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 .
Status of Claims
Claims 1, 2, 7, 13, and 14 are amended.
Claims 3-6, 8-12, and 15-22 are as previously presented.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claims 1-6, 8, 13-16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Warashina (US 20210019920 A1), hereinafter Warashina, in view of Campbell (US 20170199652 A1), hereinafter Campbell.
Regarding claim 1, Warashina teaches a color selecting method in an information processing device that performs signal interaction with a position indicator (Fig. 1, paragraph 19, input unit to perform input operations such as a mouse or touch panel interpreted as a position indicator), the color selecting method comprising: detecting a circular motion operation of the position indicator in a color selection guide figure displayed on a display screen, according to the signal interaction with the position indicator, and selecting a hue corresponding to an angular position in the circular motion operation (Fig. 5, paragraph 17, 21-22, wherein user input determines the reference color, and hue changing in a circumferential direction of the color wheel is interpreted as detecting a circular motion operation of the position indicator and selecting a hue based on the angular position in the circular motion operation, and the color wheel is interpreted as a color selection guide figure); detecting a rectilinear motion operation of the position indicator in a radial direction from a center of the color selection guide figure, and selecting a first one of a saturation or a lightness according to a position on a straight line in the rectilinear motion operation (Fig. 5, paragraph 17, 21-22, wherein user input determines the reference color, and saturation changing based on the distance from the center of a color wheel radially outward is interpreted as selecting a saturation based on a rectilinear motion operation in a radial direction and position on a straight line from the center of the color selection guide); and selecting a color based on the hue selected according to the circular motion operation, the first one of the saturation or the lightness selected according to the rectilinear motion operation, and a second one of the saturation or the lightness (paragraph 21-22, wherein setting a reference color based on user inputted hue, saturation, and lightness of the desired color is interpreted as selecting a color based on hue, saturation, and lightness selected according to various operations from an input device).
Warashina does not teach detecting a displacement quantity or a displacement position based on a movement of the position indicator in a direction intersecting a direction of the rectilinear motion operation according to the signal interaction with the position indicator, and selecting a second one of the saturation or the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation.
Campbell teaches detecting a displacement quantity or a displacement position based on a movement of the position indicator in a direction intersecting a direction of the rectilinear motion operation according to the signal interaction with the position indicator, (Fig. 5, paragraph 67-68, wherein measuring the amount pressure is interpreted as detecting a displacement quantity, and where pressure being on a third axis extended from a two-dimensional coordinate system that detects gesture inputs suggests it intersects the direction of a rectilinear motion operation) and selecting a second one of the saturation or the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation (Fig. 5, paragraph 67, wherein the darkness of the color being determined by the amount of pressure is interpreted as the lightness being selected according to the displacement quantity).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Warashina to incorporate the teachings of Campbell for this method of color selection. Warashina discusses a method of selecting a color based on its hue, saturation, and lightness properties on a color wheel, for the purposes of extracting elements of that color from a given image. Campbell discusses a method of previewing and changing color properties of an art tool in a user interface, where a user can perform gestures to modify color properties more intuitively. Both references discuss user inputs for modifying and selecting a specified color, for the purposes of editing images. Warashina discusses extracting the selected color from an input image, and Campbell discusses editing the colors of objects within an image. Because both references discuss analogous art on selecting colors for editing images, it would be obvious to combine them.
Regarding claim 2, Warashina in view of Campbell disclose the method of claim 1. Additionally, Warashina teaches the color selecting method according to claim 1, wherein: the detecting the circular motion operation of the position indicator includes detecting the angular position on a circumference in the circular motion operation of the position indicator according to the signal interaction with the position indicator, and the selecting the hue includes selecting the hue according to the angular position from among different hues assigned according to angular positions on the circumference (Fig. 5, paragraph 17-18, 21-22, wherein user input determines the reference color, and hue changing in a circumferential direction of the color wheel is interpreted as detecting a circular motion operation of the position indicator and selecting a hue based on the position in a circumferential direction is interpreted as selecting the hue based on its assigned angular position) the detecting the rectilinear motion operation of the position indicator includes detecting the position on the straight line in the rectilinear motion operation of the position indicator according to the signal interaction with the position indicator, and the selecting the first one of the saturation or the lightness includes selecting the first one of the saturation or the lightness according to the position on the straight line from among one of a saturation group or a lightness group that is assigned different values according to positions on the straight line (Fig. 5, paragraph 17-18, 21-22, wherein user input determines the reference color, and saturation changing from the center of a color wheel from a straight line extending radially outward from the center is interpreted as selecting a saturation according its assigned position on a straight line).
Warashina does not teach where the detecting the displacement quantity or the displacement position includes detecting the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation, according to the signal interaction with the position indicator, and the selecting the second one of the of the saturation or the lightness includes selecting the second one of the saturation or the lightness according to the displacement quantity or the displacement position in a displacement of a state of the position indicator from among the second one of the saturation group or the lightness group that is assigned different values according to displacement quantities or displacement positions based on movements of the position indicator in the direction intersecting the direction of the rectilinear motion operation.
Campbell teaches detecting the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation (Fig. 5, paragraph 67-68, wherein measuring the amount pressure is interpreted as detecting a displacement quantity, and where pressure being on a third axis extended from a two-dimensional coordinate system that detects gesture inputs suggests it intersects the direction of a rectilinear motion operation), according to the signal interaction with the position indicator, and the selecting the second one of the of the saturation or the lightness includes selecting the second one of the saturation or the lightness according to the displacement quantity or the displacement position in a displacement of a state of the position indicator from among the second one of the saturation group or the lightness group that is assigned different values according to displacement quantities or displacement positions based on movements of the position indicator in the direction intersecting the direction of the rectilinear motion operation (Fig. 5, paragraph 67-68, wherein the amount of pressure determining the darkness of a color is interpreted as selecting an assigned lightness group based on the displacement of the position indicator).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 3, Warashina in view of Campbell disclose the method of claim 1. Additionally, Warashina teaches the color selecting method according to claim 1, wherein: the rectilinear motion operation of the position indicator is a rectilinear motion operation in a circular plane including a circumference formed by the circular motion operation of the position indicator, and the movement of the position indicator is in a direction intersecting the circular plane (Fig. 5, paragraph 17-18, 21-22, wherein color is determined by a user input, and changing saturation increasing on a line extending from the center of a color wheel is interpreted as representing a rectilinear motion operation, and the color wheel representing a two-dimensional color space suggests the rectilinear motion is in a direction intersecting the circular plane).
Regarding claim 4, Warashina in view of Campbell discloses the method of claim 1. Additionally, Campbell teaches the color selecting method according to claim 1, wherein: the position indicator includes a pressure detector which, in operation, detects a pressure applied to a position indicating portion of the position indicator, and the displacement quantity based on the movement of the position indicator is the pressure detected by the pressure detector (Fig. 9, paragraph 81-85, wherein user input data includes a user interaction recognition module that detects pressure and pressure amount, and wherein pressure is defined as a capacitance change which is interpreted as a displacement quantity).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 5, Warashina in view of Campbell discloses the method of claim 1. Additionally, Campbell teaches the color selecting method according to claim 1, wherein: the movement of the position indicator is an intersecting direction rectilinear motion operation of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator (Fig. 4, paragraph 62-66, wherein a UI preview element is interpreted as a position indicator, and moving the UI preview element within a 2D coordinate system linearly along a first and second axis suggests moving a position indicator in a rectilinear motion operation, and in a direction intersecting the rectilinear motion operation), and the displacement position based on the movement of the position indicator is a position on a straight line in the intersecting direction rectilinear motion operation of the position indicator (Fig. 5, paragraph 67-68, wherein detecting the pressure of an input is interpreted as detecting the displacement quantity based on movement of the position indicator, and pressure being a third axis to a two-dimensional coordinate system suggests it is in a direction intersecting the direction of a rectilinear motion operation performed on the other axes).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 6, Warashina in view of Campbell discloses the method of claim 1. Additionally, Campbell teaches the color selecting method according to claim 1, wherein: the circular motion operation of the position indicator is a circular motion operation of a position indicating portion of the position indicator (Fig. 6, paragraph 69-70, wherein rotating a UI preview element on a UI screen is interpreted as a circular motion operation of a position indicating portion of the position indicator), the rectilinear motion operation of the position indicator is a rectilinear motion operation of the position indicating portion of the position indicator (Fig. 6, paragraph 69-70, wherein linearly moving a UI preview element within a 2D axis to determine its position is interpreted as a rectilinear motion operation of the position indicating portion of the position indicator), and the movement of the position indicator is a movement of the position indicating portion of the position indicator (Fig. 1, paragraph 29, wherein a user input repositioning the UI preview element is interpreted as the movement of the position indicating portion of the position indicator).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 8, Warashina in view of Campbell discloses the method of claim 2. Additionally, Campbell teaches the color selecting method according to claim 2, wherein: the circular motion operation of the position indicator is a circular motion operation of a position indicating portion of the position indicator (Fig. 6, paragraph 69-70, wherein rotating a UI preview element on a UI screen is interpreted as a circular motion operation of a position indicating portion of the position indicator), the rectilinear motion operation of the position indicator is a rectilinear motion operation of the position indicating portion of the position indicator (Fig. 6, paragraph 69-70, wherein linearly moving a UI preview element within a 2D axis to determine its position is interpreted as a rectilinear motion operation of the position indicating portion of the position indicator), and the movement of the position indicator is a movement of the position indicating portion of the position indicator (Fig. 1, paragraph 29, wherein a user input repositioning the UI preview element is interpreted as the movement of the position indicating portion of the position indicator).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 13, Warashina teaches a color selecting apparatus comprising: a position indicator; and an information processing device which, in operation, performs signal interaction with the position indicator (Fig. 1, paragraph 19, input unit to perform input operations such as a mouse or touch panel interpreted as a position indicator), wherein the information processing device includes: a processor (paragraph 19); and a memory storing instructions that, when executed the processor, cause the information processing device to: detect a circular motion operation of the position indicator in a color selection guide figure displayed on a display screen, according to the signal interaction with the position indicator, select a hue corresponding to an angular position in the circular motion operation (Fig. 5, paragraph 17, 21-22, wherein user input determines the reference color, and hue changing in a circumferential direction of the color wheel is interpreted as detecting a circular motion operation of the position indicator and selecting a hue based on the circular motion operation corresponding to the angular position, and the color wheel is interpreted as a color selection guide figure); detecting a rectilinear motion operation of the position indicator in a radial direction from a center of the color selection guide figure, and selecting a first one of a saturation or a lightness according to a position on a straight line in the rectilinear motion operation (Fig. 5, paragraph 17, 21-22, wherein user input determines the reference color, and saturation changing based on the distance from the center of a color wheel radially outward is interpreted as selecting a saturation based on a rectilinear motion operation in a radial direction and position on a straight line from the center of the color selection guide);, according to the signal interaction with the position indicator, and selecting a color based on the hue selected according to the circular motion operation, the first one of the saturation, or the lightness according to the rectilinear motion operation (paragraph 21-22, wherein setting a reference color based on user inputted hue, saturation, and lightness of the desired color is interpreted as selecting a color based on hue, saturation, and lightness selected according to various operations from an input device).
Warashina does not teach detecting a displacement quantity or a displacement position based on a movement of the position indicator in a direction intersecting a direction of the rectilinear motion operation of the position indicator, according to the signal interaction with the position indicator, and selecting a second one of the saturation or the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation; and selecting a color based on the second one of the saturation or the lightness selected according to the displacement quantity or the displacement position.
Campbell teaches detecting a displacement quantity or a displacement position based on a movement of the position indicator in a direction intersecting a direction of the rectilinear motion operation according to the signal interaction with the position indicator, (Fig. 5, paragraph 67-68, wherein measuring the amount pressure is interpreted as detecting a displacement quantity, and where pressure being on a third axis extended from a two-dimensional coordinate system that detects gesture inputs suggests it intersects the direction of a rectilinear motion operation) and selecting a second one of the saturation or the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation; and selecting a color based on the second one of the saturation or the lightness selected according to the displacement quantity or the displacement position (Fig. 5, paragraph 67, wherein the darkness of the color being determined by the amount of pressure is interpreted as the color and its lightness and saturation being selected according to the displacement quantity).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 14, Warashina teaches the color selecting apparatus according to claim 13, wherein: the instructions, when executed the processor, cause the information processing device to, according to the signal interaction with the position indicator, detect the angular position on a circumference in the circular motion operation of the position indicator (Fig. 5, paragraph 17-18, 21-22, wherein user input determines the reference color, and hue changing in a circumferential direction of the color wheel is interpreted as detecting a circular motion operation of the position indicator and its angular position), and detect a position on a straight line in the rectilinear motion operation of the position indicator (Fig. 5, paragraph 17-18, 21-22, wherein user input determines the reference color, and saturation changing from the center of a color wheel from a straight line extending radially outward from the center is interpreted as detecting a position on a straight line in a rectilinear motion operation), wherein the information processing device stores color selection table information including first table information having different hues assigned to angular positions different from each other on the circumference in the circular motion operation of the position indicator, second table information having a first one of a saturation group or a lightness group, the first one of the saturation group or the lightness group including different values assigned to positions different from each other on the straight line in the rectilinear motion operation of the position indicator, and third table information having a second one of the saturation group or the lightness group, the second one of the saturation group or the lightness group including different values (Fig. 5, paragraph 17-18, 29, wherein each position in the color wheel and lightness bar corresponds to a respective hue, saturation, and lightness, and boundary lines representing ranges of hue, saturation, and lightness are interpreted as a color wheel containing table information for hue, saturation, and lightness), and the instructions, when executed the processor, cause the information processing device to select the color of the hue, the saturation, and the lightness by referring to the color selection table information, according to the angular position in the circular motion operation of the position indicator, and the position on the straight line formed by the rectilinear motion operation of the position indicator (paragraph 21-22, wherein setting a reference color on the color wheel based on user inputted hue, saturation, and lightness of the desired color is interpreted as selecting a color based on hue, saturation, and lightness selected according to various operations from an input device).
Warashina does not teach detecting the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator, having the second one of the saturation group or the lightness group including different values assigned to displacement quantities or displacement positions different from each other, the displacement quantities or the displacement positions being based on movements of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator, and selecting the color of the hue, the saturation, and the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation.
Campbell teaches detecting the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator (Fig. 5, paragraph 67-68, wherein measuring the amount pressure is interpreted as detecting a displacement quantity, and where pressure being on a third axis extended from a two-dimensional coordinate system that detects gesture inputs suggests it intersects the direction of a rectilinear motion operation), having the second one of the saturation group or the lightness group including different values assigned to displacement quantities or displacement positions different from each other, the displacement quantities or the displacement positions being based on movements of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator (Fig. 5, paragraph 57, 67, wherein the darkness of the color being determined by the amount of pressure is interpreted as the lightness being selected according to the displacement quantity, and the UI preview element having a range of values for the selected property, which includes the lightness, suggests different values for lightness are assigned to the different displacement quantities), and selecting the color of the hue, the saturation, and the lightness according to the displacement quantity or the displacement position based on the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation (Fig. 5, paragraph 67, wherein the darkness of the color being determined by the amount of pressure is interpreted as the color and its lightness being selected according to the displacement quantity).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 15, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Campbell teaches the color selecting apparatus according to claim 13, wherein: the information processing device includes a position detecting circuit including a position detecting sensor which, in operation, detects a position indicated by a position indicating portion of the position indicator (Fig. 9, paragraph 81-82, wherein the user interaction recognition module is interpreted as a position detecting circuit including a position detecting sensor), the position indicator includes a pressure detector which, in operation, detects a pressure applied to a position indicating portion of the position indicator, and the displacement quantity based on the movement of the position indicator is the pressure detected by the pressure detector (Fig. 9, paragraph 81-85, wherein user input data includes a user interaction recognition module that detects pressure and pressure amount, and wherein pressure is defined as a capacitance change which is interpreted as a displacement quantity).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 16, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Campbell teaches the color selecting apparatus according to claim 13, wherein: the movement of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator is an intersecting direction rectilinear motion operation of the position indicator in the direction intersecting the direction of the rectilinear motion operation of the position indicator (Fig. 4, paragraph 62-66, wherein a UI preview element is interpreted as a position indicator, and moving the UI preview element within a 2D coordinate system linearly along a first and second axis suggests moving a position indicator in a rectilinear motion operation, and in a direction intersecting the rectilinear motion operation), and the displacement position based on the movement of the position indicator is a position on a straight line in the intersecting direction rectilinear motion operation of the position indicator (Fig. 5, paragraph 67-68, wherein detecting the pressure of an input is interpreted as detecting the displacement quantity based on movement of the position indicator, and pressure being a third axis to a two-dimensional coordinate system suggests it is in a direction intersecting the direction of a rectilinear motion operation performed on the other axes).
The motivation to combine would be the same as that set forth for claim 1.
Regarding claim 19, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Warashina teaches the color selecting apparatus according to claim 13, wherein: in the information processing device, the rectilinear motion operation of the position indicator is a rectilinear motion operation in a circular plane including a circumference formed by the circular motion operation of the position indicator (Fig. 5, paragraph 17-18, 21-22, wherein color is determined by a user input, and changing saturation increasing on a line extending from the center of a color wheel is interpreted as representing a rectilinear motion operation, and the color wheel representing a two-dimensional color space suggests the rectilinear motion is in a direction intersecting the circumference of a circular plane), and the hue, the saturation, and the lightness are selected by successive operations of the position indicator (paragraph 21-22, wherein setting a reference color based on user inputted hue, saturation, and lightness of the desired color is interpreted as selecting a color based on hue, saturation, and lightness selected according to various operations of the position indicator).
Warashina does not teach selecting the lightness according to a movement of the position indicator in a direction orthogonal to the circular plane.
Campbell teaches selecting the lightness according to a movement of the position indicator in a direction orthogonal to the circular plane (Fig. 5, paragraph 67-68, wherein the darkness of the color depending on the amount of pressure inputted from a user is interpreted as selecting the lightness according to a movement of the position indicator, and where pressure being on a third axis extended from a 2D coordinate system that detects gesture inputs suggests it is orthogonal to the 2D coordinate system, which includes circular planes).
The motivation to combine would be the same as that set forth in claim 1.
6. Claims 7, 9-11, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Warashina in view of Campbell as applied to claims 2, 6, 8, 13 above, and further in view of Roper (US 20190369755 A1), hereinafter Roper.
Regarding claim 7, Warashina in view of Campbell disclose the method of claim 6. Additionally, Roper teaches the color selecting method according to claim 6, wherein: the information processing device includes a position detecting circuit including a position detecting sensor (Fig. 4, paragraph 173-174, 184, position module containing position detecting sensors) which, in operation, detects a position indicated by the position indicating portion of the position indicator, the circular motion operation of the position indicator is detected from a detection output of the position indicated by the position indicating portion of the position indicator by the position detecting circuit, the rectilinear motion operation of the position indicator is detected from the detection output of the position indicated by the position indicated portion of the position indicator by the position detecting circuit (Fig. 4, paragraph 173-174, 184, wherein the position module detecting position information about a stylus through sensors includes detecting gestures, positional state, and attitude of the stylus, which is interpreted as including detecting circular motion and rectilinear motion operations), and the displacement quantity or the displacement position is detected by detecting a pressure applied to the position indicating portion of the position indicator (Fig. 4, paragraph 173-174, 184, wherein the position module detecting position information about a stylus through sensors includes force and pressure sensors, which are interpreted as detecting a displacement quantity).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Warashina in view of Campbell to include the teachings of Roper for this method of color selecting. Warashina discusses a method of selecting a color based on its hue, saturation, and lightness properties on a color wheel, for the purposes of extracting elements of that color from a given image. Campbell discusses a method of previewing and changing color properties of an art tool in a user interface, where a user can perform gestures to modify color properties more intuitively. Meanwhile, Roper discloses a way to interact with an electronic device through a stylus as an input device, for the purposes of more effectively and intuitively interacting with a user interface. Roper already discusses using a stylus for the purposes of image editing, and aspects such as selecting properties of colors and editing the color and appearance of images using the stylus. All three references discuss user inputs for color selection, for the purposes of editing images. Because of this, it would be obvious to combine the three references together.
Regarding claim 9, Warashina in view of Campbell disclose the method of claim 8. Additionally, Roper teaches the color selecting method according to claim 8, wherein: the information processing device includes a position detecting circuit including a position detecting sensor which, in operation, detects a position indicated by the position indicating portion of the position indicator, the circular motion operation of the position indicator is detected from a detection output of the indicated position by the position detecting circuit (Fig. 4, paragraph 173-174, 184, wherein the position module detecting positional information about a stylus through sensors is interpreted as a position detecting circuit for a position indicator, and includes detecting gestures, positional state, and attitude of the stylus, which is interpreted as including detecting circular motion operations), and an angular position of the position indicating portion of the position indicator on the circumference is detected from the detection output of the indicated position by the position detecting circuit (Fig. 5A, paragraph 191-192, wherein detecting the stylus orientation along a rotation angle is interpreted as an angular position on a detected circumference), the rectilinear motion operation of the position indicator is detected from the detection output of the indicated position by the position detecting circuit, and a position of the position indicating portion of the position indicator on the straight line is detected from the detection output of the indicated position by the position detecting circuit (Fig. 4, paragraph 173-174, 184, wherein the position module detecting positional information about a stylus through sensors including detecting gestures, positional state, and attitude of the stylus, is interpreted as including detecting rectilinear motion operations and positions on a straight line), and the displacement quantity or the displacement position is detected by detecting a pressure applied to the position indicating portion of the position indicator (Fig. 4, paragraph 173-174, 184, wherein the position module detecting position information about a stylus through sensors includes force and pressure sensors, which are interpreted as detecting a displacement quantity).
The motivation to combine would be the same as that set forth for claim 7.
Regarding claim 10, Warashina in view of Campbell discloses the method of claim 2. Additionally, Roper teaches the color selecting method according to claim 2, wherein: the position indicator includes a motion sensor, and transmits a sensor output of the motion sensor to the information processing device (Fig. 4, paragraph 184, wherein the position module detecting positional information including accelerometers, gyroscopes, and/or magnetometers are interpreted as including motion sensors), and, according to the sensor output from the motion sensor, the circular motion operation of the position indicator and the angular position on the circumference are detected (Fig. 5A, paragraph 191-192, wherein detecting the stylus orientation along a rotation angle is interpreted as an angular position on a detected circumference), the rectilinear motion operation of the position indicator and the position on the straight line are detected (Fig. 4, paragraph 173-174, 184, wherein the position module detecting positional information about a stylus through sensors including detecting gestures, positional state, and attitude of the stylus, is interpreted as including detecting rectilinear motion operations and positions on a straight line), and the displacement quantity or the displacement position of the position indicator is detected (Fig. 4, paragraph 173-174, 184, wherein the position module detecting position information about a stylus through sensors includes force and pressure sensors, which are interpreted as detecting a displacement quantity).
The motivation to combine would be the same as that set forth for claim 7.
Regarding claim 11, Warashina in view of Campbell and Roper disclose the method of claim 10. Additionally, Roper teaches the color selecting method according to claim 10, wherein: the motion sensor includes an acceleration sensor or a gyro sensor (Fig. 4, paragraph 184, position module includes an accelerometer and/or gyroscope).
The motivation to combine would be the same as that set forth for claim 7.
Regarding claim 17, Warashina in view of Campbell disclose the apparatus of claim 13. Additionally, Roper teaches the color selecting apparatus according to claim 13, wherein: the position indicator includes a motion sensor and a transmitting circuit which, in operation, transmits a detection output of the motion sensor to the information processing device (Fig. 4, paragraph 171-174, 184, wherein the position module detecting position information through sensors and transmits information in a I/O subsystem is interpreted as a motion sensor and a transmitting circuit transmitting a detection output), and the instructions, when executed the processor, cause the information processing device to receive the detection output of the motion sensor from the transmitting circuit of the position indicator (Fig. 3, paragraph 162, wherein I/O subsystem transmits detection output to an information processing electronic device), and detect each of the circular motion operation of the position indicator, the rectilinear motion operation of the position indicator, and the movement of the position indicator (Fig. 4, paragraph 173-174, 184, wherein the position module detecting positional information about a stylus through sensors including detecting gestures, positional state, and attitude of the stylus, is interpreted as including detecting rectilinear motion and circular motion operations, and movement of the position indicator) and the displacement quantity based on the movement of the position indicator (Fig. 4, paragraph 173-174, 184, wherein the position module detecting position information about a stylus through sensors includes force and pressure sensors, which are interpreted as detecting a displacement quantity), according to the detection output of the motion sensor.
The motivation to combine would be the same as that set forth for claim 7.
Regarding claim 18, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Roper teaches the color selecting apparatus according to claim 13, wherein: the position indicator includes a first wireless communication circuit which, in operation, transmits a detection output of a motion sensor to the information processing device (Fig. 4, paragraph 171, wherein the stylus can receive/send data from an input controller which includes an infrared port, which is interpreted as a wireless communication circuit), and the information processing device includes a second wireless communication circuit which, in operation, receives the detection output of the motion sensor, the detection output being transmitted through the first wireless communication circuit of the position indicator (Fig. 15A, paragraph 379, wherein the electronic device has a communication interface to communicate with a stylus through Bluetooth, which is interpreted as a second wireless communication circuit to receive detection output).
The motivation to combine would be the same as that set forth for claim 7.
7. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Warashina in view of Campbell as applied to claim 1 above, and further in view of Chen (US 20180122103 A1), hereinafter Chen.
Regarding claim 12, Warashina in view of Campbell discloses the method of claim 1. Additionally, Chen teaches the color selecting method according to claim 1, further comprising: after receiving a selection of a plurality of colors different from each other, receiving a selection of a mode of mixing the plurality of colors (paragraph 80-81, wherein the color mixing system to mix two input colors can be implemented as a module of another application, which suggests the color mixing method can be a selectable mode of an application); and generating a color obtained by mixing the plurality of colors by a mixing method corresponding to the movement of the position indicator in the mode of mixing the colors selected (Fig. 3, paragraph 43-46, wherein generating a mixing table of two input colors that can be modified based on user input is interpreted as generating a mixing method corresponding to the movement of the position indicator; paragraph 114, wherein a user input can come from any input device such as a mouse, touchpad or stylus, which is interpreted as a position indicator).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Warashina in view of Campbell to incorporate the teachings of Chen for this color selecting method. Warashina discusses a method of selecting a color based on its hue, saturation, and lightness properties on a color wheel, for the purposes of extracting elements of that color from a given image. Campbell discusses a method of previewing and changing color properties of an art tool in a user interface, where a user can perform gestures to modify color properties more intuitively. Additionally, Chen discusses a way to mix two reference colors through a user input to generate realistic, physical simulations of color mixing, in order to allow a user to more efficiently and more predictably select an ideal color. As all three references discuss ways to select a color based on user input, it would be obvious to combine these references together.
8. Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Warashina in view of Campbell as applied to claim 13 above, and further in view of Havilio (US 20140253468 A1), hereinafter Havilio.
Regarding claim 20, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Havilio teaches the color selecting apparatus according to claim 13, wherein: the position indicator includes a switch operable by a user (Fig. 1C, paragraph 19, wherein a stylus includes control features such as a switch), and the position indicator, in operation, transmits information regarding an operation of the switch to the information processing device, and the hue, the first one of the saturation or the lightness, and the second one of the saturation or the lightness are selected according to the information regarding the operation of the switch (paragraph 35-36, wherein control features such as a switch on the stylus can change the active color information, which is interpreted to include hue, saturation, and lightness of the color).
It would be obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Warashina in view of Campbell to include the teachings of Havilio for this apparatus for color selecting. Warashina discusses a method of selecting a color based on its hue, saturation, and lightness properties on a color wheel, for the purposes of extracting elements of that color from a given image. Campbell discusses a method of previewing and changing color properties of an art tool in a user interface, where a user can perform gestures to modify color properties more intuitively. Similarly, Havilio discusses a stylus to use with touch-sensitive input devices that can indicate and change what the current color is, for the purposes of drawing or editing images while improving a user’s input and input accuracy. Because all three references discuss selecting a color based on user inputs for the purposes of modifying images, it would be obvious to combine the three references.
Regarding claim 21, Warashina in view of Campbell discloses the apparatus of claim 13. Additionally, Havilio teaches the position indicator including an electronic pen of an electromagnetic induction system (Paragraph 43, wherein the stylus may be powered by coils which create a magnetic field, which is interpreted as an electronic pen of an electromagnetic induction system).
The motivation to combine would be the same as that set forth for claim 20.
Regarding claim 22, Warashina in view of Campbell discloses the apparatus of claim 12. Additionally, Havilio teaches the position indicator including an electronic pen of an active capacitive system (paragraph 19, 42, wherein the electronic stylus can be capacitive, and the user input detecting device can also be capacitive).
The motivation to combine would be the same as that set forth for claim 20.
Response to Arguments
Applicant's arguments filed October 14th, 2025 have been fully considered but they are not persuasive.
Applicant argues that Warashina (US 20210019920 A1), hereinafter Warashina, does not teach or suggest color selection based on physical motion of a position indicator within a displayed guide figure, and nor does any combination of Warashina with Campbell (US 20170199652 A1), hereinafter Campbell, overcome that deficiency.
Examiner respectfully disagrees. Examiner replies that, during patent examination, the pending claims must be given their broadest reasonable interpretation consistent with the specification. See MPEP § 2111. Also, it is improper to import claim limitations from the specification. See MPEP § 2111.01(II).
Examiner states that the input unit discussed in Warashina on paragraph [19] and displayed in Fig. 1, which includes input devices such as a mouse, keyboard, or touch panel, is interpreted, by the broadest reasonable interpretation a “position indicator”. Nowhere in the claim language does it state that the “position indicator” needs to be a physical object. Additionally, the specification of the application states, in paragraphs [237-238], that the position indicator is not limited to being a physical, electronic pen, and may have any shape as long as it performs the function of performing signal interaction with the position detecting sensor. Furthermore, Campbell discloses in paragraph [25] a touchscreen user interface that translates any sort of user input into an operation. It is known in the art that user input devices such as physical styluses can be used to interact with touchscreen interfaces. Therefore, even if the claim language specified directly that the “position indicator” was a physical object, the combination of Warashina with Campbell would overcome that deficiency.
In conclusion, the rejections set forth in the previous Office Action are shown to have been proper, and the claims are rejected above. To the extent that new citations and parenthetical remarks can be considered new grounds of rejection, such new grounds are necessitated by applicant’s amendments to the claim. Therefore, the present office action is made final.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN W YICK whose telephone number is (571)272-4063. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said Broome can be reached at (571) 272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/JORDAN WAN YICK/Examiner, Art Unit 2612
/Said Broome/Supervisory Patent Examiner, Art Unit 2612
Prosecution Insights