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 .
DETAILED ACTION
RESPONSE TO ARGUMENTS
35 USC 101 Alice
The examiner acknowledges the amendment of claims 1-2, 4, 6 & 8-11 filed 03/30/2026. After carefully reviewing applicant amendments, 35 USC 101 Alice guidance and claim limitations, claim limitations are sufficient to overcome grounds of rejection.
Prior Art Rejections
The examiner acknowledges the amendment of claims 1-2, 4, 6 & 8-11 filed 03/30/2026. Applicants arguments filed on (03/30/2026) have been fully considered but are deemed moot in view of new grounds of rejection. Due to the variation in claim scope via amendments a new ground of rejection is proper.
ALLOWABLE SUBJECT MATTER
Claims 2-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 & 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over
Haneda et al. (U.S. Publication 2020/0242154) in view of Odate et al. (U.S. Publication 2020/0250578)
As to claims 1 & 10-11, Haneda discloses an image reading apparatus configured to read image data and generate a data file of the read image; ([0033] discloses the camera can acquire image data using an imaging section. See wherein if the user performs instruction for actual shooting wherein the image data that has been acquired by the imaging section 103 and subjected to image processing by an image processing section 101 is stored in a storage section 105. [0036] discloses the image sensor 103b subjects the optical image to photoelectric conversion and outputs an image signal. The image signal is converted to digital image data by the image signal processing circuit, and output to the control section 101 and inference engine 104. [0196] discloses this file creation section 101ab creates an image file in which image data and other auxiliary data are associated with each other at the time of image storage. [0196] discloses an image file that has been created by this file creation section 101ab is stored as an image file 105c having metadata for annotation.)
a memory configured to store the data file; ([0041] discloses the storage section 105 is an electrically rewritable non-volatile memory. Image data 105a that has been output from the imaging section 103 and subjected to image processing for storage by the image processing section 101d is stored in the storage section 105.) circuitry configured to: acquire the data file; ([0045] discloses the control section 101 is a processor that is made up of ASIC including CPU. The control section 101 controls the whole of the camera 100 in accordance with the CPU and programs. [0048] discloses the storage control section 101a controls storage of image data etc. that is stored in the storage section 105. [0240] discloses first training data and test data candidates are acquired.) determine an operation performed by a user on the acquired data file on the image reading apparatus; ([0035] discloses the operation section 102 is an input interface for the user to command the camera. Operating states of the operation members that have been detected by the operation section 102 are output to the control section 101. [0269] discloses addition of training data can be considered to be an indication that the user is eager to have an inference model that has been improved by means of learning again for an actual scene. This may be by manual selection. ) store the determined operation in the memory in association with the data file as an operation history; ([0196] discloses the file creation section 101ab creates an image file in which image data and other auxiliary data are associated with each other. An image file that has been created by this file creation section 101ab is stored as an image file 105c having metadata for annotation. [0199] discloses the file creation section 101ab of the storage control section 101a functions as a metadata assignment section that attaches at least one of the following information. (g) make into training data or make into test data (hidden reference data) as metadata.) determine whether to adopt the acquired data file as learning data for machine learning for processing on the image data based on the operation history. ([0006] discloses a image file generating device of a first aspect of the present invention generates an image file having training data candidates. [0060] discloses although this image is an image that can be a candidate for training data and the test data, it is still a candidate which may not be used for either data. [0240] discloses images that have been newly acquired at the shooting scene, or images that have been transmitted with the fact that they will be used in learning by the user, are made directly into first training data. [0305] discloses an image file having image data and metadata if generated. Information as to whether the image data will be made into training data for externally requested learning or made into hidden reference data is attached as the metadata. )
Haneda is silent to determining an operation performed by the user on the acquired data file and using that operation as the basis for adopting the data file as learning data. Storing the user operation as an operation history. Determining adoption based on the operation history.
However, Odate discloses determining an operation performed by the user on the acquired data file and using that operation as the basis for adopting the data file as learning data. ([0168] discloses the user operates the cursor 1410 to select an area in which binary image data is to be modified, and modifies the binary image data of the selected area. When the content of the modification is received from the user, the learning data generating module 112 identifies an analysis area that is included in the area specified by the user, and updates the analysis binary image data 1006. [0173] discloses the delete button 1408 is a button for deleting the learning data 205. When the delete button 1408 is operated, the learning data generation module 112 deletes the piece of learning data 205 that is being displayed on the check screen 1400 from the learning data management information 122. [0176] discloses the learning data setting module 512 provides an application programming interface (API). [0177] discloses the learning data setting module 512 determines whether an instruction to set learning data has been received via the API.) Storing the user operation as an operation history ([0173] discloses when the delete button 1408 is operated the learning data generation module 112 deletes the piece of learning data 205 that is being displayed on the check screen 1400 from the learning data management information 122. [0179] discloses when it is determined that an instruction to set learning data has been received, the learning data setting module 512 updates the learning data management information.).
Determining adoption based on the operation history. ([0063] discloses the computer 100 receives input of the analysis image data 204 (Step S401.) [0066] discloses the computer 100 next determines whether the candidate teacher data 301 is adoptable as the teacher data (Step S404). [0067] discloses when to the to be analyzed output data 302 fulfills the users demand, the learning data generation module 112 determines that the candidate teacher data 301 is adoptable as the teacher data. [0069] discloses in a case where it is determined that the candidate teacher data 301 is adoptable as the teacher data, the computer 100 generates the learning data 205 (Step S405). [0179] discloses when it is determined that an instruction to set learning data has been received, the learning data setting module 512 updates the learning data management information.)
It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify Haneda’s disclosure to include the above limitations in order to improve selection and maintenance of learning data based on user feedback before machine learning.
CONCLUSION
No prior art has been found for claims 2-9 in their current form.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stephen P Coleman whose telephone number is (571)270-5931. The examiner can normally be reached Monday-Thursday 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Moyer can be reached at (571) 272-9523. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Stephen P. Coleman
Primary Examiner
Art Unit 2675
/STEPHEN P COLEMAN/Primary Examiner, Art Unit 2675
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