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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 27th 2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on March 12, 2024 and July 13th 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Arguments
This is in response to applicant’s amendment/response filed on March 27th 2026 which have been entered and made of record.
Applicant’s arguments regarding claim interpretation under 35 U.S.C. 112(f) regarding claim 10. Applicant acknowledges the interpretation under 35 U.S.C. 112(f).
Applicant’s arguments with respect to claim rejections under 35 U.S.C. 103 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.
Claim Interpretation
The specification contains a list of defined definitions by applicant, the definitions have been restated below to make clear on the record the defined definitions.
First Color Display Standard - defined as a color display standard with which a foreground image complies. The following description is made by taking for example that the first color display standard is a standard dynamic range (SDR) color display standard.
First Color Space - defined as a color space of the first color display standard. When the first color display standard is the SDR color display standard, the first color space is bt.709.
Second Color Display Standard - defined as a color display standard with which a background image complies. The following description is made by taking for example that the second color display standard is a high dynamic range (HDR) color display standard.
Second Color Space - defined as a color space of the second color display standard. When the second color display standard is a hybrid log gamma (HLG) color display standard, the second color space is bt.2020.
First Optical Signal Set - it is an optical signal set obtained by converting colors of pixels of a foreground image into optical signals in the second color space.
Second Optical Signal Set - it is an optical signal set obtained by converting colors of pixels of a background image into optical signals in the second color space.
Third Optical Signal Set - it is an optical signal set obtained by fusing the optical signals in the first optical signal set and the second optical signal set based on a light transmittance of the foreground image.
Fourth Optical Signal Set - it is an optical signal set obtained by converting colors of pixels of the foreground image into optical signals in the second color space.
First Color Set - it is a color set obtained by converting the optical signals in the third optical signal set into the colors in the second color space.
Second Color Set - it is a color set obtained by performing histogram equalization on colors in the first color set.
Third Color Set - it is a color set obtained by performing weighted mixing on the colors in the first color set and the colors in the second color set.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are: First Conversion Unit in claim 10. Being interpreted as a standard computer component that performs the image processing method, such as a processor, memory, storage medium, and etc.… (Para. 0156 and 0171)
Second Conversion Unit in claim 10. Being interpreted as a standard computer component that performs the image processing method, such as a processor, memory, storage medium, and etc.… (Para. 0156 and 0171)
Fusion Unit in claim 10. Being interpreted as a standard computer component that performs the image processing method, such as a processor, memory, storage medium, and etc.… (Para. 0156 and 0171)
Obtaining Unit in claim 10. Being interpreted as a standard computer component that performs the image processing method, such as a processor, memory, storage medium, and etc.… (Para. 0156 and 0171)
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6, 9-12, 14-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over NPL “Live HDR Workflow” by Alen Lustica (hereinafter Lustica) in view of Website Tutorial “Blending” by OpenGL (hereinafter OpenGL) and in further view of NPL “Panda3D Developer Blog” by rdb (hereinafter Panda3D) and NPL “Recommendation ITU-R BT.2087-0” by International Telecommunication Union (hereinafter ITU-R BT.2087).
Regarding claim 1, Lustica teaches an image processing method, comprising:
converting colors of pixels of a (Live Video Feed) from nonlinear color values in a first color space (bt.709) of a first color display standard (SDR) into first optical signals under a second color display standard (HDR) to obtain a first optical signal set (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4) Converting an image from the color space bt.709 in SDR to optical signals for bt.2020 in HDR and vice versa is a known conversion. Optical signals are transmitted and encoded non-linearly (Section: III. Television Signal Chain) using electro-optic transfer functions.
converting colors of pixels of a (Live Video Feed) from nonlinear color values in a second color space (bt.2020) of the second color display standard (HDR) into second optical signals under the second color display standard (HDR) to obtain a second optical signal set (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4) ,
However, Lustica fails to teach:
a background image and a foreground Image;
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
fusing the first optical signals in the first optical signal set and the second optical signals in the second optical signal set in a linear space based on a light transmittance of the foreground image to obtain a third optical signal set;
and converting optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
Lustica and OpenGL are analogous to the claimed invention because both of them are in the same field of converting color pixels.
OpenGL teaches:
a background Image (Red Square Image) and a foreground Image; (Green Square Image, Section: Blending Page 6) OpenGL details how to blend a foreground and a background image together.
fusing the first optical signals in the first optical signal set and the second optical signals in the second optical signal set (Transparency/Alpha Value) of the foreground image (Green Square Image) to obtain a third optical signal set; (Section Blending, Pages 5-7) To fuse two images together in different color spaces and display standards. The images need to be converted to the same color space and display standard. Fusing image using the transparency/Alpha value and the RGB color values is a known standard. See Blending Equation Figure 2, Page 6 Below compared to Applicants Fusing Operation Para. 00109
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Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
However, Lustica and OpenGL fail to teach:
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
fusing optical signals in a linear space;
and converting optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
Lustica, Open GL, and Panda3D are analogous to the claimed invention because all of them are in the same field of converting/blending color pixels.
Panda3D teaches:
fusing optical signals in a linear space; (Page 1) Blending calculations are assumed to be performed in a linear space. Thus, while OpenGL fails to explicitly teach their blending of images is in a linear space. Panda3D teaches that blending in OpenGL is performed in a linear space.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images to incorporate Panda3D’s Blending in a Linear Space. Since doing so would provide the benefit of performing blending calculations in a linear space. Which ensures the colors of the blended images are correct, as blending colors not in linear space, causes incorrect calculations (Panda3D et al. Page 1).
However, Lustica, OpenGL, and Panda3D fail to teach:
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
and converting optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
Lustica, OpenGL, Panda3D, and ITU-R BT.2087 are analogous to the claimed invention because all of them are in the same field of converting colors/signal values.
ITU-R BT.2087 teaches:
converting nonlinear color values (bt.709) into first optical signals (bt.2020), wherein the first optical signals are linear color values; (Fig. 1, Pages 2-4) Pages 3 and 4 detail converting non-linear bt.709 color signals to linear bt.709 colors signals. Then converting linear bt.709 color signals to bt.2020.
converting nonlinear color values (bt.2020) into second optical signals (bt.2020), wherein the second optical signals are linear color values; (Pages 4 and 6) Pages 4 and 6 details converting linear bt.2020 color signals to non-linear bt.2020 by applying the inverse of the non-linear to linear conversion equation. Thus, ITU-R BT.2087 teaches converting linear bt.2020 to non-linear bt2020 and vice versa.
and converting optical signals in the third optical signal set into colors in the second color space (bt.2020) to obtain a fused image of the foreground image and the background image. (Page 4, M2 Step) The M2 Step describes converting linear bt.709 color to linear bt.2020 colors.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the created standard to convert color signals between bt.709 and bt.2020.
Regarding claim 2, Lustica teaches the image processing method according to claim 1, wherein the converting colors of pixels of a foreground image (Live Video Feed) from nonlinear color values in a first color space (bt.708) of a first color display standard (SDR) into first optical signals under a second color display standard (HDR) to obtain a first optical signal set comprises: (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4)
converting the colors of the pixels of the foreground image (Live Video Feed) into optical signals under the first color display standard (SDR) based on an electro-optical transfer function (EOTF) of the first color display standard (SDR) to obtain a fourth optical signal set; (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4) Converting images into optical signals using electro-optical transfer function is a known conversion.
and converting the optical signals in the fourth optical signal set into the first optical signals under the second color display standard (HDR) to obtain the first optical signal set. (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4)
However, Lustica, OpenGL, Panda3D, fails to explicitly teach:
converting the colors of the pixels of the foreground image into optical signals under the first color display standard based on an electro-optical transfer function of the first color display standard to obtain a fourth optical signal set;
ITU-R BT.2087 teaches:
converting the colors of the pixels of the foreground image (Image from Camera or Display) into optical signals under the first color display standard (SDR) based on an electro-optical transfer function (EOTF) of the first color display standard (SDR) to obtain a fourth optical signal set; (Page 3) Page 3 details utilizing the EOTF function to convert non-linear bt.709 color signals to linear bt.709 color signals. The display standard SDR typically uses bt.709 or sRGB.
and converting the optical signals in the fourth optical signal set into the first optical signals under the second color display standard (HDR) to obtain the first optical signal set. (Page 4, Step M2) Page 4 details converting bt.709 color signals into bt.2020 signals. The display standard HDR typically uses bt.2020 or DCI-P3.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the standard to convert color signals between bt.709 and bt.2020.
Regarding claim 3, Lustica teaches the image processing method according to claim 1, wherein the converting colors of pixels of a background image (Live Video Feed) from nonlinear color values in a second color space (bt.2020) of the second color display standard (HDR) into second optical signals under the second color display standard (HDR) comprises: (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4)
converting the colors of the pixels of the background image (Live Video Feed) into the second optical signals under the second color display standard (HDR) based on an electro-optical transfer function (EOTF) of the second color display standard (HDR). (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4) Converting optical signals using electro-optical transfer function is a known conversion.
However, Lustica, OpenGL, and Panda3D fail to explicitly teach:
converting the colors of the pixels of the background image into the second optical signals under the second color display standard based on an electro-optical transfer function of the second color display standard.
ITU-R BT.2087 teaches:
converting the colors of the pixels of the background image (Images from Camera or Display) into the second optical signals under the second color display standard (HDR) based on an electro-optical transfer function (EOTF) of the second color display standard (HDR). (Page 6) Page 6 details converting linear bt.2020 color signals to non-linear bt.2020 color signals based on either a EOTF or OETF.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the created standard to convert color signals between bt.709 and bt.2020.
Regarding claim 4, Lustica fails to teach the image processing method according to claim 1, wherein the first fusing the optical signals in the first optical signal set and the second optical signals in the second optical signal set in a linear space based on a light transmittance of the foreground image to obtain a third optical signal set comprises:
performing weighted fusion on optical signals having same pixel coordinates in the first optical signal set and the second optical signal set based on the light transmittance of the foreground image to obtain a fused optical signal set;
and generating the third optical signal set according to the fused optical signal set, optical signals having different pixel coordinates from any optical signal in the second optical signal set among the first optical signals in the first optical signal set, and optical signals having different pixel coordinates from any optical signal in the first optical signal set among the second optical signals in the second optical signal set.
However, OpenGL teaches the image processing method according to claim 1, wherein the first fusing the optical signals in the first optical signal set and the second optical signals in the second optical signal set (Transparency/Alpha Value) of the foreground image (Green Square Image) to obtain a third optical signal set comprises: (Section Blending, Pages 5-7)
performing weighted fusion (Blending Equation, Figure 2 Above) on optical signals having same pixel coordinates in the first optical signal set and the second optical signal set based on the light transmittance (Transparency/Alpha Value) of the foreground image (Green Square Image) to obtain a fused optical signal set; (Section Blending, Pages 5-7) The same pixel coordinate in the images to be fused are the pixels that overlap. Hence, a weighted fusion is required for these pixels to determine how much of each image will be showed when they are fused.
and generating the third optical signal set according to the fused optical signal set, optical signals having different pixel coordinates from any optical signal in the second optical signal set among the first optical signals in the first optical signal set, and optical signals having different pixel coordinates from any optical signal in the first optical signal set among the second optical signals in the second optical signal set. (Section Blending, Pages 5-7) The pixels that have different coordinates, are pixels that will not overlap, when the images are fused.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
However, OpenGL fails to explicitly teach:
fusing optical signals in a linear space;
Panda3D teaches:
fusing optical signals in a linear space; (Page 1) Blending calculations are assumed to be performed in a linear space. Thus, while OpenGL fails to explicitly teach their blending of images in a linear space. Panda3D teaches that one of ordinary skill in the art would know the blending in OpenGL is performed in a linear space.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images to incorporate Panda3D’s Blending in a Linear Space. Since doing so would provide the benefit of performing blending calculations in a linear space. Which ensures the colors of the blended images are correct, as blending colors not in linear space, causes incorrect calculations (Panda3D et al. Page 1).
Regarding claim 5, Lustica fails to teach the image processing method according to claim 4, wherein the performing weighted fusion on the optical signals having same pixel coordinates in the first optical signal set and the second optical signal set based on the light transmittance of the foreground image to obtain a fused optical signal set comprises:
obtaining a weight value of a first optical signal in the first optical signal set, wherein the weight value of the first optical signal is a product of the first optical signal and a shading rate of the foreground image, and the shading rate of the foreground image is a difference between 1 and the light transmittance of the foreground image;
obtaining a weight value of a second optical signal in the second optical signal set, wherein the first optical signal and the second optical signal have, and the weight value of the second optical signal is a product of the second optical signal and the light transmittance of the foreground image;
obtaining a sum of the weight value of the first optical signal and the weight value of the second optical signal as a fusion result of the first optical signal and the second optical signal;
and generating the fused optical signal set according to fusion results of the optical signals having the same pixel coordinates in the first optical signal set and the second optical signal set.
However, OpenGL teaches the image processing method according to claim 4, wherein the performing weighted fusion (Blending Equation, Figure 2 Above) on the optical signals having same pixel coordinates in the first optical signal set and the second optical signal set based on the light transmittance (Transparency/Alpha Value) of the foreground image (Green Square Image) to obtain a fused optical signal set comprises: (Section Blending, Pages 5-7)
obtaining a weight value of a first optical signal in the first optical signal set, wherein the weight value of the first optical signal is a product of the first optical signal and a shading rate of the foreground image (Green Square Image), and the shading rate of the foreground image is a difference between 1 and the light transmittance (Transparency/Alpha Value) of the foreground image (Green Square Image); (Section Blending, Pages 5-7)
obtaining a weight value of a second optical signal in the second optical signal set, wherein the first optical signal and the second optical signal have, and the weight value of the second optical signal is a product of the second optical signal and the light transmittance (Transparency/Alpha Value) of the foreground image (Green Square Image); (Section Blending, Pages 5-7)
obtaining a sum of the weight value of the first optical signal and the weight value of the second optical signal as a fusion result of the first optical signal and the second optical signal; (Section Blending, Pages 5-7)
and generating the fused optical signal set according to fusion results of the optical signals having the same pixel coordinates in the first optical signal set and the second optical signal set. (Section Blending, Pages 5-7)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards.
Regarding claim 6, Lustica fails to teach the image processing method according to claim 1, wherein the converting optical signals in the third optical signal set into the colors in the second color space to obtain a fused image of the foreground image and the background image comprises:
converting the optical signals in the third optical signal set into the colors in the second color space based on an opto-electrical transfer function of the second color display standard to obtain a first color set;
and obtaining the fused image of the foreground image and the background image according to the colors in the first color set and pixel coordinates of the colors in the first color set.
However, OpenGL teaches the image processing method according to claim 1, wherein the (Green Square Image) and the background image(Red Square Image) comprises:
and obtaining the fused image of the foreground image (Green Square Image) and the background image (Red Square Image) according to the colors in the first color set and pixel coordinates of the colors in the first color set. (Section: Section: Blending Page 5-7)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
OpenGL and Panda3D fail to teach:
converting the optical signals in the third optical signal set into the colors in the second color space based on an opto-electrical transfer function of the second color display standard to obtain a first color set;
ITU-R BT.2087 teaches:
converting the optical signals in the third optical signal set into the colors in the second color space (HDR) based on an opto-electrical transfer function (OETF) of the second color display standard (HDR) to obtain a first color set; (Page 4) Step M2 on page 4 details converting linear bt.709 color signals into linear bt.2020. Page 4 further details converting linear color signals of bt.2020 to non-linear bt.2020 based on either EOTF or OETF.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the created standard to convert color signals between bt.709 and bt.2020.
Regarding claim 9, Lustica teaches the image processing method according to claim 1, wherein the first color display standard is a standard dynamic range (SDR) color display standard; (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4)
and the second color display standard is a high dynamic range (HDR) color display standard. (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4)
Regarding claim 10, Lustica teaches an image processing apparatus, comprising:
a first conversion unit (Processor in Display Devices, Section: Abstract) configured to convert colors of pixels of a (Live Video Feed) from nonlinear color values in a first color space (bt.709) of a first color display standard (SDR) into first optical signals under a second color display standard (HDR) to obtain a first optical signal set (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4),
a second conversion unit (Processor in Display Devices, Section: Abstract) configured to convert colors of pixels of a (Live Video Feed) from nonlinear color values in a second color space (bt.2020) of the second color display standard (HDR) into second optical signals under the second color display standard (HDR) to obtain a second optical signal set (Section II. Wider Color Gamut and Section B. EOTF Para. 1 and 4),
However, Lustica fails to teach:
a background Image and a foreground Image;
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
a fusion unit to fuse the first optical signals in the first optical signal set and the second optical signals in the second optical signal set in a linear space based on a light transmittance of the foreground image to obtain a third optical signal set;
and an obtaining unit configured to convert optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
OpenGL teaches:
a background Image (Red Square Image) and a foreground Image; (Green Square Image, Section: Blending Page 6)
a fusion unit (Processor) to fuse the optical signals in the first optical signal set and the second optical signal set based on a light transmittance (Transparency/Alpha Value) of the foreground image (Green Square Image) to obtain a third optical signal set; (Section Blending, Pages 5-7)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
However, Lustica and OpenGL fail to teach:
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
fusing optical signals in a linear space;
and an obtaining unit configured to convert optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
Panda3D teaches:
fusing optical signals in a linear space; (Page 1) Blending calculations are assumed to be performed in a linear space. Thus, while OpenGL fails to explicitly teach their blending of images in a linear space. Panda3D teaches that one of ordinary skill in the art would know the blending in OpenGL is performed in a linear space.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images to incorporate Panda3D’s Blending in a Linear Space. Since doing so would provide the benefit of performing blending calculations in a linear space. Which ensures the colors of the blended images are correct, as blending colors not in linear space, causes incorrect calculations (Panda3D et al. Page 1).
However, Lustica, OpenGL, and Panda3D fail to teach:
converting nonlinear color values into first optical signals, wherein the first optical signals are linear color values;
converting nonlinear color values into second optical signals, wherein the second optical signals are linear color values;
and an obtaining unit configured to convert optical signals in the third optical signal set into colors in the second color space to obtain a fused image of the foreground image and the background image.
ITU-R BT.2087 teaches:
converting nonlinear color values (bt.709) into first optical signals (bt.2020), wherein the first optical signals are linear color values; (Fig. 1, Pages 2-4) Pages 3 and 4 detail converting non-linear bt.709 color signals to linear bt.709 colors signals. Then converting linear bt.709 color signals to bt.2020.
converting nonlinear color values (bt.2020) into second optical signals (bt.2020), wherein the second optical signals are linear color values; (Page 6) Page 6 details converting linear bt.2020 color signals to non-linear bt.2020 by applying the inverse of the non-linear to linear conversion equation. Thus, ITU-R BT.2087 teaches converting linear bt.2020 to non-linear bt2020 and vice versa.
and an obtaining unit configured to convert optical signals in the third optical signal set into colors in the second color space(bt.2020) to obtain a fused image of the foreground image and the background image. (Page 4, M2 Step) The M2 Step describes converting linear bt.709 color to linear bt.2020 colors to non-linear
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the created standard to convert color signals between bt.709 and bt.2020.
Regarding claim 11, Lustica teaches the method of claim 1 and an electronic device, (Display Devices, Section: Abstract) comprising a memory and a processor, wherein the memory is configured to store a computer program; and the processor is configured to, when executing the computer program, enable the electronic device to implement claim 1, therefore it is rejected under the same rationale as claim 1.
Regarding claim 12, Lustica teaches a computer-readable storage medium, storing a computer program, wherein the image processing method according to claim 1 is implemented by a computing device (Display Devices, Section: Abstract) when the computer program is executed by the computing device. Display Devices can comprise computer parts such as processors and memory.
Regarding claim 14, has similar limitations as of claim 2, therefore it is rejected under the same rationale as claim 2.
Regarding claim 15, has similar limitations as of claim 3, therefore it is rejected under the same rationale as claim 3.
Regarding claim 16, has similar limitations as of claim 4, therefore it is rejected under the same rationale as claim 4.
Regarding claim 17, has similar limitations as of claim 5, therefore it is rejected under the same rationale as claim 5.
Regarding claim 18, has similar limitations as of claim 6, therefore it is rejected under the same rationale as claim 6.
Regarding claim 21, Lustica teaches the image processing method according to claim 1, wherein the first color space (bt.709) and the second color space (bt.2020) are both nonlinear spaces. . The color spaces bt.709 and bt.2020 (Section: II. Wider Color Gamut) are transmitted and encoded non-linearly (Section: III. Television Signal Chain) using electro-optic and optic-electronic transfer functions.
Claim(s) 7-8 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL “Live HDR Workflow” by Alen Lustica (hereinafter Lustica) in view of Website Tutorial “Blending” by OpenGL (hereinafter OpenGL), NPL “Panda3D Developer Blog” by rdb (hereinafter Panda3D), NPL “Recommendation ITU-R BT.2087-0” by International Telecommunication Union (hereinafter ITU-R BT.2087), and in further view of Website Tutorial “Histogram Equalization on Grayscale and Color Image” by HYPJUDY (hereinafter HYPJUDY).
Regarding claim 7, Lustica fails to teach the image processing method according to claim 1, wherein the converting optical signals in the third optical signal set into the colors in the second color space to obtain a fused image of the foreground image and the background image comprises:
converting the optical signals in the third optical signal set into the colors in the second color space based on an opto-electrical transfer function of the second color display standard to obtain a first color set;
performing histogram equalization on the colors in the first color set to obtain a second color set;
performing weighted mixing on the colors in the first color set and the colors in the second color set based on a preset weight coefficient to obtain a third color set;
and obtaining the fused image of the foreground image and the background image according to colors in the third color set and pixel coordinates of the colors in the third color set.
However, OpenGL teaches the image processing method according to claim 1, wherein the (Green Square Image) and the background image (Red Square Image) comprises:
performing weighted mixing (Blending Equation, Figure 2 Above) on the colors in the first color set and the colors in the second color set based on a preset weight coefficient (Transparency/Alpha Value) to obtain a third color set; (Section Blending, Pages 5-7)
and obtaining the fused image of the foreground image (Green Square Image) and the background image (Red Square Image) according to colors in the third color set and pixel coordinates of the colors in the third color set. (Section Blending, Pages 5-7)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
OpenGL and Panda3D fail to teach:
converting the optical signals in the third optical signal set into the colors in the second color space based on an opto-electrical transfer function of the second color display standard to obtain a first color set;
performing histogram equalization on the colors in the first color set to obtain a second color set;
ITU-R BT.2087 teaches:
converting the optical signals in the third optical signal set into the colors in the second color space (HDR) based on an opto-electrical transfer function (OETF) of the second color display standard (HDR) to obtain a first color set; (Page 4) Step M2 on page 4 details converting linear bt.709 color signals into linear bt.2020. Page 4 further details converting linear color signals of bt.2020 to non-linear bt.2020 based on either EOTF or OETF.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images and Panda3D’s Blending in a Linear Space to incorporate ITU-R BT.2087 Conversions from BT.709 to BT.2020. Since doing so would provide the benefit of following the created standard to convert color signals between bt.709 and bt.2020.
ITU-R BT.2087 fails to teach:
performing histogram equalization on the colors in the first color set to obtain a second color set;
Lustica, OpenGL, Panda3D, ITU-R BT.2097, and HYPJUDY are analogous to the claimed invention because all of them are in the same field of converting characteristics of images.
However, HYPJUDY teaches:
performing histogram equalization on the colors in the first color set to obtain a second color set; (Sections: Histogram Equalization, Color Image, Independent Histogram Equalization based on Color Channels, Pages 5-9) Performing Histogram Equalization on colors to obtain different color sets is a known conversion.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR altered by OpenGL’s method of Fusing Images, Panda3D’s Blending in a Linear Space, and ITU-R BT.2087 Conversions from BT.709 to BT.2020. to incorporate HYPJUDY’s Histogram Equalization equation. Since doing so would provide the benefit of converting color sets to other color sets.
Regarding claim 8, Lustica fails to teach the image processing method according to claim 7, wherein the performing weighted mixing on the colors in the first color set and the colors in the second color set based on a preset weight coefficient to obtain a third color set comprises:
obtaining a weight value of a first color, wherein the first color is a color in the first color set; and the weight value of the first color is a product of the first color and the preset weight coefficient;
obtaining a weight value of a second color, wherein the second color is a color having same pixel coordinates with the first color in the second color set; the weight value of the second color is a product of the second color and a weight coefficient difference; and the weight coefficient difference is a difference between 1 and the preset weight coefficient;
and obtaining a sum of the weight value of the first color and the weight value of the second color as a weighted mixing result of the first color and the second color.
However, OpenGL teaches the image processing method according to claim 7, wherein the performing weighted mixing (Blending Equation, Figure 2 Above) on the colors in the first color set and the colors in the second color set based on a preset weight coefficient (Transparency/Alpha Value) to obtain a third color set comprises: (Section Blending, Pages 5-7)
obtaining a weight value of a first color, wherein the first color is a color in the first color set; and the weight value of the first color is a product of the first color and the preset weight coefficient (Transparency/Alpha Value); (Section Blending, Pages 5-7)
obtaining a weight value of a second color, wherein the second color is a color having same pixel coordinates with the first color in the second color set; the weight value of the second color is a product of the second color and a weight coefficient difference; and the weight coefficient difference is a difference between 1 and the preset weight coefficient (Transparency/Alpha Value); (Section Blending, Pages 5-7)
and obtaining a sum of the weight value of the first color and the weight value of the second color as a weighted mixing result of the first color and the second color. (Section Blending, Pages 5-7)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lustica’s Image Conversion from SDR to HDR to incorporate OpenGL’s method of fusing images. Since doing so would provide the benefit of fusing/superimposing images that are in different display standards
Regarding claim 19, has similar limitations as of claim 7, therefore it is rejected under the same rationale as claim 7.
Regarding claim 20, has similar limitations as of claim 8, therefore it is rejected under the same rationale as claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is the following:
NPL “Report ITU-R BT.2407-0, Colour Gamut Conversion from Recommendation ITU-R BT.2020 to Recommendation ITU-R BT.709” by International telecommunication Union (hereinafter ITU-R BT.2407) teaches linear and nonlinear color conversions between bt.709 and bt.2020;
And, NPL “Report ITU-R BT.2446-0, Methods for conversion of high dynamic range content to standard dynamic range content and vice-versa” by International telecommunication Union (hereinafter ITU-R BT.2407) teaches converting content from HDR to SDR and vice-versa.
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/BRIANNA RENAE COCHRAN/Examiner, Art Unit 2615
/DANIEL F HAJNIK/Supervisory Patent Examiner, Art Unit 2616
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