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 .
Drawings
The drawings are objected to because the illustration of Figure 4 is blurry and hard to read. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In claim 14, “a computer program” is being recited. The claim is explicitly directed to a computer program per se with no embodying medium, and a computer program per se does not fall within the statutory categories of 35 USC 101 (i.e., process, machine, manufacture, or composition of matter), the claim is ineligible. It is suggested to amend claim 14 to embody the program on “computer-readable medium” or equivalent, and adding term “non-transitory” to the “computer-readable medium”, to reflect as: “a non-transitory computer readable medium
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
-- Claim 1 is allowable over the prior art of record
-- Claims 2-15 are allowable as they depend on claim 1
With respect to claim 1, the prior art of record, alone or in reasonable
combination, does not teach or suggest, the following underlined limitations, (in consideration of the claim as a whole):
“d) re-capturing the image of step a) with a white balance mode associated with a warmer color temperature if one of the first and second overexposure-numbers or a sum of the first and second overexposure-numbers exceeds a respective preset overexposure-threshold, and the first overexposure number is greater than the second overexposure number; and e) re-capturing the image of step a) with a white balance mode associated with a cooler color temperature if one of the first and second overexposure-numbers or a sum of the first and second overexposure-numbers exceeds a respective preset overexposure-threshold”.
The relevant prior art of record, Tsai et al, (US-PGPUB 20150254844), discloses a method of controlling auto white balance settings of a mobile device for performing a color-based measurement using the mobile device and a color reference card, (see at least: Fig. 8, “method”. Further, Fig. 2, Par. 0037, the method uses computing device 210 (i.e., mobile device) and specimen text strip 200, (i.e., color reference card), comprising gray card 204, that serves as a white balance reference for color correction), wherein the mobile device comprises a processor, a display, a color camera and a plurality of preset white balance modes, each of the white balance modes being associated with a different color temperature, (see at least: Fig. 2, the mobile device 210 implicitly comprises processor, (not shown in Fig, 2), and display, (mobile device’s screen shown in Fig. 2), and an imaging device 208, (i.e., the color camera), where the mobile device 210, implicitly comprises plurality of preset white balance modes, associated with a different color temperature, “the mobile device 210 is a smartphone, which the spart phone implicitly comprises preset white balance modes, associated with a different color temperature), wherein the color reference card comprises one or more gray fields, each of the gray fields having a known dedicated gray value, (see at least: Par. 0036-0037, as shown in Fig. 2, specimen text strip 200, (i.e., color reference card), comprises different fields 202, 204, 206, which each field has implicitly different gray value(s)), the method comprising:
a) capturing an image of at least part of the one or more gray fields of the color reference card using the camera and one of the white balance modes, (see at least: Fig. 2, Par. 0040, using an imaging device 208, (i.e., camera), on computing device 210, (mobile device 210), a user captures an image 212 of reaction area 202 and at least one of color calibration area 204 and temperature calibration area 206, [i.e., implicitly capturing an image of at least part of the one or more gray fields, (fields 202, 204, 206 in Fig. 2), of the color reference card, (200 in Fig. 2), using the camera, (208 in Fig. 2), and one of the white balance modes, (implicit by using the smartphone 210)]),
i)
ii) the image comprises a plurality of pixels and color information for at least three different colors for the plurality of pixels, image 212 of reaction area 202 and at least one of color calibration area 204 and temperature calibration area 206; and from Par. 0036, the reaction area 202 produces one or more parameters includes the color and the color intensity of reaction area 202, …., which are determined from the red, green, and blue (RGB) values of pixels captured by a camera, [i.e., the image comprises a plurality of pixels, “th image 212 implicitly includes plurality of pixels”, and color information for at least three different colors for the plurality of pixels, “red, green, and blue (RGB) values of pixels”]);
b) determining a number of gray fields for which the color information for a first color shows overexposure by exceeding a preset threshold as a first overexposure-number for a region of interest within the image; and c) determining a number of gray fields for which the color information for a second color shows overexposure by exceeding a preset threshold as a second overexposure-number for the region of interest within the image, wherein the first color relates to a smaller wavelength or a range of smaller wavelengths than the second color, (see at least: Fig. 2, Par. 0036-0037, the reaction area 202 includes one or more color parameters that are proportional to the value of a characteristic of the analyte in the specimen sample, where the one or more color parameters include color components determined from the red, green, and blue (RGB) values of pixels captured by a camera; and the specimen test strip 200 includes a color calibration area 204, which may be may be a gray card, which serve as an exposure reference when a computing device 210 captures an image 212 of specimen test strip 200; and from Fig. 10, Par. 0065-0068, computing device 210 captures at least two images 212 of specimen test strip 200 in time window 908, where each image includes reaction area 202, color calibration area 204, and/or temperature calibration area 206, and In block 1004, the computing device 210 determines the color of reaction area 202 in each image 212, and in block 1006, determining a change in color intensity, “i.e., overexposed”, of reaction area 202 from images 212; and in block1008, correlating the change in color intensity to an analyte characteristic value, using chart 900, to determine the analyte characteristic value, “i.e., overexposure number”, [i.e., determining a number of gray fields for which the color information for a first color shows overexposure as a first overexposure-number for a region of interest within the image; and determining a number of gray fields for which the color information for a second color shows overexposure as a second overexposure-number for the region of interest within the image, “i.e., implicit by determining the color of reaction area 202 as well as the determining of a change in color intensity, which the change in color intensity in the at least first and second images areas, corresponds to the color information of first color and second color that shows overexposure”, and where the analyte characteristic value for each image area, corresponds to the first overexposure number, and second overexposed number, respectively]).
Tsai et al further discloses that the computing device 210 captures at least two
images 212 of specimen test strip 200, (Par. 0057), [i.e., acquiring first and second images, which each image includes reaction area 202, color calibration area 204, and/or temperature calibration area 206]; and the computing device 210 further calibrates the illumination of reaction area 202 in image 212, by estimating the illumination profile of reaction area 202 in image 212 and then corrects the illumination of reaction area 202 in image 212 when the illumination is not uniform, such that the computing device 210 corrects the color of reaction area 202 for white balance based on color calibration area 204 in image 212 when area 204 is a gray card, and might corrects the color of reaction area 202 for temperature based on temperature calibration area 206 in image 212, [which is technically equivalent to a performing of white balance correction or adjustment for color based on color calibration area 204 in image 212 and performing the white balance correction for temperature based on the temperature calibration area 206 in image 212, (see at least: Par. 0059-0061).
However, while disclosing performing of white balance correction for color based on color calibration area 204, as well as the temperature based on the temperature calibration area 206 in image 212; Tsai et al fails to teach or suggest, either alone or in combination with the other cited references, d) re-capturing the image of step a) with a white balance mode associated with a warmer color temperature if one of the first and second overexposure-numbers or a sum of the first and second overexposure-numbers exceeds a respective preset overexposure-threshold, and the first overexposure number is greater than the second overexposure number; and e) re-capturing the image of step a) with a white balance mode associated with a cooler color temperature if one of the first and second overexposure-numbers or a sum of the first and second overexposure-numbers exceeds a respective preset overexposure-threshold,
A further prior art of record, Hennings et al, (US-PGPUB 20200204718) discloses the computing device 160, which comprises camera element 110 is configured to capture digital images, (Fig. 2, Par. 0055); and determining the color information for a first color that shows overexposure by exceeding a preset threshold, (Par. 0055-0060, the illuminance detection engine 220 identifies one or more areas within a digital image that have high levels illuminance as based on by a pre-determined threshold); but fails to teach or suggest, either alone or in combination with the other cited references, the above limitations (as combined with the other claimed limitations).
Another prior art of record, Kadambala et al, (US-PGPUB US 20190007589) discloses determining the color information for a first color that shows overexposure by exceeding a preset threshold, (see at least: Par. 0034-0035, an AWB setting may be an adjustment to the color balance of an image. For example, in determining an initial AE setting, the device 200 may determine if an image is too light or too dark (such as measuring the luminance of an image capture against one or more thresholds), where the device 200 adjusts the AE setting, captures one or more additional image frames, and analyzes the captured image frames until the luminance of the image capture falls within an acceptable range, [i.e., determining the color information for a first color, “measuring the luminance of an image”, that shows overexposure by exceeding a preset threshold, “against one or more thresholds”]); but fails to teach or suggest, either alone or in combination with the other cited references, the above limitations (as combined with the other claimed limitations).
The prior art of record, Kino (US-PGPUB 20150077587) discloses wherein
each of the white balance modes comprises a set of camera parameters for color balancing or chromatic adaptation to a specific color temperature, (see at least: Par. 0050, 0073, performing white balance correction on image data, such that the color white is correctly reflected as white, under light sources of various color temperatures, where an auto white balance mode for automatically calculating a white balance correction amount at the camera side, can be set by the user, [i.e., the white balance modes, “auto white balance mode”, comprises a set of camera parameters, “white balance”, for color balancing, “white color balancing”]). However, Kino fails to teach or suggest, either alone or in combination with the other cited references, the above limitations (as combined with the other claimed limitations).
The prior art of record, Brown et al, (US-PGPUB 20210297582) discloses providing camera parameters customizing, where the image signal processor parameters are adjusted so that unprocessed image data is generally exposed to a warmer color temperature, (Par. 00132)
Other prior art listed on the attached form PTO-892 show various aspects of the
invention but none, either alone or in combination, teach or suggest all the claimed limitations.
-- Limburg et al, (US-PGPUB 20200242769) discloses method for evaluating the suitability of a mobile device having at least one camera, for performing an analytical measurement, (see at least: Abstract)
-- Huang (CN 201511030189), discloses determining environmental light
between pre-set color card and the demarcate data, involving the use of the camera terminal to shoot aiming at the gray pre-set color card, to accurately perform a color correction for color image processing, (Abstract, and specification).
-- Lan et al, (WO 2019061545) discloses the method for rapidly adjusting the white balance of a camera, comprising acquiring color temperature information of a current environment of a mobile terminal in real time by means of a color temperature sensor, and acquiring a corresponding white balance parameter according to the color temperature information; loading the white balance parameter when starting a camera function of the mobile terminal; and adjusting the imaging effect of the camera on the basis of the white balance parameter, (see at least: Abstract)
-- Morales et al (US-PGPUB 20170230558) discloses calculating exposure level signals indicating a spatial distribution of the brightness corresponding to the ROI, and using block signals to increase or decrease the brightness of the device light if the exposure level signal is under or over a desired threshold, or adjust the image sensor integration time accordingly.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARA ABDI whose telephone number is (571)272-0273. The examiner can normally be reached 9:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vu Le can be reached at (571) 272-7332. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARA ABDI/Primary Examiner, Art Unit 2668 09/02/2026
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