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 .
Claim Objections
Claims 3, 5 are objected to because of the following informalities:
Claims 3, 14, 19 discloses “the first local group”, “the second local group” which lacks antecedent basis.
Claim 5 has two periods at the end of claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because Claim 17 is drawn to functional descriptive material recorded on a readable medium. Normally, the claim would be statutory. However, the specification, at paragraph 154, defines or exemplifies the claimed storage medium as encompassing storage medium, etc, and possibly non-statutory subject matter such as a “signal”, carrier waves.
“A transitory, propagating signal … is not a “process, machine, manufacture, or composition of matter.” Those four categories define the explicit scope and reach of subject matter patentable under 35 U.S.C. § 101; thus, such a signal cannot be patentable subject matter.” (In re Nuijten, 84 USPQ2d 1495 (Fed. Cir. 2007)).
Because the full scope of the claim as properly read in light of the disclosure appears to encompass non-statutory subject matter (i.e., because the specification defines/exemplifies a computer readable medium as a non-statutory signal, carrier waver, etc.) the claim as a whole is non-statutory. Any amendment to the claim should be commensurate with its corresponding disclosure.
Examiner suggest “At least one non-transitory computer readable medium”
Claims 18-20 are rejected based on dependency to claim 17.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 10-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-9, 11-13, 16-17, 19-20 of copending Application No. 18607122 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1
Claim 1 of ‘122
1. A system comprising:
at least one physical memory device to store compensation logic; and
one or more processors coupled with the at least one physical memory device to execute the compensation logic to:
1. A system comprising:
at least one physical memory device to store compensation logic; and
one or more processors coupled with the at least one physical memory device to execute the compensation logic to:
generate first and second sets of transfer functions to compensate for a non-functioning pel forming element, wherein each set of transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
generate first and second sets of inverse transfer functions to compensate for a non-functioning pel forming element, wherein each set of inverse transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups.
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups
Regarding claim 2
Claim 3 of ‘122
The system of claim 1, wherein generating the first and the second sets of transfer functions comprises generating the first set of transfer functions based on first ink deposition functions and third ink deposition functions and generating the second set of transfer functions based on second ink deposition functions and the third ink deposition functions;
wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
3. The system of claim 1, wherein generating the first and the second sets of inverse transfer functions comprises generating the first set of inverse transfer functions based on first ink deposition functions and third ink deposition functions and generating the second set of inverse transfer functions based on second ink deposition functions and the third ink deposition functions;
wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
Regarding claim 3
Claim 4 of ‘122
3. The system of claim 1, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
4. The system of claim 1, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
Regarding claim 4
Claim 5 of ‘122
4. The system of claim 2, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
5. The system of claim 3, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
Regarding claim 5
Claim 6 of ‘122
5. The system of claim 4, wherein generating the first, second and third ink deposition functions further comprises combining the first, second and third Gaussian shaped ink deposition profiles..
6. The system of claim 5, wherein generating the first, second and third ink deposition functions further comprises combining the first, second and third Gaussian shaped ink deposition profiles.
Regarding claim 6
Claim 7 of ‘122
6. The system of claim 1, wherein an ink deposition function further comprises a function of a pel forming element position and input digital count.
7. The system of claim 1, wherein an ink deposition function further comprises a function of a pel forming element position and input digital count.
Regarding claim 7
Claim 8 of ‘122
7. The system of claim 3, wherein the compensation logic applies the first and second sets of transfer functions to generate fourth ink deposition functions, verifies whether a difference between the fourth ink deposition functions and large-scale ink deposition functions is within a predetermined threshold and validates an acceptable compensation upon determining that the difference is within the predetermined threshold.
8. The system of claim 4, wherein the compensation logic applies the first and second sets of inverse transfer functions to generate fourth ink deposition functions, verifies whether a difference between the fourth ink deposition functions and large-scale ink deposition functions is within a predetermined threshold and validates an acceptable compensation upon determining that the difference is within the predetermined threshold.
Regarding claim 8
Claim 9 of ‘122
8. The system of claim 1, further comprising a print engine comprising a plurality of pel forming elements.
9. The system of claim 1, further comprising a print engine comprising a plurality of pel forming elements.
Regarding claim 10
Claim 11 of ‘122
10. The system of claim 1, wherein each corresponding group has no functioning pel forming element in common.
11. The system of claim 1, wherein each corresponding group has no functioning pel forming element in common.
Regarding claim 11
Claim 12 of ‘122
11. The system of claim 1, wherein each set of transfer functions is generated based on weighted contributions to the joint target response.
12. The system of claim 1, wherein each set of inverse transfer functions is generated based on weighted contributions to the joint target response.
Regarding claim 12
Claim 13 of ‘122
12. A method comprising generating first and second sets of transfer functions to compensate for a non-functioning pel forming element,
13. A method comprising:
generating first and second sets of inverse transfer functions to compensate for a non-functioning pel forming element,
wherein each set of transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
wherein each set of inverse transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups.
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups
Regarding claim 13
claim 15 of ‘122
13. The method of claim 12, wherein generating the first and the second sets of transfer functions comprises generating the first set of transfer functions based on first ink deposition functions and third ink deposition functions and generating the second set of transfer functions based on second ink deposition functions and the third ink deposition functions;
15. The method of claim 13, wherein generating the first and the second sets of inverse transfer functions comprises generating the first set of inverse transfer functions based on first ink deposition functions and third ink deposition functions and generating the second set of inverse transfer functions based on second ink deposition functions and the third ink deposition functions;
wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
Regarding claim 14
Claim 16 of ‘122
14. The method of claim 12, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
16. The method of claim 13, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
Regarding claim 15
Claim 5 of ‘122
15. The method of claim 13, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
5. The system of claim 3, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
Regarding claim 16
Claim 6 of ‘122
16. The method of claim 15, wherein generating the first, second and third ink deposition functions further comprises combining the first, second and third Gaussian shaped ink deposition profiles.
6. The system of claim 5, wherein generating the first, second and third ink deposition functions further comprises combining the first, second and third Gaussian shaped ink deposition profiles.
Regarding claim 17
Claim 17 of ‘122
17. At least one computer readable medium having instructions stored thereon, which when executed by one or more processors, cause the processors to generate first and second sets of transfer functions to compensate for a non-functioning pel forming element,
17. At least one computer readable medium having instructions stored thereon, which when executed by one or more processors, cause the processors to:
generate first and second sets of inverse transfer functions to compensate for a non-functioning pel forming element,
wherein each set of transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
wherein each set of inverse transfer functions is generated for a corresponding group of functioning pel forming elements based on ink deposition functions associated with the corresponding group and a joint target response;
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups.
wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups
Regarding claim 18
Claim 19 of ‘122
18. The computer readable medium of claim 17, wherein generating the first and the second sets of transfer functions comprises generating the first set of transfer functions based on first ink deposition functions and third ink deposition functions, and generating the second set of transfer functions based on second ink deposition functions and the third ink deposition functions; wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
19. The computer readable medium of claim 17, wherein generating the first and the second sets of inverse transfer functions comprises generating the first set of inverse transfer functions based on first ink deposition functions and third ink deposition functions and generating the second set of inverse transfer functions based on second ink deposition functions and the third ink deposition functions; wherein the first ink deposition functions correspond to a first local group of pel forming elements including first functioning pel forming elements, the second ink deposition functions correspond to a second local group of pel forming elements including second functioning pel forming elements, and the third ink deposition functions correspond to the joint target response.
Regarding claim 19
Claim 20 of ‘122
19. The computer readable medium of claim 17, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
20. The computer readable medium of claim 17, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements.
Regarding claim 20
Claim 5 of ‘122
20. The computer readable medium of claim 18, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
5. The system of claim 3, wherein generating the first, second and third ink deposition functions comprises generating a first Gaussian shaped ink deposition profile associated with the first local group, generating a second Gaussian shaped ink deposition profile associated with the second local group of pel forming elements and generating a third Gaussian shaped ink deposition profile associated with the joint target response.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3, 6, 8-12, 14, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20050259296 to Faken in view of US 20200274991 to Stanich.
Regarding claim 1, Faken discloses a system comprising:
at least one physical memory device to store compensation logic (paragraph [0031], [0049] ; Processing unit 24; computer program stored in memory (RAM, ROM, etc.)); and
one or more processors coupled with the at least one physical memory device to execute the compensation logic to (paragraph [0031], [0049] ; Processing unit 24 executes logic for compensation):
generate first and second sets of transfer functions to compensate for a non-functioning pel forming element (paragraph [0035], [0044]–[0046], Locating defective print elements; modifying image information via error propagation schemes (first/second transfer functions) to compensate defect elements), wherein each set of transfer functions is generated for a corresponding group of functioning pel forming elements (paragraph [0033], [0035], [0038]; Camouflage area includes adjacent (functioning) pixels/lines elements; modified schemes (transfer functions for each group) based on ink deposition functions associated with the corresponding group ([0032], [0036], [0039] | Redistribution of error/ink (weight factors, thresholds) from the functioning adjacent elements (corresponding group) to achieve target image response); wherein the non-functioning pel forming element is located between functioning pel forming elements of the corresponding groups (paragraph [0033], [0035], [0038] Defective pixel/line such as non-printing pixels 34 between adjacent (functioning) pixel/line groups such as printing pixels 36/38).
However Faken does not disclose ink deposition functions associated with a joint target response.
Stanich discloses ink deposition functions associated with a joint target response (paragraph 63, 67; ink deposition function associated with target response corresponding to contributors of 5 nozzles at position).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Faken as taught by Stanich to provide ink deposition functions corresponding to target response.
The motivation to combine the references is to provide uniform compensation for variations in nozzles that takes into consideration contribution from nearby nozzles by generating calibrated system based on target response function (paragraph 2, 4, 68-69).
Regarding claim 3, Faken discloses the system of claim 1, wherein the functioning pel forming elements in the first local group comprise first functioning pel forming elements adjacent to the non-functioning pel forming element (paragraph 35; functioning pixels elements 38 (first local group) comprise printing pixels (first functioning pel forming elements) adjacent non-printing pixels 34) and the pel forming elements in the second local group comprise second functioning pel forming elements adjacent to the first functioning pel forming elements (paragraph 35; printing pixels 36 (second local group) comprise functioning pixels adjacent printing pixels 38 (first functioning pel forming elements)).
Regarding claim 6, Stanich discloses the system of claim 1, wherein an ink deposition function further comprises a function of a pel forming element position and input digital count (paragraph 55, 67; ink deposition function is function input digital count and position x).
Regarding claim 8, Stanich discloses the system of claim 1, further comprising a print engine comprising a plurality of pel forming elements (paragraph 23; printer 160 includes plurality of pel elements 165).
Regarding claim 9, Faken discloses the system of claim 1, wherein transfer functions transform input digital counts (paragraph 44; input grey values is transformed into output bitmap via error propagation scheme (transfer function)), and Stanich discloses the ink deposition functions represent output ink amount versus input digital count (paragraph 50; ink deposition function input digital count and output “ink deposition level”).
Regarding claim 10, Faken discloses the system of claim 1, wherein each corresponding group has no functioning pel forming element in common (paragraph 35; Fig. 3 shows first group of functioning (Printable) pixels 38, second group of functioning (Printable) pixels 40 with no pixels in common).
Regarding claim 11, Stanich discloses the system of claim 1, wherein each set of transfer functions is generated based on weighted contributions to the joint target response (paragraph 2, 67-68; transform functions based on target response; target response is based on weighted contribution of K1, K2, …).
Regarding claim 12, see rejection of claim 1.
Regarding claim 14, see rejection of claim 3.
Regarding claim 17, see rejection of claim 1. Further Faken discloses at least one computer readable medium having instructions stored thereon, which when executed by one or more processors, cause the processors (paragraph 49; processor 24 executing programs stored in storage medium).
Regarding claim 19, see rejection of claim 3.
Other Prior Art Cited
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230283736 to Stanich.
US 20210339522 to Shibata.
US 20250292046 to Stanich.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENIYAM MENBERU whose telephone number is (571) 272-7465. The examiner can normally be reached on Monday-Friday, 10:00am-6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Akwasi Sarpong can be reached on (571) 270-3438. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Patent Examiner
Beniyam Menberu
/BENIYAM MENBERU/Primary Examiner, Art Unit 2681
03/21/2026