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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/12/2025 has been entered.
Response to Arguments
Claim 16 has been cancelled rendering the 112b rejection moot. The rejection has been withdrawn.
Applicant’s arguments (see remarks filed 11/12/2025 page 2) with respect to the 103 rejections of claim(s) 1-7, 9-15, and 17-20 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 argues (see remarks page 2) that the prior art fails to teach or suggest wherein the first light source device is further configured to be movable in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the first test light increases as the first light source device moves closer to the chart changer. Specifically, the Applicant argues that Kang merely discloses rotating the light source device which does not correspond to controlling the illuminance by moving the light source device toward the chart changer.
The examiner agrees that Kang does not explicitly teach moving the light source device as claimed in the newly amended limitations because Kang rotates instead of moving in a first and second direction. However, the fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) See MPEP 2144.04 VI C. Kang teaches that the rotary column is rotated at an angle, which does change the distance of an individual light element relative to the chart changer ([0054-[0055]). This rotation is done in order to make the illumination uniform, thus Kang does teach that distance does adjust illumination. The relationship between distance and illuminance is a simple law of physics and is not new or unexpected. Further, KR 102097647 B1 by Posan Industry Co. (cited in IDS; hereinafter "Posan"; translation provided) is provided to address this limitation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 18, the claim recites the limitation "the illuminance" in line 16. There is insufficient antecedent basis for this limitation in the claim. The claim also recites “target illuminance” in lines 6, 9, and 10. Is the illuminance the same as the target illuminance? It appears the illuminance is meant to refer to the current illuminance of the test light while the target illuminance is meant to refer to a predetermined target value. For the purpose of examination, "the illuminance" is interpreted as “an illuminance”. The examiner notes that this interpretation is not a suggestion of how to rewrite the claim, and the applicant should take further consideration when amending the claim.
Claims 19 and 20 are rejected based on their dependencies.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US20080137945A1 by Kang et al. (hereinafter “Kang”; cited in the IDS as US7522280B2; previously cited) in view of US20180052382A1 by Themelis (previously cited) and KR 102097647 B1 by Posan Industry Co. (cited in IDS; hereinafter "Posan"; translation provided).
Regarding claim 1, Kang teaches a test system for an image sensor (at least Fig. 2; [0047]), comprising:
a first light source device ([0047]-[0048] “device for equalizing illumination light for a digital image test member”; rotary column 200, light sources 210, ND filters 250, 240, diffusion filter 230) configured to radiate a first test light (illumination light) based on a first control signal ([0054] rotary column control unit 260 sends a control signal);
a chart changer ([0050] image test member 220);
an image sensor ([0046] CMOS image sensor) configured to obtain image information based on the first test light reflected by the chart changer ([0065] Fig. 4 shows image taken by CMOS image sensor of image test member 220; based on Fig.1 and 4, the CMOS image sensor is arranged across from the image test member);
a power provider configured to supply a power to the first light source device ([0052] “DC constant voltage circuit”’ [0062]); and
a control circuit configured to generate the first control signal ([0054] rotary column control unit 260),
wherein the first light source device includes:
a first light source configured to radiate the first test light ([0050] one pair of light sources 210);
a plurality of neutral-density (ND) filters ([048] ND filters 250, 240), including a first ND filter disposed to adjust an illuminance of the first test light ([0058] first ND filter 250 reduces the amount of light of the light sources 210 to a low illumination while maintaining variation in the color temperature);
wherein, the illuminance of the first test light is adjusted independent of the power supplied to the first light source device by the power provider ([0058] ND filters are used to adjust the illumination; [0047] “plurality of reflectors 212 and a plurality of diffusion filters 230” are also used for equalizing illumination), and
wherein, while the first light having the first color temperature is adjusted, a magnitude of the power supplied to the light source device is uniformly maintained ([0052]; [0059]; [0062]; further, the manner of operating the device does not differentiate the device from the prior art, see MPEP 2114 Sec. II “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990”)).
Kang is silent as to wherein the first light source includes an aperture unit, including a plurality of apertures, configured to adjust the illuminance of the first test light received from the first ND filter based on an aperture ratio of each of the plurality of apertures.
However, Themelis does address this limitation. Kang and Themelis are considered to be analogous to the present invention as they are in the same field of digital color imaging.
Themelis teaches an aperture unit (Fig. 6; [0157]; inventive iris device 1), including a plurality of apertures ([00157] four aperture arrangements 5), configured to adjust the illuminance of the first test light based on an aperture ratio of each of the plurality of apertures (Fig. 6 shows four apertures arrangements with different sizes; [0083] apertures of different size, largest aperture for transmitting as much light as possible, medium aperture for medium intensity, small aperture for small intensity; [0080] illumination intensity; since the three apertures have different sizes, the illuminance is adjusted based on the ratio of the sizes).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use an aperture unit with a plurality of adjustable apertures in order to provide multiple settings. Therefore, it would have been obvious to modify Kang to incorporate an aperture unit, including a plurality of apertures, configured to adjust the illuminance of the first test light received from the first ND filter based on an aperture ratio of each of the plurality of apertures as suggested by Themelis in order to provide simultaneous optimal iris settings for multiple imaging modes, thus providing a more robust measurement to balance color distribution (Themelis [0016]; [0080]).
Further, although Kang does not explicitly teach wherein the first light source device is further configured to be movable in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the first test light increases as the first light source device moves closer to the chart changer, the fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) See MPEP 2144.04 VI C. Kang teaches that the rotary column is rotated at an angle, which does change the distance of an individual light element relative to the chart changer ([0054-[0055]). This rotation is done in order to make the illumination uniform, thus Kang does teach that distance does adjust illumination. The relationship between distance and illuminance is a simple law of physics and is not new or unexpected.
Additionally, Posan does address this limitation. Posan and Kang are considered to be analogous to the present invention as they are in the same field of light sources for image testing.
Posan teaches wherein the first light source device is further configured to be movable in a first direction toward the subject or in a second direction opposite to the first direction ([0023]; [0031] light source driving unit 35 functions to move the straight tube halogen lamp forward or backward from the subject), and wherein the illuminance of the first test light increases as the first light source device moves closer to the subject ([0038] the illuminance of the subject can be reduced while maintaining the light intensity of the light source as it is by expanding the distance between the straight halogen lamp and the socket type halogen lamp and the subject). Further, Posan teaches that the device relates to a composite light source device for testing an image sensor of a camera module ([0001]) and includes a camera module embedded in a portable electronic device such as a smart phone must pass an evaluation process of taking a test chart while various light sources including natural light are irradiated. At this time, in order to obtain accurate test results, the illuminance and color temperature of the light source must be kept constant ([0003]). Further, Posan teaches that the light source device rotates inside a box similar to Kang ([0007]; [0009]).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to make the light source device move toward the chart in order to increase the illuminance. Therefore, it would have been obvious to modify Kang to include wherein the first light source device is further configured to be movable in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the first test light increases as the first light source device moves closer to the chart changer as suggested by Posan in order to change the illuminance while maintaining the light intensity of the light source ([0038]), thus increasing measurement accuracy.
Regarding claim 2, Kang modified by Themelis and Posan teach the test system of claim 1, and Kang further teaches wherein each of the plurality of ND filters have a different transmittance ([0058] the transmittance of the second ND filter is high since it adjust the illumination to a higher value than the first ND filter).
Regarding claim 3, Kang modified by Themelis and Posan teach the test system of claim 1, and Kang further teaches wherein the first light source device includes a plurality of light sources (light sources 210), including the first light source (one pair of light sources 210),
wherein the first light source is activated based on the first control signal ([0054] rotary column control unit 260; the light sources are activated when they are rotated to a toward the image test member), and
wherein a first color temperature of the first test light is determined based on a characteristic of the first light source ([0050] light sources each have different color temperatures based on the fluorescence which is a characteristic of the light source).
Regarding claim 4, Kang modified by Themelis and Posan teach the test system of claim 1, and Kang further teaches wherein the first ND filter is disposed at a first position where the first test light is radiated to an outside ([0058] ND filter disposed between one of the polygonal rotary columns 200 and the image test member 220).
Regarding claim 5, Kang modified by Themelis and Posan teach the test system of claim 1, and Kang further teaches wherein the first light source comprises a plurality of portions and is rotatable around a first axis ([0050] light sources 210 are mounted on the side surfaces of the polygonal rotary column 200, that is, the hexagonal rotary column), and
wherein the test system rotates the first light source based on the first control signal to dispose the first ND filter to adjust the illuminance of the first test light ([0054] rotary column control unit 260; illumination is made uniform by rotating the polygonal rotary columns 200 at predetermined angular intervals).
Kang is silent as to wherein each of the plurality of ND filters is attached to a corresponding one of the portions of the plurality of portions.
However, Themelis does address this limitation.
Themelis teaches an aperture arrangement which comprises an integrated filter system ([0017]; [0129] filter system 26). Further, it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) See MPEP 2144.04 V.
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach or integrate a filter into another element. Therefore, it would have been obvious to modify Kang to incorporate wherein each of the plurality of ND filters is attached to a corresponding one of the portions of the plurality of portions as suggested by Themelis in order to make a more compact device with increased efficiency.
Regarding claim 6, Kang modified by Themelis and Posan teach the test system of claim 1, but Kang is silent as to wherein each of the plurality of apertures is an iris aperture.
However, Themelis does address this limitation.
Themelis teaches wherein each of the plurality of apertures is an iris aperture ([0157]; inventive iris device 1; moveable iris receptacles 68).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use iris apertures for their versatility. Therefore, it would have been obvious to modify Kang to incorporate wherein each of the plurality of apertures is an iris aperture as suggested by Themelis in order to provide simultaneous optimal iris settings for multiple imaging modes, thus providing a more robust measurement to balance color distribution (Themelis [0016]; [0080]).
Regarding claim 7, Kang modified by Themelis and Posan teach the test system of claim 1, and Kang further teaches wherein the first light source device further comprises a diffuser ([0047] diffusion filter 230) configured to diffuse the first test light ([0056] “diffuse the condensed light toward the image test member 220”).
Although Kang does not teach that the diffuser receives light from the aperture unit, Kang modified by Themelis teach the test system of claim 1 which includes an aperture unit which receives light from the ND filter. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04 Sec. V. C.. Therefore, it would have been obvious that the diffuser receives light from the aperture unit instead of the ND filter since the light must pass through the aperture unit first and the diffuser will perform the same function regardless.
Regarding claim 9, Kang teaches a light source device comprising (at least Fig. 2):
a first light source configured to radiate a first light towards a chart changer ([0050] one pair of light sources 210; [0065] Fig. 4 shows image taken by CMOS image sensor of image test member 220; based on Fig.1 and 4, the CMOS image sensor is arranged across from the image test member);
a plurality of neutral-density (ND) filters ([048] ND filters 250, 240) including a first ND filter and configured to adjust the first light ([0058] first ND filter 250 reduces the amount of light of the light sources 210 to a low illumination while maintaining variation in the color temperature); and
a diffuser ([0047] diffusion filter 230) configured to diffuse the first light received from the aperture unit and to radiate the first light for testing an image sensor ([0056] “diffuse the condensed light toward the image test member 220”),
wherein an illuminance of the first light is adjusted based on a transmittance of the first ND filter ([0058] first ND filter has a different transmittance than the second ND filter and is used to adjust to a low illumination [0060]); and
wherein, while the first light having the first color temperature is adjusted, a magnitude of the power supplied to the light source device is uniformly maintained ([0052]; [0059]; [0062] the manner of operating the device does not differentiate the device from the prior art, see MPEP 2114 Sec. II “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990”)).
Kang is silent as to a first ND filter attached to the first light source.
However, Themelis does address this limitation. Kang and Themelis are considered to be analogous to the present invention as they are in the same field of digital color imaging.
Themelis teaches an aperture arrangement which comprises an integrated filter system ([0017]; [0129] filter system 26). Further, it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) See MPEP 2144.04 V.
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach or integrate a filter into another element. Therefore, it would have been obvious to modify Kang to incorporate wherein a first ND filter attached to the first light source as suggested by Themelis in order to make a more compact device with increased efficiency.
Kang is further silent as to an aperture unit including a plurality of apertures configured to adjust the first light received from the first ND filter; a diffuser configured to diffuse the first light received from the aperture unit, and illuminance of the first light is adjusted based on an aperture ratio of each aperture of the plurality of apertures.
However, Themelis does address this limitation.
Themelis teaches an aperture unit (Fig. 6; [0157]; inventive iris device 1), including a plurality of apertures ([00157] four aperture arrangements 5), configured to adjust the illuminance of the first test light based on an aperture ratio of each of the plurality of apertures (Fig. 6 shows four apertures arrangements with different sizes; [0083] apertures of different size, largest aperture for transmitting as much light as possible, medium aperture for medium intensity, small aperture for small intensity; [0080] illumination intensity; since the three apertures have different sizes, the illuminance is adjusted based on the ratio of the sizes).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use an aperture unit with a plurality of adjustable apertures in order to provide multiple settings. Therefore, it would have been obvious to modify Kang to incorporate an aperture unit between the plurality of ND filters and diffuser, wherein the aperture unit includes a plurality of apertures configured to adjust the first light received from the first ND filter; wherein the diffuser configured to diffuse the first light received from the aperture unit, and illuminance of the first light is adjusted based on an aperture ratio of each aperture of the plurality of apertures as suggested by Themelis in order to provide simultaneous optimal iris settings for multiple imaging modes, thus providing a more robust measurement to balance color distribution (Themelis [0016]; [0080]).
Further, although Kang does not explicitly teach wherein the first light source device is further configured to be movable in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the first test light increases as the first light source device moves closer to the chart changer, the fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) See MPEP 2144.04 VI C. Kang teaches that the rotary column is rotated at an angle, which does change the distance of an individual light element relative to the chart changer ([0054-[0055]). This rotation is done in order to make the illumination uniform, thus Kang does teach that distance does adjust illumination. The relationship between distance and illuminance is a simple law of physics and is not new or unexpected.
Additionally, Posan does address this limitation. Posan and Kang are considered to be analogous to the present invention as they are in the same field of light sources for image testing.
Posan teaches wherein the first light source device is further configured to be movable in a first direction toward the subject or in a second direction opposite to the first direction ([0023]; [0031] light source driving unit 35 functions to move the straight tube halogen lamp forward or backward from the subject), and wherein the illuminance of the first test light increases as the first light source device moves closer to the subject ([0038] the illuminance of the subject can be reduced while maintaining the light intensity of the light source as it is by expanding the distance between the straight halogen lamp and the socket type halogen lamp and the subject). Further, Posan teaches that the device relates to a composite light source device for testing an image sensor of a camera module ([0001]) and includes a camera module embedded in a portable electronic device such as a smart phone must pass an evaluation process of taking a test chart while various light sources including natural light are irradiated. At this time, in order to obtain accurate test results, the illuminance and color temperature of the light source must be kept constant ([0003]). Further, Posan teaches that the light source device rotates inside a box similar to Kang ([0007]; [0009]).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to make the light source device move toward the chart in order to increase the illuminance. Therefore, it would have been obvious to modify Kang to include wherein the first light source device is further configured to be movable in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the first test light increases as the first light source device moves closer to the chart changer as suggested by Posan in order to change the illuminance while maintaining the light intensity of the light source ([0038]), thus increasing measurement accuracy.
Regarding claim 10, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches comprising a second light source configured to radiate a second light ([0050] plurality of light sources 210 contains 6 pairs of lamps; the second light source would be second pair of lamps), wherein a color temperature of the first light radiated by the first light source, when activated, is different than a color temperature of the second light radiated by the second light source, when activated ([0050] each pair of fluorescent lamps has a different color temperature).
Regarding claim 11, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches wherein each of the plurality of ND filters has a different transmittance ([0058] the transmittance of the second ND filter is high since it adjust the illumination to a higher value than the first ND filter).
Regarding claim 12, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches wherein the first ND filter is an ND filter disposed to face a direction where the first light is radiated ([0058] ND filter 250 disposed between one of the polygonal rotary columns 200 and the image test member 220).
Although Kang does not teach that first light is radiated to the aperture unit, Kang modified by Themelis teach the light source device of claim 9 which includes the aperture unit between the first ND filter and diffuser. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04 Sec. V. C.. Therefore, it would be obvious that the first ND filter is disposed to face a direction where the first light is radiated to the aperture unit in order to reach the diffuser and eventually the image test member.
Regarding claim 13, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches wherein the first light source comprises a plurality of portions and is rotatable around a first axis ([0050] light sources 210 are mounted on the side surfaces of the polygonal rotary column 200, that is, the hexagonal rotary column).
Kang is silent as to wherein each of the plurality of ND filters is attached to a corresponding one of the portions of the plurality of portions.
However, Themelis does address this limitation.
Themelis teaches an aperture arrangement which comprises an integrated filter system ([0017]; [0129] filter system 26). Further, it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) See MPEP 2144.04 V.
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach or integrate a filter into another element. Therefore, it would have been obvious to modify Kang to incorporate wherein each of the plurality of ND filters is attached to a corresponding one of the portions of the plurality of portions as suggested by Themelis in order to make a more compact device with increased efficiency.
Regarding claim 14, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches wherein the first ND filter is disposed to face a direction ([0058] ND filter 250 disposed between one of the polygonal rotary columns 200 and the image test member 220) where the first light based on a rotation angle of the first light source ([0054] rotary column control unit 260; the rotary column is rotated at an angle, thus moving the light sources; predetermined angular intervals).
Although Kang does not teach that first light is radiated to the aperture unit, Kang modified by Themelis teach the light source device of claim 9 which includes the aperture unit between the first ND filter and diffuser. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04 Sec. V. C.. Therefore, it would be obvious that the first ND filter is disposed to face a direction where the first light is radiated to the aperture unit in order to reach the diffuser and eventually the image test member.
Regarding claim 15, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang is silent as to wherein each aperture of the plurality of apertures is an iris aperture, and wherein each of the plurality of apertures has a different aperture ratio.
However, Themelis does address this limitation.
Themelis teaches wherein each aperture of the plurality of apertures is an iris aperture (Fig. 6; [0157]; inventive iris device 1; moveable iris receptacles 68), and wherein each of the plurality of apertures has a different aperture ratio (Fig. 6 shows four apertures arrangements with different sizes; [0083] apertures of different size).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use iris apertures for their versatility. Therefore, it would have been obvious to modify Kang to wherein each aperture of the plurality of apertures is an iris aperture, and wherein each of the plurality of apertures has a different aperture ratio as suggested by Themelis in order to provide simultaneous optimal iris settings for multiple imaging modes, thus providing a more robust measurement to balance color distribution (Themelis [0016]; [0080]).
Regarding claim 17, Kang modified by Themelis and Posan teach the light source device of claim 9, and Kang further teaches wherein the light source device is supplied with the power ([0052]; [0059]), wherein a color temperature of the first light radiated by the diffuser is a first color temperature ([0050] lists color temperatures of light sources; [0058]; [0056] first light from light sources 210 passes through ND filters then diffuser 230).
Regarding claim 18, Kang teaches a method of operating a test system, which includes a light source device radiating a test light towards a chart changer ([0047] “device for equalizing illumination light for a digital image test member”; at least Fig. 2; [0056] image test member 220), the method comprising:
activating a first light source to radiate first light among a plurality of light sources included in the light source device, based on a target color temperature ([0050] one of light sources 210, light sources having a color temperature different from those of the other light sources);
placing a first neutral-density (ND) filter among a plurality of ND filters ([048] ND filters 250, 240) where the test light is radiated, based on a target illuminance ([0058] first ND filter 250 reduces the amount of light of the light sources 210 to a low illumination while maintaining variation in the color temperature); and
adjusting a position of the light source device, based on the target illuminance ([0054] illumination is made uniform by rotating the polygonal rotary columns 200 at predetermined angular intervals),
wherein, while the light source radiates the test light of the target color temperature ([0050]; [0058]), a magnitude of a power supplied to the light source is uniformly maintained ([0052]; [0059]; [0062] see further explanation of citations in response to argument iii above).
Kang is silent as to ND filters attached to the first light source at a first position where the test light is radiated.
However, Themelis does address this limitation. Kang and Themelis are considered to be analogous to the present invention as they are in the same field of digital color imaging.
Themelis teaches an aperture arrangement which comprises an integrated filter system ([0017]; [0129] filter system 26). Further, it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) See MPEP 2144.04 V.
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach or integrate a filter into another element. Therefore, it would have been obvious to modify Kang to incorporate wherein ND filters attached to the first light source at a first position where the test light is radiated in order to make a more compact device with increased efficiency.
Kang is further silent as to adjusting an aperture ratio of each of a plurality of apertures included in the light source device, based on the target illuminance.
However, Themelis does address this limitation.
Themelis teaches (Fig. 6; [0157]; inventive iris device 1) adjusting an aperture ratio of each of a plurality of apertures ([00157] four aperture arrangements 5; moveable iris receptacles 68) based on the target illuminance (Fig. 6 shows four apertures arrangements with different sizes; [0083] apertures of different size, largest aperture for transmitting as much light as possible, medium aperture for medium intensity, small aperture for small intensity; [0080] illumination intensity; since the three apertures have different sizes, the illuminance is adjusted based on the ratio of the sizes)
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use an aperture unit with a plurality of adjustable apertures in order to provide multiple settings. Therefore, it would have been obvious to modify Kang to incorporate a plurality of apertures included in the light source device and adjusting an aperture ratio of each of a plurality of apertures based on the target illuminance as suggested by Themelis in order to provide simultaneous optimal iris settings for multiple imaging modes, thus providing a more robust measurement to balance color distribution (Themelis [0016]; [0080]).
Further, although Kang does not explicitly teach wherein the adjusting the position of the light source device comprises moving the light source device in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the test light increases as the light source device moves closer to the chart changer, the fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) See MPEP 2144.04 VI C. Kang teaches that the rotary column is rotated at an angle, which does change the distance of an individual light element relative to the chart changer ([0054-[0055]). This rotation is done in order to make the illumination uniform, thus Kang does teach that distance does adjust illumination. The relationship between distance and illuminance is a simple law of physics and is not new or unexpected.
Additionally, Posan does address this limitation. Posan and Kang are considered to be analogous to the present invention as they are in the same field of light sources for image testing.
Posan teaches wherein the adjusting the position of the light source device comprises moving the light source device in a first direction toward the subject or in a second direction opposite to the first direction ([0023]; [0031] light source driving unit 35 functions to move the straight tube halogen lamp forward or backward from the subject), and wherein the illuminance of the test light increases as the light source device moves closer to the subject ([0038] the illuminance of the subject can be reduced while maintaining the light intensity of the light source as it is by expanding the distance between the straight halogen lamp and the socket type halogen lamp and the subject). Further, Posan teaches that the device relates to a composite light source device for testing an image sensor of a camera module ([0001]) and includes a camera module embedded in a portable electronic device such as a smart phone must pass an evaluation process of taking a test chart while various light sources including natural light are irradiated. At this time, in order to obtain accurate test results, the illuminance and color temperature of the light source must be kept constant ([0003]). Further, Posan teaches that the light source device rotates inside a box similar to Kang ([0007]; [0009]).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to make the light source device move toward the chart in order to increase the illuminance. Therefore, it would have been obvious to modify Kang to include wherein the adjusting the position of the light source device comprises moving the light source device in a first direction toward the chart changer or in a second direction opposite to the first direction, and wherein the illuminance of the test light increases as the light source device moves closer to the chart changer as suggested by Posan in order to change the illuminance while maintaining the light intensity of the light source ([0038]), thus increasing measurement accuracy.
Regarding claim 19, Kang modified by Themelis and Posan teach the method of claim 18, and Kang further teaches wherein the first light source comprises a plurality of portions,
wherein each ND filter of the plurality of ND filters has a different transmittance ([0058] the transmittance of the second ND filter is high since it adjust the illumination to a higher value than the first ND filter), and
wherein the placing of the first ND filter at the first position where the test light is radiated ([0058] ND filter disposed between one of the polygonal rotary columns 200 and the image test member 220) includes:
rotating the first light source to align a portion of the first light movable ([0054] rotary column control unit 260; the rotary column is rotated at an angle, thus moving the light sources).
Kang is silent as to wherein each ND filter is respectively attached to one of the portions of the plurality of portions and the first light source to which the first ND filter is attached with the first position.
However, Themelis does address this limitation.
Themelis teaches an aperture arrangement which comprises an integrated filter system ([0017]; [0129] filter system 26). Further, it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) See MPEP 2144.04 V.
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach or integrate a filter into another element. Therefore, it would have been obvious to modify Kang to incorporate wherein each ND filter is respectively attached to one of the portions of the plurality of portions and the first light source to which the first ND filter is attached with the first position as suggested by Themelis in order to make a more compact device with increased efficiency.
Regarding claim 20, Kang modified by Themelis and Posan teach the method of claim 18, and Kang further teaches after the test light is radiated by the first ND filter to the plurality of apertures,
diffusing, at a diffuser ([0047] diffusion filter 230) included in the light source device, the test light received from the plurality of apertures such that uniformity of the test light increases light ([0056] “diffuse the condensed light toward the image test member 220”).
Although Kang is silent as to test light is radiated by the first ND filter to the plurality of apertures and the diffusing test light received from the plurality of apertures, , Kang modified by Themelis teach the method of claim 18 which includes a plurality of apertures. It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a plurality of apertures to transmit light. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04 Sec. V. C.. Therefore, it would have been obvious to modify Kang to configure the plurality of apertures between the ND filter and diffuser such that test light is radiated by the first ND filter to the plurality of apertures and the diffusing test light received from the plurality of apertures as all the elements would perform the same function of adjusting illuminance of the light directed toward the image test member.
Conclusion
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/KAITLYN E KIDWELL/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877