Prosecution Insights
Last updated: July 17, 2026
Application No. 18/586,840

IMAGE READING DEVICE AND IMAGE READING METHOD

Final Rejection §103§112
Filed
Feb 26, 2024
Priority
Feb 27, 2023 — JP 2023-028136
Examiner
DICKERSON, CHAD S
Art Unit
2683
Tech Center
2600 — Communications
Assignee
Seiko Epson Corporation
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
9m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
379 granted / 607 resolved
At TC average
Strong +23% interview lift
Without
With
+22.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
27 currently pending
Career history
644
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
93.8%
+53.8% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 607 resolved cases

Office Action

§103 §112
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 . Response to Arguments Applicant’s arguments, see page 8, filed 3/25/2026, with respect to the specification objection have been fully considered and are persuasive. The objection of the specification has been withdrawn. Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The arguments state that the applied references do not disclose the claimed limitations of “use the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction: and use the streak to identify a document region”. The reference of Hirayama cures the deficiency of the previously applied references. Regarding the reference of Hirayama, the invention discloses a reference portion that can be impacted by dust or dirt. The system illustrates that the dirt on a reference portion can be seen by the scanning system as a streak, which is seen in figures 7, 8 and 14. The reference data is used to obtain an image that includes a vertical streak that is within a document and background area. The presence of dirt on the reference portion can create a streak in the document region and background region that extends in a conveying direction, which is taught in ¶ [80]-[82] and [92]. The streak is used to identify a document portion or region to be extracted separate from the background, which is taught in ¶ [92], [96] and [97]. These sections perform the contended aspects of the claims. Therefore, this reference, in combination with the previously applied references, performs the features of the claims. Thus, based on the above, the features of the claims are disclosed below. Claim Interpretation 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) is/are: light source and control unit in claims 1-8, 10 and 11. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The phrase “use the streak to identify a document region in the image” is considered as new matter. When reviewing the specification, the first result involves making specific calculations and comparing the result to a threshold to determine if a pixel is a part of a document. The specification does not disclose using the streak, specifically, to determine the document region from the image including both the document region and background region. Thus, claims 1 and 11 are considered as new matter. Claims 2-10 are rejected based on their dependency. Regarding claim 12, the phrase “by using the edge of the document region and by distinguishing a dirt region included in a background region in a second result from a dirt region included in the document region in the first result” is considered as new matter. The specification does not disclose “by using the edge of the document” in conjunction with the other claimed limitations when cutting out a document. Since this is not seen within the specification, this is considered as new matter. 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 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. Claim(s) 1, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizawa (US Pub 2019/0320089) in view of Sodeura (US Pub 2005/0206968) and Hirayama (US Pub 2022/0263949). Re claim 1: Yoshizawa discloses an image reading device configured to covey a document along a conveyance path, and comprising: a light source (interpretation: The light source 31 is, for example, an LED, a fluorescent lamp, or the like. The light source 31 emits light. Specifically, the light source 31 irradiates the facing reading unit with light, which is taught in ¶ [23]. This interpretation and its equivalents are utilized for this claim term hereinafter in the Office Action.) configured to emit light (e.g. an image scanner contains a light source to emit light onto a reference panel or document, which is taught in ¶ [21].); [0021] The image scanner 30 has a light source 31, lens array 32, and image sensor 33. The light emitted from the light source 31 passes through the platen glass 61 and illuminates the white reference panel 62 or the document S conveyed over the platen glass 61. The light reflected from the white reference panel 62 or the document S is incident to the image sensor 33 through the lens array 32. a reference portion positioned to face the light source such that when a document is not present between the light source and the reference portion, light emitted by the light source is incident on the reference portion (e.g. the reference panel is used to acquire white and black reference data in order to use this data for shading correction, which is taught in ¶ [30] and [35]. The invention shows in figure 1 that a reference portion that faces a light source when a document is not present, which is taught in ¶ [21].); [0021] The image scanner 30 has a light source 31, lens array 32, and image sensor 33. The light emitted from the light source 31 passes through the platen glass 61 and illuminates the white reference panel 62 or the document S conveyed over the platen glass 61. The light reflected from the white reference panel 62 or the document S is incident to the image sensor 33 through the lens array 32. [0030] The controller 70 acquires the white reference data by driving the light source 31 to illuminate the white reference panel 62, and detecting the reflection with the image sensor 33. The controller 70 acquires the black reference data by acquiring the detection result from the image sensor 33 when the light source 31 is off. The black reference data and white reference data preferably indicate the read results of all sensor chips arrayed on the X-axis, but if speed is more important than precision, the photoelectric conversion elements may be sampled to capture the read results from a subset of the photoelectric conversion elements. [0035] The shading corrector 51 in this embodiment uses the black reference data acquired before acquiring scanning data, and black reference data acquired after capturing the scanning data, to apply shading correction to the scanning data resulting from scanning a document S. This process is described in further detail below. Note that the image processor 50 may also apply image processes other than shading correction, such as gamma correction, line correction, and skew correction, after shading correction by the shading corrector 51. a reading unit configured to read a document and output read data, the reading unit positioned to receive light emitted by the light source after the light is reflected from the document if present or from the reference portion if the document is not present (e.g. an image is scanned, stored for processing and is output, which is taught in ¶ [31] and [32]. The scanner acquires reference data when a document is not present, which is taught in ¶ [35] above.); and [0031] The scanning data storage 42 stores the scanning data read from the document S. When storing scanning data, the scanning data storage 42 is configured to overwrite the scanning data that was previously stored with the new scanning data. The controller 70 stores the scanning data captured from the document S when the light source 31 is on in the scanning data storage 42 without correcting shading. [0032] The image processor 50 applies various image processes to the scanning data to generate an output image, and includes a shading corrector 51. The image processor 50 in this example is a dedicated ASIC (Application Specific Integrated Circuit) for image processing. The image processor 50 may obviously be configured with a CPU, or by using both a CPU and ASIC. a control unit (interpretation: The image reading device 11 includes a control unit 37. The control unit 37 comprehensively controls driving of each mechanism in the image reading device 11 and controls various operations executed in the image reading device 11. The control unit 37 can be configured as a circuit including α: one or more processors that execute various processing according to a computer program, β: one or more dedicated hardware circuits that execute at least part of the various processing, and γ: a combination thereof. The hardware circuit is, for example, an application-specific integrated circuit. The processor includes a CPU and a memory such as a RAM and ROM, and the memory stores program codes or instructions configured to cause the CPU to execute processing. The memory or a computer-readable medium includes any readable medium that can be accessed by a general purpose or special purpose computer, which is taught in ¶ [31] This interpretation and its equivalents are utilized for this claim term hereinafter in the Office Action.), wherein a particular one of first black reference data and first white reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on (e.g. the invention discloses acquiring white reference data after reading a reference portion by the scanner with the light source turned on. Since potentially could mean may or may not in the future, this is considered as not having dirt impact the black reference data. The black reference data is explained in ¶ [30] above.). [0042] FIG. 3 illustrates the relationship between the timing of reference data acquisition and the scanning data acquisition period in a first embodiment of the invention. [0043] At first acquisition time ti. the controller 70 acquires, as first reference data, first black reference data and first white reference data, and immediately starts conveying and scanning a document S. The controller 70 then pauses conveying and scanning the document S at second acquisition time t2 when time ΔT0 (ΔT0 t2−t1) has past after starting conveying and scanning the document S. The controller 70 acquires scanning data during time ΔT0. At second acquisition time t2 while conveying and scanning the document S is paused, the controller 70 acquires second black reference data as second reference data. [0044] After acquiring the second reference data, the controller 70 resumes conveying and scanning the document S, and pauses conveying and scanning the document S at third acquisition time t3 after acquiring scanning data for time AT0. The scanning data acquired during this time AT0 is referred below to as second scanning data. At third acquisition time t3 while conveying and scanning the document S is paused, the controller 70 acquires third black reference data as third reference data. [0045] The controller 70 then continues these steps of acquiring reference data and scanning data until scanning the document S is completed. [0046] When calculating the black reference data in the acquisition period of the first scanning data read between first acquisition time t1 and second acquisition time t2, the first acquisition time ti and second acquisition time t2 are equivalent to the first time point and second time point in the accompanying claims. The second acquisition time t2 and third acquisition time t3 are equivalent to the first time point and second time point in the accompanying claims when calculating the black reference data in the acquisition period of the second scanning data read between second acquisition time t2 and third acquisition time t3. [0047] In other words, the first time point of the invention is not limited to the first acquisition time ti in this embodiment, and may be any acquisition time (N−1) where N is an integer value of N≥2. The second time point is also not limited to second acquisition time t2 in this embodiment, and may be any acquisition time N. More specifically, the first time point and second time point of the invention are a time before acquisition of scanning data for which black reference data is calculated, and a time after scanning data is acquired. [0048] FIG. 4 to FIG. 6 are graphs showing examples of acquired and calculated reference data values, and scanning data acquisition values. In these graphs the signal level is shown on the Y-axis, and X coordinates are on the X-axis. In FIG. 4, Bs [1] [x] indicates the acquisition values for the first black reference data, and Ws [1] [x] indicates the acquisition values for the first white reference data, where [x] indicates a pixel number of the multiple sensor chips arrayed on the X-axis direction. [0049] FIG. 5 shows scanning data acquisition values i [y] [x], and calculated black reference data values b [y] [x], where [y] represents the pixel line scanned by conveyance of the document S in the +Y direction. [0050] FIG. 6 shows the second black reference data acquisition values Bs [2] [x]. [0051] As will be understood from FIG. 4 and FIG. 6, the black reference data acquisition values vary. To cancel the effects of this variation in black reference data on the output image, the shading corrector 51 uses, as the black reference data used in shading correction, the black reference data calculated based on the black reference data values acquired before and after the scanning data acquisition period. [0052] The shading correction equation is described next. The scanning data output value Out [y] [x] is calculated using equation (1) below. Note that Out [y] [x] is a value normalized by 1. PNG media_image1.png 56 392 media_image1.png Greyscale [0053] As shown in equation (1), the output value of the scanning data can be calculated by dividing the difference of the acquired scanning data value minus the black reference data by the difference of the white reference data minus the black reference data. [0054] As described above, because the output value of the scanning data is calculated assuming the level of the difference of the white reference data minus the black reference data does not change, the difference of the white reference data minus the black reference data w[y] [x]-[y] [x] is constant. Therefore, the output value of the scanning data is calculated as shown in equation (2). PNG media_image2.png 40 404 media_image2.png Greyscale However, Yoshizawa fails to specifically teach the features of the particular reference data being affected by dirt. However, this is well known in the art as evidenced by Sodeura. Similar to the primary reference, Sodeura discloses shading correction performed using a reference tape (same field of endeavor or reasonably pertinent to the problem). Sodeura discloses the particular reference data being affected by dirt (e.g. the invention discloses having dirt or dust on the reference portion that causes for correction of reference data based on the dust, which is taught in ¶ [73].). [0073] Next, the LEDs 52 are turned ON at the usual intensity of the light, i.e., so that the intensity of the light is at 100% (step 304). Then, in a state where the intensity of the light of the LEDs 52 is at 100% (first reading condition), reading of the white reference tape 64 by the CIS 50 is conducted, white reference shading data (first reading data: called 100% shading data SHD 100) are acquired (step 305), and the acquired 100% shading data SHD 100 are stored in the RAM 203 (step 306). Next, the LEDs 52 are turned ON at half the intensity of the light, i.e., so that the intensity of the light is at 50% (step 307). Then, in a state where the intensity of the light of the LEDs 52 is at 50% (second reading condition), reading of the white reference tape 64 by the CIS 50 is again conducted, white reference shading data (second reading data: called 50% shading data SHD 50 below) are acquired (step 308), and the acquired 50% shading data SHD 50 are stored in the RAM 203 (step 309). In the present embodiment, because the CIS 50 is fixed with respect to the white reference tape 64 during reading, the 100% shading data SHD 100 and the 50% shading data SHD 50 are acquired by reading the same position of the white reference tape 64. Also, the acquisition of the 100% shading data SHD 100 and the acquisition of the 50% shading data SHD 50 are the same with respect to the reading time (measurement time) by the line sensor 54. Moreover, the detection of dust/dirt-adherent sites (pixels) in the white reference tape 64 is conducted using the 100% shading data SHD 100 and the 50% shading data SHD 50 stored in the RAM 203 (step 310). Then, correction (complementation) of data is conducted in regard to pixels of the 100% shading data SHD 100 stored in the RAM 203 determined to be dust/dirt-adherent sites (step 311), the corrected data are stored as the white reference shading data of the CIS 50 in the shading memory 221 disposed in the C integrated circuit 210 of the second image processing circuit 200 (step 312), and the series of processing ends. Therefore, in view of Sodeura, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the particular reference data being affected by dirt, incorporated in the device of Yoshizawa, in order to detect and correct for potentially impacted reference position by dirt which can prevent stripes and image defects from being output as the image (as stated in Sodeura ¶ [89]). However, the combination above fails to specifically teach the features of the reading unit including a plurality of photoelectric image sensors arrayed in a direction that is perpendicular to the document conveyance direction, use the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction: and use the streak to identify a document region. However, this is well known in the art as evidenced by Hirayama. Similar to the primary reference, Hirayama discloses scanning an image when dirt creates a streak (same field of endeavor or reasonably pertinent to the problem). Hirayama discloses the reading unit including a plurality of photoelectric image sensors arrayed in a direction that is perpendicular to the document conveyance direction (e.g. the system contains several sensors that are perpendicular to the conveyance direction in order to acquire an image, which is taught in ¶ [66].). [0066] The reading section 20 disposed on the downstream of the second document detection section 32 in the transport path 10 includes an upper reading sensor 20A disposed on the upper unit 4 and a lower reading sensor 20B disposed on the lower unit 3. The upper reading sensor 20A reads an upper surface of the document P0 and outputs a result RS of the reading on the upper surface. The lower reading sensor 20B reads a lower surface of the document P0 and outputs a result RS of the reading on the lower surface. As the upper reading sensor 20A and the lower reading sensor 20B, a contact image sensor module (CISM) or the like may be used. The reading section 20 reads at least one of an image on the upper surface of the document P0 and an image on the lower surface of the document P0. The reading section 20 will be described hereinafter in detail. use the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction (e.g. the reference data is used to obtain an image that includes a vertical streak that is within a document and background area. The presence of dirt on the reference portion can create a streak in the document region and background region. The streak extends in a conveying direction. This is taught in ¶ [80]-[82] and [92].); and [0080] FIG. 5 is a graph schematically illustrating an example of first reading data Ri and second reading data Li on the reading reference surface 22a. The first reading data Ri is reference data obtained by reading the reference plate 22 in a process of fabricating the scanner 1A, that is, before product shipping, in a state in which dirt is not attached to the transmissive plate 21. When receiving an instruction for generating the first reading data Ri from the operation panel 7, the controller 40 causes the reading section 20 to read the reference plate 22 so as to obtain the first reading data Ri from the reading section 20 and cause the storage section 43 to store the first reading data Ri. The second reading data Li is obtained by reading the reference plate in a usage environment of a user, that is, after product shipping, in a state in which dirt may be attached to the transmissive plate 21, and is so-called data for shading correction. In FIG. 5, an axis of abscissae denotes pixels, and a first pixel is located in a left end and n-th pixel is located in a right end. When a short side of an A4-size document is read in 600 dpi, for example, n is 5100. Note that it is not necessarily the case that the first pixel and the n-th pixel are located in the both ends of the line sensor 25. The n number of pixels is preferably a value taking a little margin into consideration for a document size. In FIG. 5, an axis of ordinates indicates reading values of the pixels, that is, light receiving intensity. [0081] When the scanner 1A is used, a foreign matter, such as a fingerprint, paper dust, pencil dust, correction fluid, glue, and condensation, may be attached to the reading reference surface 22a of the transmissive plate 21. When such a foreign matter adheres to the reading reference surface 22a, an error occurs in a reading result. Similarly, even when the reading reference surface 22a has a scratch, an error occurs in a reading result. [0082] When dirt including an adhering substance, such as dust, and a scratch is attached to the transmissive plate 21, significant points Yl to Y4, for example, appear in the second reading data Li. The first reading data Ri serving as the reference data does not include any significant point. Accordingly, as a basic concept, when a difference between the reading data Ri and the reading data Li exceeds a set threshold value Shi (i=1 to n) in a pixel Xi (i=1 to n) illustrated in FIG. 6, the pixel Xi is determined as a dirt position P1. It is assumed that, in this concrete example, the difference is denoted by an absolute value equal to or larger than 0, and the threshold value Shi is a positive value. Each of the difference and the threshold value Shi may clearly be a positive value or a negative value. [0092] In this concrete example, when the vertical line L1 is generated in a portion separate from the document portion outward in the read image, a position of the vertical line L1 is not determined as an extraction position but the document region A1 is extracted using a boundary B1 positioned between the document portion and the background portion. In the document region extraction process, an edge candidate position P2 is temporarily not determined as an extraction position when the edge candidate position P2 matches the dirt position P1 in the pixel column direction D2, whereas the edge candidate position P2 is determined as an extraction position when the edge candidate position P2 does not match the dirt position P1 in the pixel column direction D2. Accordingly, the background region A2 out of the document region A1 is appropriately removed. [0096] In the case C2, a vertical line L1 is inside a document portion. When an edge candidate position P2 is searched for leftward from the right side DA1d, a first edge candidate position P2 is determined as an edge position since the first edge candidate position P2 does not match a dirt position P1. Consequently, the document region A1 is extracted using a portion between the document portion and a background portion as a boundary B1. [0097] In the case C3, a right edge of a vertical line L1 matches a right edge of a document portion. When an edge candidate position P2 is searched for leftward from the right side DA1d, a first edge candidate position P2 is determined as an edge position since a second edge candidate position is not detected until an intermediate position of the read image although the first edge candidate position P2 matches a dirt position P1. Consequently, the document region A1 is extracted using a portion between the document portion and a background portion as a boundary B1. use the streak to identify a document region (e.g. the streak is used to identify a document portion or region to be extracted separate from the background, which is taught in ¶ [92], [96] and [97] above.). Therefore, in view of Hirayama, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the reading unit including a plurality of photoelectric image sensors arrayed in a direction that is perpendicular to the document conveyance direction, use the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction: and use the streak to identify a document region, incorporated in the device of Yoshizawa, as modified by Sodeura, in order to determine a document region from a background region when dirt is present, which can diminish the effect of dirt on the overall image (as stated in Hirayama ¶ [28]). Re claim 11: Yoshizawa discloses an image reading method for an image reading device including a light source that emits light (e.g. an image scanner contains a light source to emit light onto a reference panel or document, which is taught in ¶ [21] above.), a reference portion for shading correction (e.g. the reference panel is used to acquire white and black reference data in order to use this data for shading correction, which is taught in ¶ [30] and [35] above.), and a reading unit that reads a document and outputs read data (e.g. an image is scanned, stored for processing and is output, which is taught in ¶ [31] and [32] above.), the reference portion positioned to face the light source such that when a document is not present between the light source and the reference portion, light emitted by the light source is incident on the reference portion (e.g. the reference panel is used to acquire white and black reference data in order to use this data for shading correction, which is taught in ¶ [30] and [35]. The invention shows in figure 1 that a reference portion that faces a light source when a document is not present, which is taught in ¶ [21].) wherein a particular one of first black reference data and first white reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on (e.g. the invention discloses acquiring white reference data after reading a reference portion by the scanner with the light source turned on. Since potentially could mean may or may not in the future, this is considered as not having dirt impact the black reference data. The black reference data is explained in ¶ [30] above.). However, Yoshizawa fails to specifically teach the features of the particular reference data being affected by dirt. However, this is well known in the art as evidenced by Sodeura. Similar to the primary reference, Sodeura discloses shading correction performed using a reference tape (same field of endeavor or reasonably pertinent to the problem). Sodeura discloses the particular reference data being affected by dirt (e.g. the invention discloses having dirt or dust on the reference portion, which is taught in ¶ [73] above.). Therefore, in view of Sodeura, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the particular reference data being affected by dirt, incorporated in the device of Yoshizawa, in order to detect and correct for potentially impacted reference position by dirt which can prevent stripes and image defects from being output as the image (as stated in Sodeura ¶ [89]). However, the combination above fails to specifically teach the features of using the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction: and using the streak to identify a document region. However, this is well known in the art as evidenced by Hirayama. Similar to the primary reference, Hirayama discloses scanning an image when dirt creates a streak (same field of endeavor or reasonably pertinent to the problem). Hirayama discloses using the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction (e.g. the reference data is used to obtain an image that includes a vertical streak that is within a document and background area. The presence of dirt on the reference portion can create a streak in the document region and background region. The streak extends in a conveying direction. This is taught in ¶ [80]-[82] and [92] above.); and using the streak to identify a document region (e.g. the streak is used to identify a document portion or region to be extracted separate from the background, which is taught in ¶ [92], [96] and [97] above.). Therefore, in view of Hirayama, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of using the particular reference data to obtain an image that includes a document region and a background region, wherein the presence of dirt on the reference portion results in a streak in the document region, the streak extending in the document conveyance direction: and using the streak to identify a document region, incorporated in the device of Yoshizawa, as modified by Sodeura, in order to determine a document region from a background region when dirt is present, which can diminish the effect of dirt on the overall image (as stated in Hirayama ¶ [28]). Re claim 12: Yoshizawa discloses an image reading device comprising: a light source (interpretation: The light source 31 is, for example, an LED, a fluorescent lamp, or the like. The light source 31 emits light. Specifically, the light source 31 irradiates the facing reading unit with light, which is taught in ¶ [23]. This interpretation and its equivalents are utilized for this claim term hereinafter in the Office Action.) configured to emit light (e.g. an image scanner contains a light source to emit light onto a reference panel or document, which is taught in ¶ [21].); [0021] The image scanner 30 has a light source 31, lens array 32, and image sensor 33. The light emitted from the light source 31 passes through the platen glass 61 and illuminates the white reference panel 62 or the document S conveyed over the platen glass 61. The light reflected from the white reference panel 62 or the document S is incident to the image sensor 33 through the lens array 32. a reference portion for shading correction (e.g. the reference panel is used to acquire white and black reference data in order to use this data for shading correction, which is taught in ¶ [30] and [35].); [0030] The controller 70 acquires the white reference data by driving the light source 31 to illuminate the white reference panel 62, and detecting the reflection with the image sensor 33. The controller 70 acquires the black reference data by acquiring the detection result from the image sensor 33 when the light source 31 is off. The black reference data and white reference data preferably indicate the read results of all sensor chips arrayed on the X-axis, but if speed is more important than precision, the photoelectric conversion elements may be sampled to capture the read results from a subset of the photoelectric conversion elements. [0035] The shading corrector 51 in this embodiment uses the black reference data acquired before acquiring scanning data, and black reference data acquired after capturing the scanning data, to apply shading correction to the scanning data resulting from scanning a document S. This process is described in further detail below. Note that the image processor 50 may also apply image processes other than shading correction, such as gamma correction, line correction, and skew correction, after shading correction by the shading corrector 51. a reading unit (interpretation: The reading unit 32 reads the document M and outputs the read data. The reading unit 32 may read an image of one line in the scanning direction D2. The reading unit 32 may output the read data including a plurality of pixels arranged in the scanning direction D2. The reading unit 32 may include a plurality of image sensors arranged in the scanning direction D2. The plurality of image sensors may be modularized. The reading unit 32 is, for example, a contact type image sensor. Specifically, the reading unit 32 is a CMOS image sensor. the reading unit 32 photoelectrically converts received light. The reading unit 32 outputs an output value corresponding to the amount of received light. The output value obtained when the reading unit 32 reads the white document M is larger than the output value obtained when the black reference portion 33 is read. The output value is converted into a luminance value by A/D conversion. The reading unit 32 may be a monochrome sensor or a color sensor. The reading unit 32 may be configured to read the document M in full color, which is taught in ¶ [24] and []25]. This interpretation and its equivalents are utilized for this claim term hereinafter in the Office Action.) configured to read a document and output read data (e.g. an image is scanned, stored for processing and is output, which is taught in ¶ [31] and [32].); and [0031] The scanning data storage 42 stores the scanning data read from the document S. When storing scanning data, the scanning data storage 42 is configured to overwrite the scanning data that was previously stored with the new scanning data. The controller 70 stores the scanning data captured from the document S when the light source 31 is on in the scanning data storage 42 without correcting shading. [0032] The image processor 50 applies various image processes to the scanning data to generate an output image, and includes a shading corrector 51. The image processor 50 in this example is a dedicated ASIC (Application Specific Integrated Circuit) for image processing. The image processor 50 may obviously be configured with a CPU, or by using both a CPU and ASIC. a control unit, wherein a particular one of first black reference data and first white reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on (e.g. the invention discloses acquiring white reference data after reading a reference portion by the scanner with the light source turned on. Since potentially could mean may or may not in the future, this is considered as not having dirt impact the black reference data. The black reference data is explained in ¶ [30] above.) and the control unit (interpretation: The image reading device 11 includes a control unit 37. The control unit 37 comprehensively controls driving of each mechanism in the image reading device 11 and controls various operations executed in the image reading device 11. The control unit 37 can be configured as a circuit including α: one or more processors that execute various processing according to a computer program, β: one or more dedicated hardware circuits that execute at least part of the various processing, and γ: a combination thereof. The hardware circuit is, for example, an application-specific integrated circuit. The processor includes a CPU and a memory such as a RAM and ROM, and the memory stores program codes or instructions configured to cause the CPU to execute processing. The memory or a computer-readable medium includes any readable medium that can be accessed by a general purpose or special purpose computer, which is taught in ¶ [31] This interpretation and its equivalents are utilized for this claim term hereinafter in the Office Action.) sets an end of a document region based on a first result obtained by executing shading correction based on a difference between the read data and the first black reference data and a difference between the first white reference data and the first black reference data (e.g. the invention discloses executing a shading correction based on a difference between two variables that are divided by a difference between black reference data from white reference data, which is taught in ¶ [42]-[54].). [0042] FIG. 3 illustrates the relationship between the timing of reference data acquisition and the scanning data acquisition period in a first embodiment of the invention. [0043] At first acquisition time ti. the controller 70 acquires, as first reference data, first black reference data and first white reference data, and immediately starts conveying and scanning a document S. The controller 70 then pauses conveying and scanning the document S at second acquisition time t2 when time ΔT0 (ΔT0 t2−t1) has past after starting conveying and scanning the document S. The controller 70 acquires scanning data during time ΔT0. At second acquisition time t2 while conveying and scanning the document S is paused, the controller 70 acquires second black reference data as second reference data. [0044] After acquiring the second reference data, the controller 70 resumes conveying and scanning the document S, and pauses conveying and scanning the document S at third acquisition time t3 after acquiring scanning data for time AT0. The scanning data acquired during this time AT0 is referred below to as second scanning data. At third acquisition time t3 while conveying and scanning the document S is paused, the controller 70 acquires third black reference data as third reference data. [0045] The controller 70 then continues these steps of acquiring reference data and scanning data until scanning the document S is completed. [0046] When calculating the black reference data in the acquisition period of the first scanning data read between first acquisition time t1 and second acquisition time t2, the first acquisition time ti and second acquisition time t2 are equivalent to the first time point and second time point in the accompanying claims. The second acquisition time t2 and third acquisition time t3 are equivalent to the first time point and second time point in the accompanying claims when calculating the black reference data in the acquisition period of the second scanning data read between second acquisition time t2 and third acquisition time t3. [0047] In other words, the first time point of the invention is not limited to the first acquisition time ti in this embodiment, and may be any acquisition time (N−1) where N is an integer value of N≥2. The second time point is also not limited to second acquisition time t2 in this embodiment, and may be any acquisition time N. More specifically, the first time point and second time point of the invention are a time before acquisition of scanning data for which black reference data is calculated, and a time after scanning data is acquired. [0048] FIG. 4 to FIG. 6 are graphs showing examples of acquired and calculated reference data values, and scanning data acquisition values. In these graphs the signal level is shown on the Y-axis, and X coordinates are on the X-axis. In FIG. 4, Bs [1] [x] indicates the acquisition values for the first black reference data, and Ws [1] [x] indicates the acquisition values for the first white reference data, where [x] indicates a pixel number of the multiple sensor chips arrayed on the X-axis direction. [0049] FIG. 5 shows scanning data acquisition values i [y] [x], and calculated black reference data values b [y] [x], where [y] represents the pixel line scanned by conveyance of the document S in the +Y direction. [0050] FIG. 6 shows the second black reference data acquisition values Bs [2] [x]. [0051] As will be understood from FIG. 4 and FIG. 6, the black reference data acquisition values vary. To cancel the effects of this variation in black reference data on the output image, the shading corrector 51 uses, as the black reference data used in shading correction, the black reference data calculated based on the black reference data values acquired before and after the scanning data acquisition period. [0052] The shading correction equation is described next. The scanning data output value Out [y] [x] is calculated using equation (1) below. Note that Out [y] [x] is a value normalized by 1. PNG media_image1.png 56 392 media_image1.png Greyscale [0053] As shown in equation (1), the output value of the scanning data can be calculated by dividing the difference of the acquired scanning data value minus the black reference data by the difference of the white reference data minus the black reference data. [0054] As described above, because the output value of the scanning data is calculated assuming the level of the difference of the white reference data minus the black reference data does not change, the difference of the white reference data minus the black reference data w[y] [x]-[y] [x] is constant. Therefore, the output value of the scanning data is calculated as shown in equation (2). PNG media_image2.png 40 404 media_image2.png Greyscale However, Yoshizawa fails to specifically teach the features of the particular reference data being affected by dirt. However, this is well known in the art as evidenced by Sodeura. Similar to the primary reference, Sodeura discloses shading correction performed using a reference tape (same field of endeavor or reasonably pertinent to the problem). Sodeura discloses the particular reference data being affected by dirt (e.g. the invention discloses having dirt or dust on the reference portion that causes for correction of reference data based on the dust, which is taught in ¶ [73].). [0073] Next, the LEDs 52 are turned ON at the usual intensity of the light, i.e., so that the intensity of the light is at 100% (step 304). Then, in a state where the intensity of the light of the LEDs 52 is at 100% (first reading condition), reading of the white reference tape 64 by the CIS 50 is conducted, white reference shading data (first reading data: called 100% shading data SHD 100) are acquired (step 305), and the acquired 100% shading data SHD 100 are stored in the RAM 203 (step 306). Next, the LEDs 52 are turned ON at half the intensity of the light, i.e., so that the intensity of the light is at 50% (step 307). Then, in a state where the intensity of the light of the LEDs 52 is at 50% (second reading condition), reading of the white reference tape 64 by the CIS 50 is again conducted, white reference shading data (second reading data: called 50% shading data SHD 50 below) are acquired (step 308), and the acquired 50% shading data SHD 50 are stored in the RAM 203 (step 309). In the present embodiment, because the CIS 50 is fixed with respect to the white reference tape 64 during reading, the 100% shading data SHD 100 and the 50% shading data SHD 50 are acquired by reading the same position of the white reference tape 64. Also, the acquisition of the 100% shading data SHD 100 and the acquisition of the 50% shading data SHD 50 are the same with respect to the reading time (measurement time) by the line sensor 54. Moreover, the detection of dust/dirt-adherent sites (pixels) in the white reference tape 64 is conducted using the 100% shading data SHD 100 and the 50% shading data SHD 50 stored in the RAM 203 (step 310). Then, correction (complementation) of data is conducted in regard to pixels of the 100% shading data SHD 100 stored in the RAM 203 determined to be dust/dirt-adherent sites (step 311), the corrected data are stored as the white reference shading data of the CIS 50 in the shading memory 221 disposed in the C integrated circuit 210 of the second image processing circuit 200 (step 312), and the series of processing ends. Therefore, in view of Sodeura, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the particular reference data being affected by dirt, incorporated in the device of Yoshizawa, in order to detect and correct for potentially impacted reference position by dirt which can prevent stripes and image defects from being output as the image (as stated in Sodeura ¶ [89]). However, the combination above fails to specifically teach the features of the control unit cuts out the document region from the first result, in which a dirt region is included in a background region in a second result from a dirt region included in the document region in the first result. However, this is well known in the art as evidenced by Hirayama. Similar to the primary reference, Hirayama discloses scanning an image when dirt creates a streak (same field of endeavor or reasonably pertinent to the problem). Hirayama discloses control unit cuts out the document region from the first result, in which a dirt region is included in a background region in a second result from a dirt region included in the document region in the first result (e.g. the invention discloses a vertical streak on a page. If the vertical streak is detected on a page, the page with the streak is extracted separate from the background with the streak. This is taught in ¶ [88] and [96].). [0088] FIG. 7 is a diagram schematically illustrating a state in which the reading section 20 reads the document P0. [0089] The reading section 20 reads the document P0 that is transported in the relative movement direction D1 along the transport path 10. The reading section 20 successively outputs results RS of the reading performed on the document P0 to the RAM 38. The individual reading results RS are read data having reading values of R, G, and B in a plurality of pixels PX1 included in a pixel column PXL in the pixel column direction D2. Here, R indicates red, G indicates green, and B indicates blue. Although not particularly limited, resolutions of the reading results RS are in a range from 300 dpi to 600 dpi, for example. The reading results RS are successively stored in the RAM 38, and as a result, read image data DA1 is generated in the RAM 38. Although not particularly limited, resolution of the read image data DA1 in the relative movement direction D1 is in a range from 300 dpi to 600 dpi, for example. [0096] In the case C2, a vertical line L1 is inside a document portion. When an edge candidate position P2 is searched for leftward from the right side DA1d, a first edge candidate position P2 is determined as an edge position since the first edge candidate position P2 does not match a dirt position P1. Consequently, the document region A1 is extracted using a portion between the document portion and a background portion as a boundary B1. Therefore, in view of Hirayama, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of control unit cuts out the document region from the first result, in which a dirt region is included in a background region in a second result from a dirt region included in the document region in the first result, incorporated in the device of Yoshizawa, as modified by Sodeura, in order to determine a document region from a background region when dirt is present, which can diminish the effect of dirt on the overall image (as stated in Hirayama ¶ [28]). Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizawa, as modified by Sodeura and Hirayama, as applied to claim 1 above, and further in view of Maehara (JP Pub 4239302 B2 (Pub date: 3/18/2009)). Re claim 5: Yoshizawa discloses the image reading device according to claim 1, wherein the reference portion is white (e.g. the reference portion is white, which is taught in ¶ [21].), [0021] The image scanner 30 has a light source 31, lens array 32, and image sensor 33. The light emitted from the light source 31 passes through the platen glass 61 and illuminates the white reference panel 62 or the document S conveyed over the platen glass 61. The light reflected from the white reference panel 62 or the document S is incident to the image sensor 33 through the lens array 32. the first white reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on (e.g. the invention discloses a white reference data that is acquired by the scanner with the light source turned on, which is taught in ¶ [59] above.), the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned off and that is not affected by dirt (e.g. a first black reference data is acquired by reading a reference portion with the light source turned off. This reference data is not impacted by the dirt, which is taught in ¶ [59] above.), second white reference data is data not affected by dirt (e.g. the invention discloses a second white reference being acquired and this is not impacted by dirt, which is taught in ¶ [78] and [79].), and [0077] If the image reading device 1 determines that scanning one sheet of the document S has ended (S26: Yes), the image reading device 1 turns the light source 31 off and acquires black reference data N, and stores the acquired black reference data N in the reference data storage 41 (S27). [0078] The image reading device 1 then immediately turns the light source 31 on, acquires white reference data N, and stores the acquired white reference data N in the reference data storage 41 (S28). In other words, the image reading device 1 acquires the black reference data N and white reference data N substantially simultaneously. Note that N is an integer value of N≥2. Steps S27 and S28 are examples of a second acquisition step of the invention. [0079] Using the black reference data N, white reference data N, black reference data (N−1), and white reference data (N−1) stored in the reference data storage 41, the image reading device 1 then calculates, based on equations (3) and (4) above, the black reference data and white reference data in the acquisition period of the scanning data (S29). This step S29 is an example of a calculation step of the invention. [0080] Next, using the calculated black reference data and white reference data, the image reading device 1 applies shading correction based on equation (1) above, applies image processes other than shading correction as appropriate, and generates an output image (S30). This step S30 is an example of a generation step of the invention. the control unit cuts out the document region from a second result obtained by executing shading correction based on the difference between the read data and the first black reference data and a difference between the second white reference data and the first black reference data (e.g. the second white reference data is calculated after a period of time with another sheet of paper or reference portion is scanned. The new calculated white reference data is used in the shading correction, which is taught in ¶ [78]-[80] above.). However, Yoshizawa fails to specifically teach the features of that is affected by dirt. However, this is well known in the art as evidenced by Sodeura. Similar to the primary reference, Sodeura discloses shading correction performed using a reference tape (same field of endeavor or reasonably pertinent to the problem). Sodeura discloses that is affected by dirt (e.g. the invention discloses having dirt or dust on the reference portion, which is taught in ¶ [73] above.). Therefore, in view of Sodeura, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of that is affected by dirt, incorporated in the device of Yoshizawa, in order to detect and correct for potentially impacted reference position by dirt which can prevent stripes and image defects from being output as the image (as stated in Sodeura ¶ [89]). However, the combination above fails to specifically teach the features of the first white reference data being the particular reference data that is affected by dirt; the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt. However, this is well known in the art as evidenced by Maehara. Similar to the primary reference, Maehara discloses a white and black reference images used in the processing of images (same field of endeavor or reasonably pertinent to the problem). Maehara discloses the first white reference data being the particular reference data that is affected by dirt (e.g. the system discloses a white reference data that can be updated and stored within memory that can be impacted by dust, which is taught in ¶ [56] and [74].); [0056] However, as shown in the example of the reference position H1 in FIG. 4, when dust or dirt appears on the reference position of the white reference plate 13, the change in the white reference data shown in the diagram in FIG. As shown in the figure below, the level change amount corresponding to the reference position H1 exceeds the threshold value TH1. Here, the CPU 106 functions as a reference data reacquisition unit. That is, when there are one or more pixels having a level change amount exceeding the threshold TH1 in the white reference data, the CPU 106 uses the pixel position as the threshold over-pixel position as the storage means EE-ROM 113. Are recorded together with the read reference position H1, and the process proceeds to retry processing (step S6). Before performing the retry process, the CPU 106 confirms whether or not the position is pre-recorded on the EE-ROM 113 as a defective pixel due to the sensitivity drop of a specific pixel that occurs due to the manufacture of the image sensor 4 (step S5). [0074] In the conventional technique, as described with reference to FIGS. 23 and 24, when the white reference plate 13 is affected by dust, dirt, etc. in addition to the shading distortion, the reference data is taken lower than the actual value, resulting in an excessive amount. Although correction has been performed, it can be seen that in the present embodiment, as shown in FIG. 6, only the shading distortion can be corrected accurately while avoiding dust / dirt positions. Further, regarding the output reduction due to the defective pixel due to the sensitivity drop of the specific pixel of the image sensor 4, as shown in FIG. 7, the level is raised by the shading coefficient as a part of the shading distortion, and is corrected to the normal output level. the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt (e.g. the invention discloses obtaining white reference data that is stored in advance for shading correction, which is taught in¶ [70] and [71].). [0070] The shading correction circuit 103b functions as a calculation unit. That is, the reference data is written in advance in the white reference memory 107 and the black reference memory 108 in the shading correction circuit 103b by the above-described initial processing, and during the image reading operation of the document 1, the VCLK signal is supplied. The corresponding reference data is read according to the pixel position of the image data output in synchronization. [0071] First, the black reference data is subtracted from the white reference data corresponding to the pixel position of the image data read by the first subtractor 109. Similarly, the image data read from the document 1 is input to the second subtracter 110 and the black reference data component included in the image data is subtracted. Further, this data is multiplied by the correction coefficient k1 given from the CPU 106 by the multiplier 111. As the correction coefficient k1, a coefficient for correcting the difference between the reflectance of the document 1 and the reflectance of the white reference plate 13 is selected so as not to read the background of the document 1. If there is no difference between the two, k1 = 1. Therefore, in view of Maehara, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the first white reference data being the particular reference data that is affected by dirt; the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt, incorporated in the device of Yoshizawa, as modified by Sodeura and Hirayama, in order to deal with dirt on the reference plate, which can improve the accuracy of reading a document even with the presence of dirt or dust (as stated in Maehara ¶ [35]). Re claim 6: Yoshizawa discloses the image reading device according to claim 5, wherein upon receiving an instruction to read the document, the control unit generates the first white reference data and the first black reference data (e.g. after the user selects the scanning instruction, the system determines the first black and white reference data, which is taught in ¶ [58]-[60] above.). Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizawa, as modified by Sodeura and Hirayama, as applied to claim 1 above, and further in view of Futami (US Pub 2008/0137107), Honda (US Pub 2020/0106892) and Maehara. Re claim 2: Yoshizawa discloses the image reading device according to claim 1, wherein the first white reference data is data not affected by dirt (e.g. the white reference data is not impacted by dirt when the reference portion is scanned, which the white reference is taught in ¶ [30] and [35] above.), second black reference data being data not affected by dirt (e.g. a second reference data is detected using the reference portion, which is taught in ¶ [30] and [35] above.), and [0029] The reference data storage 41 stores reference data used as reference values for shading correction. Black reference data and white reference data are stored as the reference data in this example. When storing reference data, the reference data storage 41 is configured to overwrite the previously stored reference data with the new reference data. the control unit cuts out the document region from a second result obtained by executing shading correction based on a difference between the read data and the second black reference data and a difference between the first white reference data and the second black reference data (e.g. using the calculated new black reference data, the new or second black reference data is used to be subtracted from the scanned data and is used to be subtracted from a white reference data, which is taught in ¶ [61]-[64].). [0061] If the image reading device 1 determines time ΔT0 has past since conveying and scanning the document S started (S06: Yes), it pauses conveying and scanning the document S (S07), turns the light source 31 off and acquires black reference data N, and stores the acquired black reference data N in the reference data storage 41 (S08). Note that N is an integer value of N≥2. Step S08 is an example of a second acquisition step of the invention. [0062] Using the black reference data N and black reference data (N−1) stored in the reference data storage 41, the image reading device 1 then calculates, based on equation (3) above, the black reference data in the acquisition period of scanning data (N−1) (509). This step S09 is an example of a calculation step of the invention. Next, using the calculated black reference data, the image reading device 1 applies shading correction based on equation (2) above, applies image processes other than shading correction as appropriate, and generates an output image (S10). This step S10 is an example of a generation step of the invention. [0063] The image reading device 1 outputs the generated output image to the host device 100 (S11), and determines if document S scanning is completed (S12). The image reading device 1 determines document S scanning is completed when the detection result from the document sensor 21 changes from Document Detected to No Document. The image reading device 1 ends the scanning process when it determines that document S scanning has ended (S12: Yes), and returns to S04 if it determines document S scanning has not ended (S12: No), S04. [0064] As described above, the image reading device 1 according to this embodiment calculates black reference data in the acquisition period of first scanning data using the black reference data acquired at a first acquisition time t1 and at a second acquisition time t2, and applies shading correction using the calculated black reference data to the first scanning data acquired during time ΔT0 between the first acquisition time t1 and second acquisition time t2. By thus using calculated black reference data, change in the signal level of the black reference data between first acquisition time t1 and second acquisition time t2 can be absorbed, and its effect on the output image can be reduced. However, Yoshizawa fails to specifically teach the features of the reference portion is black, the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on, and the first black reference data being the particular reference data that is affected by dirt. However, this is well known in the art as evidenced by Futami. Similar to the primary reference, Futami discloses a black reference portion for shading correction (same field of endeavor or reasonably pertinent to the problem). Futami discloses the reference portion is black (e.g. a black reference portion is disclosed, which is taught in ¶ [57]-[59] and [65].), [0057] As shown in FIG. 8b, when the achromatic constant-density reference member 520 is gray colored, the value of image data varies extremely at positions where white dust in a color brighter than the gray color is present and varies extremely at positions where chromatic dust in a color darker than the gray color is present. Accordingly, the presence of such dust is detracted. [0058] Though not shown, when the achromatic constant-density reference member 520 is black colored, the value of image data varies extremely at positions where white dust in a color brighter than the black color is present and varies extremely at positions where chromatic dust in a color brighter than the black color is present. Accordingly, the presence of such dust is detected. [0059] In such a manner, using the achromatic constant-density reference member 520, white dust, such as paper dust, which could not be distinguished from a white color of the white reference member 510 can be reliably detected without a cumbersome control, such as changing the illumination intensity by a lamp. [0065] Incidentally, regarding the achromatic constant-density reference member 520, the achromatic constant density may be in a gray color or in a black color, which can be arbitrarily determined. It is possible to easily detect white dusty by making the achromatic constant-density to be black, while not only white dust but also high-density chromatic dust can be easily detected by making the achromatic constant-density to be in a color between a white color and black color. the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source, and the first black reference data being the particular reference data that is affected by dirt (e.g. the black reference data is acquired from reading a black reference portion that is impacted by dirt, which is taught in ¶ [57]-[59] and [65] above.). Therefore, in view of Futami, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the reference portion is black, the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source, and the first black reference data being the particular reference data that is affected by dirt, incorporated in the device of Yoshizawa, as modified by Sodeura, in order to contain a black reference portion that includes dust or dirt that is detected, which allows for easier detection of dust on a black reference portion (as stated in Futami ¶ [11]). However, the combination above fails to specifically teach the feature of the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on. However, this is well known in the art as evidenced by Honda. Similar to the primary reference, Honda discloses detecting black reference data (same field of endeavor or reasonably pertinent to the problem). Honda discloses the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on (e.g. the first black reference data can be obtained by reading a reference portion using a turned-on light, which is taught in ¶ [61]-[63].). [0032] When the background plate 43 is at the evacuation position, a partial space 42 within the lid 40 facing the transparent member 52 is illuminated by the light source 32. In the state where the lid 40 is closed, the inside of the space 42 is dark, illuminated by little natural light. Although space is not considered an object, objects that substantially form the boundary of the space 42, that is, inner walls and a ceiling that define the space 42 within the lid 40 are collectively referred to as the space 42. The space 42 has a color darker than gray, and therefore the color of the space 42 may be said to be substantially black. Accordingly, in the state where the background plate 43 is at the evacuation position, the color of the background facing the transparent member 52 is black. In contrast, in the state where the background plate 43 is at a position facing the transparent member 52, the color of the background facing the transparent member 52 is gray. [0061] The determination method in step S320 will be described. [0062] Read data obtained in step S310 by causing the reading section 31 to read the first background in the state where the light source 32 is turned on is referred to as light-on black read data. Read data obtained in step S310 by causing the reading section 31 to read the first background in the state where the light source 32 is turned off is referred to as light-off black read data. Both the light-on black read data and the light -off black read data are obtained by the image processing section 21 that receives output from the AFE 20. The dirt detection section 15 subtracts, for each pixel position X, the light-off black read data from the light-on black read data. The read data generated in such a way by subtracting the light-off black read data from the light-on black read data (hereinafter this read data being referred to as black read data) corresponds to a specific example of “first read data”. [0063] The timing at which the threshold setting process is performed differs from the timing at which the dirt detection process is performed. Therefore, in reality, it is difficult to consider that “light-on black reference data”, “light-off black reference data” and “black reference data” perfectly match “light-on black read data”, “light-off black read data ” and “black read data”, respectively. However, it may be safely interpreted that the relationship among “light-on black read data”, “light-off black read data”, and “black read data” is approximately the same as the relationship among “light-on black reference data”, “light-off black reference data”, and “black reference data” as illustrated in FIG. 4A. Therefore, in view of Honda, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned on, incorporated in the device of Yoshizawa, as modified by Sodeura and Futami, in order to detect a black reference data using a turned-on light source, which allows for the detection of any dirt of any density (as stated in Honda ¶ [80]). However, the combination above fails to specifically teach the features of the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data. However, this is well known in the art as evidenced by Maehara. Similar to the primary reference, Maehara discloses a white and black reference images used in the processing of images (same field of endeavor or reasonably pertinent to the problem). Maehara discloses the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data (e.g. the invention discloses obtaining white reference data that is stored in advance for shading correction, which is taught in¶ [70] and [71] above.). [0070] The shading correction circuit 103b functions as a calculation unit. That is, the reference data is written in advance in the white reference memory 107 and the black reference memory 108 in the shading correction circuit 103b by the above-described initial processing, and during the image reading operation of the document 1, the VCLK signal is supplied. The corresponding reference data is read according to the pixel position of the image data output in synchronization. [0071] First, the black reference data is subtracted from the white reference data corresponding to the pixel position of the image data read by the first subtractor 109. Similarly, the image data read from the document 1 is input to the second subtracter 110 and the black reference data component included in the image data is subtracted. Further, this data is multiplied by the correction coefficient k1 given from the CPU 106 by the multiplier 111. As the correction coefficient k1, a coefficient for correcting the difference between the reflectance of the document 1 and the reflectance of the white reference plate 13 is selected so as not to read the background of the document 1. If there is no difference between the two, k1 = 1. Therefore, in view of Maehara, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, incorporated in the device of Yoshizawa, as modified by Sodeura and Hirayama, in order to deal with dirt on the reference plate, which can improve the accuracy of reading a document even with the presence of dirt or dust (as stated in Maehara ¶ [35]). Re claim 3: Yoshizawa discloses the image reading device according to claim 2, wherein upon receiving an instruction to read the document, the control unit generates the first black reference data and the second black reference data (e.g. as seen in figure 7, the user can command the start of a scanning process. The system can then acquire a first and second black reference data in steps s02 and s08, which is taught in ¶ [56]-61].). [0056] FIG. 7 is a flow chart showing the flow of the scanning process of image reading device 1. The image reading device 1 starts the scanning process in response to a user command. The user command may be issued through an operating panel not shown of the image reading device 1, or using the host device 100, for example. When the scanning process starts, the image reading device 1 executes an initialization process (S01). The initialization process includes determining based on the detection result from the paper feed sensor 22 whether or not the document S was conveyed to the indexing position. [0057] If the image reading device 1 determines the document S was not conveyed to the indexing position, the image reading device 1 determines based on the detection result from the document sensor 21 whether or not a document S was introduced to the conveyance path 5. [0058] The image reading device 1 reports an error if it determines a document S was not introduced to the conveyance path 5, and conveys the document S to the indexing position if it determines a document S was introduced to the conveyance path 5. As part of the initialization process, the image reading device 1 also sets the time when the light source 31 turns on. [0059] When the initialization process ends, the image reading device 1 turns the light source 31 off, acquires the first black reference data, and stores the acquired first black reference data in the reference data storage 41 (S02). The image reading device 1 then immediately turns the light source 31 on, acquires the first white reference data, and stores the acquired first white reference data in the reference data storage 41 (S03). These steps S02 and S03 are examples of the first acquisition step of the invention. [0060] The image reading device 1 then starts conveying and scanning the document S (S04). The image reading device 1 acquires scanning data as it reads the document S, and stores the acquired scanning data in the scanning data storage 42 (S05). This step S05 is an example of a first scanning step of the invention. The image reading device 1 then determines if time ΔT0 has past since conveying and scanning the document S started (S06), and if time ΔT0 has not past (S06: No), returns to S04. [0061] If the image reading device 1 determines time ΔT0 has past since conveying and scanning the document S started (S06: Yes), it pauses conveying and scanning the document S (S07), turns the light source 31 off and acquires black reference data N, and stores the acquired black reference data N in the reference data storage 41 (S08). Note that N is an integer value of N≥2. Step S08 is an example of a second acquisition step of the invention. Re claim 4: Yoshizawa discloses the image reading device according to claim 2, wherein the control unit generates the second black reference data by turning off the light source and causing the reading unit to read the reference portion (e.g. the second reference black data is acquired by turning off the light to acquire the reference information, which is taught in ¶ [61] above.). Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizawa, as modified by Sodeura and Hirayama, as applied to claim 1 above, and further in view of Sasaki (JP Pub 2016-225903 (Pub date: 12/28/2016)) and Maehara. Re claim 7: Yoshizawa discloses the image reading device according to claim 1, wherein the first black reference data is data that is obtained by reading the reference portion by the reading unit with the light source turned off and that is not affected by dirt (e.g. a first black reference data is acquired by reading a reference portion with the light source turned off. This reference data is not impacted by the dirt, which is taught in ¶ [59] above.), second white reference data is data not affected by dirt (e.g. the invention discloses a second white reference being acquired and this is not impacted by dirt, which is taught in ¶ [78] and [79] above.), and the control unit cuts out the document region from a second result obtained by executing shading correction based on the difference between the read data and the first black reference data and a difference between the second white reference data and the first black reference data (e.g. the second white reference data is calculated after a period of time with another sheet of paper or reference portion is scanned. The new calculated white reference data is used in the shading correction, which is taught in ¶ [78]-[80] above.). However, Yoshizawa fails to specifically teach the features of a color of the reference portion is gray, the first white reference data is data obtained by multiplying, by a ratio between white and the color of the reference portion, data that is obtained by reading the reference portion by the reading unit with the light source turned on and that is potentially affected by dirt. However, this is well known in the art as evidenced by Sasaki. Similar to the primary reference, Sasaki discloses determining dust on a color reference portion (same field of endeavor or reasonably pertinent to the problem). Sasaki discloses a color of the reference portion is gray (e.g. a gray color reference is disclosed, which is taught in ¶ [26].), [0026] The first reading unit 31 and the second reading unit 32 include, for example, a light source 33 that is configured by an LED, a fluorescent lamp, or the like and emits light, and an image sensor 34 that converts the received light into an electrical signal and outputs data. I have. Further, the first reading unit 31 and the second reading unit 32 include a color reference unit 35 of, for example, gray which is a color other than white and black. the first white reference data is data obtained by multiplying, by a ratio between white and the color of the reference portion, data that is obtained by reading the reference portion by the reading unit with the light source turned on and that is affected by dirt (e.g. the invention discloses determining the reference data by multiplying a ratio of white data to colored data, which is taught in ¶ [49]. The light source is turned on while scanning the color reference portion that can be impacted by dust, which is taught in ¶ [31].). [0031] As shown in FIG. 4, the control unit 19 includes a conveyance control unit 41 that controls the conveyance unit 17 and a reading control unit 42 that controls the reading unit 18. The reading control unit 42 includes a processing unit 43 that smoothes colored data and white data, and an acquisition unit 44 that acquires white reference data. Furthermore, the reading control unit 42 is based on the dust detection unit 45 that detects dust attached to the colored reference unit 35, the estimation unit 46 that estimates the luminance value L output from the image sensor 34, and data based on the white reference data. And a correction unit 47 for correcting the above. [0049] In step S207, the control unit 19 causes the acquisition unit 44 to acquire white reference data based on the colored smooth data, white smooth data, and color reference smooth data (white reference acquisition step). That is, the acquisition unit 44 acquires white reference data by multiplying the ratio of white smooth data to colored smooth data by the color reference smooth data. Therefore, in view of Sasaki, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of a color of the reference portion is gray, the first white reference data is data obtained by multiplying, by a ratio between white and the color of the reference portion, data that is obtained by reading the reference portion by the reading unit with the light source turned on and that is potentially affected by dirt, incorporated in the device of Yoshizawa, in order to acquire white reference data using a ratio between variables, which by smoothing color reference data based on the dust detection that can improve the reliability of the white reference data detection (as stated in Sasaki ¶ [57]). However, the combination above fails to specifically teach the features of the first white reference data being the particular reference data that is affected by dirt; the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt. However, this is well known in the art as evidenced by Maehara. Similar to the primary reference, Maehara discloses a white and black reference images used in the processing of images (same field of endeavor or reasonably pertinent to the problem). Maehara discloses the first white reference data being the particular reference data that is affected by dirt (e.g. the system discloses a white reference data that can be updated and stored within memory that can be impacted by dust, which is taught in ¶ [56] and [74] above.); the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt (e.g. the invention discloses obtaining white reference data that is stored in advance for shading correction, which is taught in¶ [70] and [71] above.). Therefore, in view of Maehara, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of the first white reference data being the particular reference data that is affected by dirt; the using of the particular reference data to obtain an image further based on a difference between second white reference data and second black reference data, the second white reference data being data not affected by dirt, incorporated in the device of Yoshizawa, as modified by Sodeura and Hirayama, in order to deal with dirt on the reference plate, which can improve the accuracy of reading a document even with the presence of dirt or dust (as stated in Maehara ¶ [35]). Re claim 8: Yoshizawa discloses the image reading device according to claim 7, wherein upon receiving an instruction to read the document, the control unit generates the first white reference data and the first black reference data (e.g. after the user selects the scanning instruction, the system determines the first black and white reference data, which is taught in ¶ [58]-[60] above.). Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizawa, as modified by Sodeura, Hirayama and Maehara, as applied to claim 5 above, and further in view of Nishigo (US Pub 2021/0400166). Re claim 9: However, Yoshizawa fails to specifically teach the features of the image reading device according to claim 5, further comprising a storage unit storing the second white reference data generated during manufacturing of the image reading device, the storage unit comprising a Random Access Memory (RAM) or a Read Only Memory (ROM) or both. However, this is well known in the art as evidenced by Nishigo. Similar to the primary reference, Nishigo discloses performing shading correction (same field of endeavor or reasonably pertinent to the problem). Nishigo discloses further comprising a storage unit storing the second white reference data generated during manufacturing of the image reading device (e.g. the invention discloses storing white reference data that is associated with the white reference portion stored within a scanning device during the manufacturing process, which is taught in ¶ [52]. The storage can be a ROM, which is taught in ¶ [91].). [0051] The white correction circuit 205 will be described in more detail. [0052] In the white correction process, the original shading data as the result of previously reading the clean fixed white plate in the manufacturing process of the reading module 5 (also referred to as the first white reference data or the first white data) is first stored in a memory. Then, the fixed white plate attached to the reading module 5 (i.e., the reading device) is read immediately before the document reading to obtain the result thereof (also referred to as the second white reference data or the second white data). Then, white correction is performed based on the comparison between the second white reference data and the first white reference data. The above-described times of reading the fixed white plate are illustrative, and thus are not limited to during the manufacturing process and immediately before the document reading. The first white reference data may be obtained at a time other than during the manufacturing process, as long as the first white reference data is read from the clean fixed white plate. Further, the second white reference data may be obtained at a time other than immediately before the document reading, as long as the time of obtaining the second white reference data is different from the time of obtaining the first white reference data. [0091] Further, the corresponding programs may be provided as recorded on a computer readable recording medium such as a compact disc (CD)-ROM or a flexible disk (FD) in an installable or executable file format. Further, the programs may be provided as recorded on a computer readable recording medium such as a CD-recordable (CD-R), a digital versatile disc (DVD), a Blu-ray disc (registered trademark), or a semiconductor memory. Further, the programs may be provided as installed in the reading device via a network such as the Internet, or may be provided as previously stored in a memory of the reading device such as a ROM. Therefore, in view of Nishigo, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to have the feature of further comprising a storage unit storing the second white reference data generated during manufacturing of the image reading device, incorporated in the device of Yoshizawa, as modified by Sodeura, in order to have white reference data stored during manufacturing, which improves correction of the phase of white reference data (as stated in Nishigo ¶ [53]). Re claim 10: Yoshizawa discloses the image reading device according to claim 9, wherein the control unit corrects the second white reference data stored in the storage unit before executing shading correction (e.g. the stored white reference data is corrected while stored in memory before performing shading correction, which is taught in ¶ [77]-[80] above.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aoki discloses shading correction. 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 CHAD S DICKERSON whose telephone number is (571)270-1351. The examiner can normally be reached Monday-Friday 10AM-6PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached at 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHAD DICKERSON/ Primary Examiner, Art Unit 2683
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Prosecution Timeline

Feb 26, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §103, §112
Mar 25, 2026
Response Filed
Apr 22, 2026
Final Rejection mailed — §103, §112
Jun 30, 2026
Applicant Interview (Telephonic)
Jun 30, 2026
Examiner Interview Summary

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