high resolution spectral data from spectrophotometers (e.g., 16 or 31 points over the visible spectrum) can be used to determine tint formulas (the amount of colorants or pigments added to achieve a desired color) (Specification §00007.). In contrast, low-resolution spectrophotometers may provide wideband spectral data, which includes more information than tristimulus data, and is “for example 8 or 10 points or wavelength bands of equal or unequal width, the bands overlapping or non-overlapping.” (Specification §(00010.) Thus, the high-resolution light transmittance data of Schermacher is as points in 10 nm increments over the visible spectral, resulting in 31 points. This is not wideband spectral data because it does not include at least one band.
b. (Examiner’s response) Applicant's arguments have been fully considered but they are not persuasive. Examiner submits the spectral curve is reasonably construed as a high-resolution spectral curve due to the resolution of 10 nm intervals in which the wideband spectral data signals taken from visible light from an object to form the spectral curve. The wideband spectral data has at least one band since the range of light bands are within 400-700 nm. Examiner notes applicant claims a broad recitation of a relative term of a high-resolution spectral curve and wideband spectral data. "Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitation that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment. SEE MPEP 2111.01. II.
c. In regards to the U.S.C 35 103 rejection, Applicant submits a proposed modification or combination is non-obvious if the modification would change the principle of operation of the cited reference. Manual of Patent Examining Procedure 2143.01.VI. Schermacher obtains high resolution light transmittance data obtained a high-resolution spectrophotometer and downgrades this data, using Computer 10, into tristimulus La*b* values. (Schermacher p. 6 Il. 35-39.) Schermacher uses tristimulus data to dial in the color of a measured material to a standard material by using known vectored amounts of each colorant to match the standard color. However, the amount that each colorant adjusts the tristimulus value is known in Schermacher.
The Specification explains that tristimulus data—like that used in Schermacher—alone cannot be used to generate a custom tint formula. (Specification 0009.) The present claims require that the formula not be pre-existing through the claim element “wherein the amounts of one or more colorants is not pre-determined.” (Claim 21.)
c. (Response to arguments) Applicant's arguments filed have been fully considered but they are not persuasive. As previously stated, the spectral curve is reasonably construed as a high-resolution spectral curve and the wideband spectral data are the optical signals ranging from 400-700 nm. Therefore, the claimed language of the wideband spectral data is not construed as the tristimulus La*b* values.
Examiner notes the claimed language “pre-determined” is interpreted as not being determined in advance. Since Schermacher teaches a computer configured to calculate the amounts of components to bring the tint within specified color tolerance values for the tint, one of ordinary skill can interpreted the amounts as not being determined in advance since color values are compared enabling subsequent amounts of colorants to being added to the tint.
d. In regards to the U.S.C 35 103 rejection, Applicant submits Lowery does not disclose an element of the claims. Specifically, the Examiner further cited Lowery (U.S. 2004/0131347) as “adding one or more colorants from an array of colorants to a base coating composition to generate a tinted coating.” This, however, omits a key element of the claims: “wherein the amounts of one or more colorants are not pre-determined”.
d. (Examiner’s response) Applicant's arguments filed have been fully considered but they are not persuasive. As stated above Schermacher addresses the limitation of “wherein the amounts of one or more colorants are not pre-determined”.
Claim 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, 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) 21, 25-32, & 36-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHERMACHER WO 02082026 in view of Lowery US 20040131347.
With respect to claim 21, Schermacher teaches a method for tinting a base coating according to a custom-tint formula, the method comprising:
wherein an amount “computer calculated the amounts of components to be added” (pg. 7, ¶ 8) of each colorant (fig 1, P1-P7) is based on high resolution spectral curve data “spectral curve of the tint” (pg. 6, ¶ 1) derived from wideband spectral data “visible spectrum” (pg. 6, ¶ 1) of a sensed surface “wet tint being prepared” (pg. 5, ¶ 6) , the wideband spectral data having at least one band “spectral curve of the tint” (pg. 6, ¶ 1), wherein the amounts of one or more colorants are not pre-determined “computer calculated the amounts of components to be added” (pg. 7, ¶ 8).
Schermacher does not teach adding one or more colorants from an array of colorants to a base coating composition to generate a tinted coating.
The Background of Lowery, in the same field of endeavor as Schermacher of color matching, teaches dozens or even hundreds of containers of tints are mixed with a neutral base coat solution to create paint of a desired color (0003). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to try to combine Schermacher’s colorants with a base coat within Schermacher’s mixer to yield a predictable result of generating a desired color.
With respect to claim 25 according to claim 21, the combination does not teach the method wherein the high-resolution spectral curve data has 16 points or 31 points.
Applicant’s specification teaches generally, spectrophotometers can measure the reflectance (in percent) at intervals across the visible spectrum. For example, a reflectance can be measured in 10 nm intervals from a wavelength of about 400 nm to about 700 nm. These measurements can be plotted on a spectral curve, often described as a "31-point" curve (0007). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to plot a 31-point curve at 400-700 nm via the combination’s spectrophotometer to provide an accurate characteristic of a detected color.
With respect to claim 26 according to claim 21, the combination does not teach the high-resolution spectral curve data ranges from about 450 nm to about 650 nm.
Applicant’s specification teaches generally, spectrophotometers can measure the reflectance (in percent) at intervals across the visible spectrum. For example, a reflectance can be measured in 10 nm intervals from a wavelength of about 400 nm to about 700 nm. These measurements can be plotted on a spectral curve, often described as a "31-point" curve (0007). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to plot a 31-point curve at 400-700 nm via the combination’s spectrophotometer to provide an accurate characteristic of a detected color.
With respect to claim 27 according to claim 21, the combination teaches the method wherein the amount “calculate the amount of colorant required” of each colorant is further based on base product attributes “Lightness” for each colorant in the array of colorants (pg. 5, ¶ 2, lines 5-10 Schermacher).
With respect to claim 28 according to claim 21, the combination teaches the method wherein the amount of each colorant is further based on information about existing palette colors “Standard Tint - Wet L* = 78.99 A* = - 65.61 b* = 35.05” (pg. 6, ¶ 8 Schermacher).
With respect to claim 29 according to claim 21, the combination teaches the method wherein the custom tint formula is based on a tint formula “Absolute Values L* = 62.86 a* = -53.19 b* = 17.65” (pg. 7, ¶ 17 Schermacher) for a closest match to an existing palette color “within the specified color and strength tolerance” (pg. 4, ¶ 3 Schermacher).
With respect to claim 30 according to claim 21, the combination teaches the method wherein the array of colorants includes at least green (pg. 7, ¶ 6 Schermacher).
With respect to claim 31 according to claim 21, the combination teaches the method wherein the base coating composition is a paint (claim 6 Schermacher).
With respect to claim 32, Schermacher teaches a computer-implemented code for tinting a base coating according to a custom-tint formula, the code including instructions for performing the steps of:
adding “computer calculated the amounts of components to be added” (pg. 7, ¶ 8) one or more colorants (fig 1, P1-P7) from an array of colorants to a coating composition to generate a tinted coating “transparent tint” (abstract, line 1),
wherein an amount “computer calculated the amounts of components to be added” (pg. 7, ¶ 8) of each colorant is based on high resolution spectral curve data “spectral curve of the tint” (pg. 6, ¶ 1) derived from wideband spectral data “visible spectrum” (pg. 6, ¶ 1) of a sensed surface “wet tint being prepared” (pg. 5, ¶ 6), wherein the amounts of one or more colorants is not pre-determined “computer calculated the amounts of components to be added” (pg. 7, ¶ 8).
Schermacher does not teach adding one or more colorants from an array of colorants to a base coating composition to generate a tinted coating.
The Background of Lowery, in the same field of endeavor as Schermacher of color matching, teaches dozens or even hundreds of containers of tints are mixed with a neutral base coat solution to create paint of a desired color (0003). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to try to combine Schermacher’s colorants with a base coat within Schermacher’s mixer to yield a predictable result of generating a desired color.
With respect to claim 36 according to claim 32, the combination does not teach the computer-implemented code wherein the high-resolution spectral curve data has 16 points or 31 points.
Applicant’s specification teaches generally, spectrophotometers can measure the reflectance (in percent) at intervals across the visible spectrum. For example, a reflectance can be measured in 10 nm intervals from a wavelength of about 400 nm to about 700 nm. These measurements can be plotted on a spectral curve, often described as a "31-point" curve (0007). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to plot a 31-point curve at 400-700 nm via the combination’s spectrophotometer to provide an accurate characteristic of a detected color.
With respect to claim 37 according to claim 32, the combination does not teach the computer-implemented code wherein the high-resolution spectral curve data ranges from about 450 nm to about 650 nm.
Applicant’s specification teaches generally, spectrophotometers can measure the reflectance (in percent) at intervals across the visible spectrum. For example, a reflectance can be measured in 10 nm intervals from a wavelength of about 400 nm to about 700 nm. These measurements can be plotted on a spectral curve, often described as a "31-point" curve (0007). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to plot a 31-point curve at 400-700 nm via the combination’s spectrophotometer to provide an accurate characteristic of a detected color.
With respect to claim 38 according to claim 32, the combination teaches the computer-implemented code wherein the amount of each colorant “calculate the amount of colorant required” is further based on base product attributes “Lightness” for each colorant “color vector values of each colorant are generated by the computer” in the array of colorants (pg. 5, ¶ 2, lines 5-10 Schermacher).
With respect to claim 39 according to claim 32, the combination teaches the computer-implemented code
wherein the amount of each colorant is further based on information about existing palette colors “Standard Tint - Wet L* = 78.99 A* = - 65.61 b* = 35.05” (pg. 6, ¶ 8 Schermacher).
With respect to claim 40 according to claim 32, the combination teaches the computer-implemented code
wherein the custom tint formula “Absolute Values L* = 62.86 a* = -53.19 b* = 17.65” (pg. 7, ¶ 17 Schermacher) is based on a tint formula for a closest match “within the specified color and strength tolerance” (pg. 4, ¶ 3 Schermacher) to an existing palette color.
With respect to claim 41 according to claim 32, the combination teaches the computer-implemented code,
wherein the array of colorants includes at least green (pg. 7, ¶ 6 Schermacher).
With respect to claim 42 according to claim 32, the combination teaches the computer-implemented code,
wherein the base coating composition is a paint (claim 6 Schermacher).
Claim(s) 22 & 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHERMACHER WO 02082026 in view of Lowery US 20040131347 in further view of paper of N. Sandor, “Spectral Interpolation Errors” 3 March 2005 hereafter Sandor in further view of paper of Iain Trevor Pike, “Comparison of Color Measurement Instruments in the Characterization of Color Output”, 1994 hereafter Pike.
With respect to claim 22 according to claim 21, the combination does not teach the high-resolution spectral curve data is derived from wideband spectral data of a sensed surface by interpolating the wideband spectral data.
Sandor, in the same field of endeavor as Schermacher of colorimetry via Color Lab, teaches the CIE standard is interpolated to a 1 nm spectral step size (pg. 350, ¶4). Sandor further teaches increments of the spectral steps are taken over a wideband wavelength range of 380 nm-780nm (pg. 349, ¶ 2, lines 30-40). Examiner notes one of ordinary skill would understand spectral each point along wavelength range is incrementally interpolated to form a spectral curve. At the time prior to the effective filing date of the invention it would have been obvious to interpolate the combinations wideband spectral data to yield the predictable result of a spectral curve thereby characterizing light.
The combination does not specifically teach a low-resolution spectrometer.
Pike, in the same field of endeavor as Schermacher of colorimetry via Color Lab, teaches a low-resolution spectrophotometer (pg. 221, ¶ 1, lines 1-3) configured to acquire color data. At the time prior to the effective filing date of the invention it would have been obvious to combine Pike’s low-resolution spectrophotometer with the combination’s light source to acquire color measurements with high accuracy which compares favorably with instruments from other significant manufacturers (pg. 221, ¶ 1, lines 5-9).
With respect to claim 33 according to claim 32, the combination does not teach the high-resolution spectral curve data is derived from wideband spectral data of a sensed surface by interpolating the wideband spectral data.
Sandor, in the same field of endeavor as Schermacher of colorimetry via Color Lab, teaches the CIE standard is interpolated to a 1 nm spectral step size (pg. 350, ¶4). Sandor further teaches increments of the spectral steps are taken over a wideband wavelength range of 380 nm-780nm (pg. 349, ¶ 2, lines 30-40). Examiner notes one of ordinary skill would understand each spectral point along wavelength range is incrementally interpolated to form a spectral curve. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to interpolate the combinations wideband spectral data to yield the predictable result of a spectral curve thereby characterizing light.
Pike, in the same field of endeavor as Schermacher of colorimetry via Color Lab, teaches a low-resolution spectrophotometer (pg. 221, ¶ 1, lines 1-3) configured to acquire color data. At the time prior to the effective filing date of the invention it would have been obvious to combine Pike’s low-resolution spectrophotometer with the combination’s light source to acquire color measurements with high accuracy which compares favorably with instruments from other significant manufacturers (pg. 221, ¶ 1, lines 5-9).
Claim(s) 23, 24, 34, & 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHERMACHER WO 02082026 in view of Lowery US 20040131347 in further view of paper of N. Sandor, “Spectral Interpolation Errors” 3 March 2005 hereafter Sandor in further view of paper of Iain Trevor Pike, “Comparison of Color Measurement Instruments in the Characterization of Color Output”, 1994 hereafter Pike in further view of Measure Color, “Spectro 1 Series: How to use Spot Color Tool”, https://www.youtube.com/watch?v=Dt9nrDwgg5o&list=PLAbTa8RYEtJ8xRybvcCqs2MIPc0Ji8hkd&index=6, Jul 9, 2020 hereafter Measure Color.
With respect to claim 23 according to claim 22, the combination does not teach wherein the wideband spectral data is obtained by a portable device.
Measure Color, in the same field of endeavor of Schermacher of color detection via a spectrophotometer, teaches a Spectro i.e., portable low-resolution spectrophotometer (Applicant’ specification (0032, lines19-20) configured to detect colors from a sample for further comparison via a computer (fig 1). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to substitute Schermacher’s spectrophotometer for Measure Color’s low-resolution spectrophotometer as a portable, quick, and accurate means to detect a color from a sample.
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With respect to claim 24 according to claim 22, the combination does not teach the wherein the high-resolution spectral data is communicated to a tinter using a mobile software application.
Measure Color, in the same field of endeavor of Schermacher of color detection via a spectrophotometer, teaches a Spectro i.e. portable low-resolution spectrophotometer (Applicant’ specification (0032, lines19-20) configured to detect colors from a sample for further comparison via a mobile software application (fig 1, tablet). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Measure Color’s low-resolution spectrophotometer and mobile software application with the combination’s tinter as a portable, quick, and accurate means to detect a color from a sample.
With respect to claim 34 according to claim 32, the combination does not teach the wideband spectral data is obtained by a portable device.
Measure Color, in the same field of endeavor of Schermacher of color detection via a spectrophotometer, teaches a Spectro i.e. portable low-resolution spectrophotometer (Applicant’ specification (0032, lines19-20) configured to detect colors from a sample for further comparison via a computer (fig 1). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to substitute Schermacher’s spectrophotometer for Measure Color’s low-resolution spectrophotometer as a portable, quick, and accurate means to detect a color from a sample.
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With respect to claim 35 according to claim 32, the combination does not teach the high-resolution spectral data is communicated to a tinter using a mobile software application.
Measure Color, in the same field of endeavor of Schermacher of color detection via a spectrophotometer, teaches a Spectro i.e., portable low-resolution spectrophotometer (Applicant’ specification (0032, lines 19-20) configured to detect colors from a sample for further comparison via a mobile software application (fig 1, tablet). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Measure Color’s low-resolution spectrophotometer and mobile software application with the combination’s tinter as a portable, quick, and accurate means to detect a color from a sample.
Conclusion
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/MAURICE C SMITH/Examiner, Art Unit 2877