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
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.
Claims 1-2, 8-9, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katayama et al. (US 8681375) in view of Ezoe (US 20190037111).
Regarding claim 8, Katayama teaches an information processing apparatus for creating color chart data to be used for executing color adjustment for an image forming apparatus (claim 10) comprising circuitry configured to:
obtain, from a color chart printed out by the image forming apparatus, color chart data including a color adjustment patch group in which a plurality of color patches used for executing the color adjustment are arranged adjacent to each other (claim 10:a data generator for generating image data used for printing a color chart having a plurality of color patches with a printing machine, color values and positions of the color patches being associated with each other and abstract).
Katayama does not teach determine, for one or more of the plurality of color patches included in the color adjustment patch group, whether color of the color patch and color of an adjacent color patch adjacent to the color patch are similar; and based on a determination that the color of the color patch and the adjacent color patch are similar, create color chart data in which the color patch and the adjacent color patch that are similar in color are arranged not to be adjacent to each other.
Ezoe determine, for one or more of the plurality of color patches included in the color adjustment patch group (p0010:receives a setting of a difference of color information between adjacent patches in the patches formed in the color chart), whether color of the color patch and color of an adjacent color patch adjacent to the color patch are similar (p0010: the evaluator causes the generator to generate the image data to create the color chart with the patches in the color chart arranged so that the difference of the color information of adjacent patches differs by the set difference); and based on a determination that the color of the color patch and the adjacent color patch are similar, create color chart data in which the color patch and the adjacent color patch that are similar in color are arranged not to be adjacent to each other (p0010: color chart arranged so that the difference of the color information of adjacent patches differs by the set difference).
Katayama and Ezoe are combinable because they both deal with color adjustment with a printing apparatus. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Katayama with the teaching of Ezoe for purpose of finding a color matching the specified color easy, and improves efficiency (p0010).
Regarding claim 1, The structural elements of apparatus claim 8 perform all of the steps of method claim 1. Thus, claim 1 is rejected for the same reasons discussed in the rejection of claim 8.
Claim 15 has been analyzed and rejected with regard to claim 8 and in accordance with Ezoe’s further teaching on: A computer-readable memory that contains instructions, which when executed by a processor perform steps in a method (p0023).
Regarding claim 9, Katayama teaches the information processing apparatus for creating color chart data according to claim 8, wherein the circuitry is further configured to:
calculate a first color difference between the color patch and the adjacent color patch included in the color adjustment patch group (col. 18, lines:30-40: the colorimeter 20 produces measured values); and in a case that the first color difference is determined to be smaller than a threshold value, replace the color patch, with a color patch having a color different from the color of the adjacent color patch, such that the first color difference between the color patch and the adjacent color patch becomes equal to or greater than the threshold value (col. 18, lines:30-40: When the image data are generated, the corrective amounts L*(diff), a*(diff), b*(diff) are added to the designed values of the colors for thereby correcting a slight shift in the print color).
The rational applied to the rejection of claim 8 has been incorporated herein,
Regarding claim 2, The structural elements of apparatus claim 9 perform all of the steps of method claim 2. Thus, claim 2 is rejected for the same reasons discussed in the rejection of claim 9.
Regarding claim 13, claim 1 recites the similar limitation, therefore it is rejection for the same reason as claim 1.
Regarding claim 14, Katayama An image forming system comprising (fig.1) : the information processing apparatus (14 in fig. 1) for creating color chart data according to claim 8; an image forming apparatus configured to print out a color chart based on the color chart data acquired from the information processing apparatus (18 In fig. 1); and an image reading apparatus configured to read the color chart printed out by the image forming apparatus to generate color information data (20 in fig. 1), the information processing apparatus for creating color chart data including circuitry configured to: obtain the color information data generated by the image reading apparatus; identify the image forming apparatus based on identification information included in the color information data (claim 10:a data generator for generating image data used for printing a color chart having a plurality..); extract a colorimetric value of each of the plurality of color patches in the color adjustment patch group based on the color information data (col.6 Lines:43-50: the editing apparatus 14 can acquire color image data from the color scanner); and create, based on the colorimetric value of each of the plurality of color patches, a profile to be applied to the image forming apparatus (fig. 2).
Claims 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katayama and Ezoe as applied to claim 8 above, and further in view of Katayama’223 (US 20110075223).
Regarding claim 3, Katayama and Ezoe does not teach the method of creating color chart data according to claim 2, wherein: in a case that the color patch is arranged on outer periphery of the color adjustment patch group, the method further comprises calculating a second color difference between the color patch and a color of paper on which the color chart is printed; and in a case that the second color difference is determined to be smaller than the threshold value, the method of creating color chart data further comprises replacing the color patch, with a color patch having a color different from the color of the adjacent color patch, such that the second color difference between the color patch and the color of the paper becomes equal to or greater than the threshold value.
Katayama’223 teaches wherein: in a case that the color patch is arranged on outer periphery of the color adjustment patch group (fig. 15), the method further comprises calculating a second color difference between the color patch and a color of paper on which the color chart is printed (p0175-181: the designated color can be adjusted in view of a change of spectral sensitivity characteristics of vision depending on the background color); and in a case that the second color difference is determined to be smaller than the threshold value, the method of creating color chart data further comprises replacing the color patch, with a color patch having a color different from the color of the adjacent color patch, such that the second color difference between the color patch and the color of the paper becomes equal to or greater than the threshold value (Katayama: col. 18, lines:30-40: When the image data are generated, the corrective amounts L*(diff), a*(diff), b*(diff) are added to the designed values of the colors for thereby correcting a slight shift in the print color).
Katayama in view of Ezoe and Katayama’223 are combinable because they both deal with color adjustment with a printing apparatus. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Katayama in view of Ezoe with the teaching of Katayama’223 for purpose of allow the operator to select colors efficiently and easily without an excessive increase in the number of color patches on a color chart (p0015).
Regarding claim 7, The structural elements of apparatus claim 3 perform all of the steps of method claim 7. Thus, claim 7 is rejected for the same reasons discussed in the rejection of claim 3.
Claims 4-6 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katayama and Ezoe as applied to claims 1/8 above, and further in view of Mahy (EP1146726 IDS).
Regarding claim 10, Katayama and Ezoe does not teach the information processing apparatus for creating color chart data according to claim 8, wherein the circuitry is further configured to arrange a boundary line having a color that is determined based on the color patch and the adjacent color patch of the plurality of color patches in the color adjustment patch group, at a boundary between the color patch and the adjacent color patch of the plurality of color patches.
Mahy teaches arranging a boundary line having a color that is determined based on the color patch and the adjacent color patch of the plurality of color patches in the color adjustment patch group, at a boundary between the color patch and the adjacent color patch of the plurality of color patches (fig. 10 and p0040:line segment …boundaries).
Katayama in view of Ezoe and Mahy are combinable because they both deal with color adjustment with a printing apparatus. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Katayama in view of Ezoe with the teaching of Mahy for purpose of provide a method for generating a printer model that has high accuracy on the one hand and requires little colorant points on the other hand (p0014).
Regarding claim 4, The structural elements of apparatus claim 10 perform all of the steps of method claim 4. Thus, claim 4 is rejected for the same reasons discussed in the rejection of claim 10.
Regarding claim 11, Katayama in view of Ezoe and Mahy teaches the information processing apparatus for creating color chart data according to claim 10, wherein the circuitry is configured to: calculate an average lightness of the color patch and the adjacent color patch of the plurality of color patches included in the color adjustment patch group (fig. 1); in a case that the average lightness is determined to be equal to or greater than another threshold value, set the color of the boundary line to black (fig. 7: black line); and in a case that the average lightness is determined to be smaller than the other threshold value, set the color of the boundary line to white (fig. 7), Changing color of the boundary line to other color would have been a matter of choice in design since the claimed structures and the function they perform are the same as the prior art (set boundary). In re Chu, 66 F.3d 292, 36 USPQ2d 1089 (Fed. Cir. 1995) citing In re Gal, 980 F.2d 717, 719, 25 USPQ2d 1076, 1078 (Fed. Cir. 1992). See also stare decisis regarding changes in size or proportion in MPEP § 2144.04.
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to set different color for boundary. Applicant has not disclosed that white boundary line provides an advantage, is used for a particular purpose or solves a stated problem.
Regarding claim 5, The structural elements of apparatus claim 11 perform all of the steps of method claim 5. Thus, claim 5 is rejected for the same reasons discussed in the rejection of claim 11.
Regarding claim 12, Katayama in view of Ezoe and Mahy teaches the information processing apparatus for creating color chart data according to claim 10, wherein the circuitry is configured to: calculate a color difference between the color patch and the adjacent color patch of the plurality of color patches included in the color adjustment patch group; and based on a determination that the color difference is smaller than still another threshold value, arrange the boundary line at the boundary between the color patch and the adjacent color patch (ig. 10 and p0040: line segment …boundaries).
The rational applied to the rejection of claim 10 has been incorporated herein.
Regarding claim 6, The structural elements of apparatus claim 12 perform all of the steps of method claim 6. Thus, claim 6 is rejected for the same reasons discussed in the rejection of claim 12.
Conclusion
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HELEN ZONG
Primary Examiner
Art Unit 2683
/HELEN ZONG/Primary Examiner, Art Unit 2683