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 Amendment
The amendment filed March 6, 2026 has been entered. The amended claims have overcome the rejection under 35 U.S.C. 112(b). Claims 1-11 are pending.
Response to Arguments
Applicant's arguments filed March 6, 2026 have been fully considered.
Regarding the applicant’s argument that neither Vries, Brydges, or Klassen disclose or suggest performing raster-measurements as specified by amended claim 1 (page 8, paragraph 4 of Remarks), the examiner respectfully disagrees. Klassen does disclose raster measurements: paragraph [0090] discloses a raster input scanner is used to capture an image of an original document and converts the image to a series of raster scans before measuring the primary color densities "at each point" of the original document. The examiner is interpreting the limitation "measured in a raster at a plurality of measuring points" of the current application's amended claim 1 to be the raster scans taught in Klassen.
By definition, a plurality of raster scans make up a raster. A raster-style scan is one of the two most common types of graphics printers (as evidenced by the attached reference “Vector & Raster Graphics in Offset Printing” on page 1, paragraph 1). Rasters are made up of individual color pixels, so an advantage to a raster scan is the amount of color information they can store without becoming too large (page 2, paragraph 1 of “Vector & Raster Graphics in Offset Printing”), making them ideal for complex colors or details. Therefore, a person of ordinary skill in the art would find it obvious to use the raster measurements taught in Klassen to measure color densities as it enables more details to be measured.
Regarding applicant’s argument that the prior art of record does not teach point-by-point color density calculation, the arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Noffke (US20080297861A1) in view of Vries (US20070079717A1), Klassen (US20070002344A1), Yamamoto (US20030011798A1), and ISO ("ICMS(TM) zero Zertifizierung", 13 September 2019 (2019-09-13), XP055780828, "ISO 5-3; 2009 Photography and graphic technology - Density measurements - Part 3: Spectral conditions = Photographie et technologie graphique - Mesurages de la densité - Partie 3: Conditions spectrales", ISO Standard, December 1, 2009, pp. 1-41, Vol. 5-3, Switzerland), as evidenced by Vector & Raster Graphics in Offset Printing (https://olypress.com/vector-vs-raster-graphics-in-printing/).
Regarding claim 1, Noffke teaches a method for spectral colour density measurement in colour printing (Fig. 17 discloses the steps to measure color density as performed by the spectral and spatial measurement apparatus. The examiner is interpreting this to be essentially a method),
using a spatially resolved spectral measurement system (paragraph [0048] describes spatially calibrating spectral measurements), at a plurality of measurement points (paragraph [0051] discloses measurements done at a plurality of pixels),
in which at least one colour measuring field, is printed with at least one printing ink using a colour printer (paragraph [0006] discloses multiple patches of a color bar being printed on a substrate),
in which the spectrally resolved reflectance for at least one colour measurement field is measured (paragraphs [0091] and [0092] discloses reflectance measurements being done) with the spatially resolved spectral measurement system (paragraph [0002]) at a large number of measurement points (paragraph [0051] discloses measurements done at a plurality of pixels),
with a resolution of at least 30 dpi (paragraph [0083]),
in which the colour density for the printing ink is calculated for each measuring point (606, Fig. 17; paragraph [0053]; paragraph [0051] discloses measurements done at a plurality of pixels).
Noffke fails to teach a spectrally resolved reference reflectance is measured for an unprinted substrate,
- wherein, the at least one colour measuring field is measured in a raster at a plurality of measuring points,
- wherein in printing direction an equal number of measuring points is measured, and
- wherein at least 80% of the area of the at least one colour measurement field is measured, and
the color density being calculated for each measuring point from the spectral distribution of the measured reflectance, the measured reference reflectance and a spectral weight function representing the printing ink.
However, in the same field of endeavor of spectral color measurement, Vries teaches a method (paragraph [0007]) which takes spectral measurements of an unprinted substrate to serve as a reference value (paragraph [0012]).
Vries discloses that this reference measurement enables calibration of the measurement device, which allows a device to be used over a longer time period without cleaning or replacement compared to an uncalibrated device (paragraph [0012]). Thus, it would be obvious for a person of ordinary skill in the art prior to the effective filing date to combine the color density measurement at a plurality of points of Noffke with the reference spectral measurement of an unprinted substrate as taught in Vries in order to prolong the use of a device.
Noffke as modified by Vries fails to teach
- wherein, the at least one colour measuring field is measured in a raster at a plurality of measuring points,
- wherein in printing direction an equal number of measuring points is measured, and
- wherein at least 80% of the area of the at least one colour measurement field is measured, and
the color density being calculated for each measuring point from the spectral distribution of the measured reflectance, the measured reference reflectance and a spectral weight function representing the printing ink.
However, in the same field of endeavor of measuring color printer fields, Klassen discloses performing measurements of a color field in a raster at a plurality of points (paragraph [0090] discloses a series of raster scans at each point of a document. The examiner is interpreting the limitation "measured in a raster at a plurality of measuring points" of the current application's amended claim 1 to be the raster scans taught in Klassen).
A raster-style scan is one of the two most common types of graphics printers (as evidenced by the attached reference “Vector & Raster Graphics in Offset Printing” on page 1, paragraph 1). Rasters are made up of individual color pixels, so an advantage to a raster scan is the amount of color information they can store without becoming too large (page 2, paragraph 1 of “Vector & Raster Graphics in Offset Printing”), making them ideal for complex colors or details. Thus, a person of ordinary skill in the art would find it obvious prior to the effective filing date to combine the method of measurement taught in Noffke as modified by Vries with the raster measurements taught in Klassen to perform measurements in a more detailed manner.
Noffke as modified by Vries and Klassen fails to teach
- wherein in printing direction an equal number of measuring points is measured, and
- wherein at least 80% of the area of the at least one colour measurement field is measured, and
the color density being calculated for each measuring point from the spectral distribution of the measured reflectance, the measured reference reflectance and a spectral weight function representing the printing ink.
However, in the same field of endeavor color density measurement, Yamamoto teaches a method of performing color density measurement of an equal number of measurement points in a printing direction (paragraph [0031] discloses each color patch is a grid consisting of MxN pixels. This grid inherently has an equal number of measurement points, see Fig. 9. Paragraph [0031] also discloses measurement is done at each pixel in a first and second direction. It is the position of the examiner that at least one of these directions would align with the printing direction). Yamamoto further discloses measuring at least 80% of the color measurement field (paragraph [0027] discloses the color path as well as the surrounding area is measured. This would be 100% of the color measurement patch).
Yamamoto discloses that both the grid measurement method and measuring at least 80% of the measurement field both enable detection of a patch position to be fast and accurately, which leads to a faster spatial measurement (paragraphs [0031], [0033]). Noffke as modified by Vries and Klassen rely on a method which correlates spatial measurements with spectral measurements to find a spatially resolved spectral measurement (Noffke: paragraph [0048]). The method of Yamamoto which speeds up position detection would therefore speed up the method of Noffke as modified by Vries and Klassen. Thus, it would be obvious for a person of ordinary skill in the art to combine the method of Noffke as modified by Vries and Klassen with the method of Yamamoto in order to speed up measurement while maintaining accuracy.
Noffke as modified by Vries, Klassen and Yamamoto fails to teach the color density being calculated for each measuring point from the spectral distribution of the measured reflectance, the measured reference reflectance and a spectral weight function representing the printing ink.
However, in the same field of endeavor of optical density measurements from spectral data, ISO teaches a method of finding color density from reference reflectance (used as calibration, page 21, section C.1), measured reflect and a spectral weighting function (page vi, paragraph 2).
The methods taught in ISO serve as a worldwide standard for the art (page v, paragraph 1), which would imply the methods taught are encouraged to be used. A person of ordinary skill in the art would be well-aware of the standards used to measure color density, and have the ability to apply the methods with success. Noffke as modified by Vries, Klassen and Yamamoto measure color density (Noffke: Fig. 17; Klassen: paragraph [0090]; Yamamoto: paragraph [0031]). A person of ordinary skill in the art would be able to use the well-known methods of ISO and apply it to the method of Noffke as modified by Vries, Klassen, and Yamamoto to find a color density measurement, as the methods taught in ISO serve as a standard for the art. Thus, it would be obvious for a person of ordinary skill in the art to combine the method of Noffke as modified by Vries, Klassen and Yamamoto with the color density measurement method taught in ISO as the method serves as a standard for the art.
Regarding claim 2, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 1, and further teaches in which the at least one colour measuring field is measured in a raster at a plurality measuring points (Klassen: paragraph [0090]) with a resolution of at least 70 dpi (Noffke: paragraph [0083]).
As explained above in claim 1, a person of ordinary skill in the art would find it obvious prior to the effective filing date to combine the method of measurement taught in Noffke as modified by Vries, Klassen, Yamamoto and ISO with the raster measurements taught in Klassen to perform measurements in a more detailed manner.
Regarding claim 3, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 1, and further teaches in which at least 90%, of the area of the at least one colour measurement field is measured (Yamamoto: paragraph [0027] discloses the color path as well as the surrounding area is measured. This would be 100% of the color measurement patch).
As explained above in claim 1, it would be obvious for a person of ordinary skill in the art to combine the method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the method of Yamamoto in order to speed up measurement while maintaining accuracy.
Regarding claim 4, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 1, and further teaches in which the colour densities are averaged for at least two measuring points of each colour measuring field (Klassen: paragraph [0096] discloses averaging over many measurement points).
Klassen discloses that the averaging method reduces the impact of unwanted noise in a measurement (paragraph [0096]). Thus, a person of ordinary skill in the art would find it obvious to combine the color density measurement method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the averaging method taught in Klassen in order to reduce the impact of unwanted noise in a measurement.
Regarding claim 7, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 3, and further teaches at least 95% of the area of the at least one colour measurement field is measured (Yamamoto: paragraph [0027] discloses the color path as well as the surrounding area is measured. This would be 100% of the color measurement patch).
As explained above in claim 1, it would be obvious for a person of ordinary skill in the art to combine the method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the method of Yamamoto in order to speed up measurement while maintaining accuracy.
Regarding claim 8, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 4, and further teaches the colour densities are averaged for a plurality of measuring points of each colour measuring field (Klassen: paragraph [0096] discloses averaging over many measurement points).
As disclosed above in claim 1, a person of ordinary skill in the art would find it obvious to combine the color density measurement method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the averaging method taught in Klassen in order to reduce the impact of unwanted noise in a measurement.
Regarding claim 9, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 4, and further teaches the colour densities are averaged for all measuring points of each colour measuring field (Yamamoto: paragraphs [0130]-[0132] disclose finding an average measurement over all pixels in a data sequence).
Averaging over multiple measurement points reduces the impact of unwanted noise in a measurement (Klassen: paragraph [0096]). Averaging over all measurement points would lead to the greatest noise reduction possible. Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the averaging method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the averaging over all measurement points as taught in Yamamoto to achieve the greatest noise reduction possible.
Claims 5, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Noffke (US20080297861A1) in view of Vries (US20070079717A1), Klassen (US20070002344A1), Yamamoto (US20030011798A1), and ISO ("ICMS(TM) zero Zertifizierung", 13 September 2019 (2019-09-13), XP055780828, "ISO 5-3; 2009 Photography and graphic technology - Density measurements - Part 3: Spectral conditions = Photographie et technologie graphique - Mesurages de la densité - Partie 3: Conditions spectrales", ISO Standard, December 1, 2009, pp. 1-41, Vol. 5-3, Switzerland) as evidenced by Vector & Raster Graphics in Offset Printing (https://olypress.com/vector-vs-raster-graphics-in-printing/) as applied to claim 1 above, and further in view of Billow (US20180022112A1).
Regarding claim 5, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 1, but fails to teach a group of ink nozzles of a print head of the colour printer is assigned to each measuring point of the raster-shaped spectral colour density measurement of the at least one colour measuring field, and in which the group of ink nozzles comprises at most 10 ink nozzles.
However, in the same field of endeavor of color printer print heads, Billow teaches a print head (12, Fig. 2) with a group of ink nozzles (18, Fig. 2) where each measurement point in a raster-shaped measurement as at most 10 ink nozzles (paragraph [0032] discloses that each pixel may be given two ink nozzles).
Billow teaches that by assigning each pixel more than one ink nozzle, it ensures that a faulty nozzle will be compensated for when printing, preventing printing failure (paragraph [0032]). Thus, it would be obvious for a person of ordinary skill in the art prior to the effective filing date to combine the method of printing and measuring color patches taught in Noffke as modified by Vries, Klassen, Yamamoto and ISO with the ink nozzle grouping taught in Billow in order to prevent printing failure of the color patches.
Regarding claim 10, Noffke in view of Vries, Klassen, Yamamoto, ISO and Billow teaches the invention as explained above in claim 5, and further teaches the group of ink nozzles comprises at most 5 ink nozzles (Billow: paragraph [0032] discloses that each pixel may be given two ink nozzles).
As discussed above in claim 5, it would be obvious for a person of ordinary skill in the art prior to the effective filing date to combine the method of printing and measuring color patches taught in Noffke as modified by Vries, Klassen, Yamamoto and ISO with the ink nozzle grouping taught in Billow in order to prevent printing failure of the color patches.
Regarding claim 11, Noffke in view of Vries, Klassen, Yamamoto and ISO teaches the invention as explained above in claim 1, and further teaches the raster-shaped spectral colour density measurement of the at least one colour measuring field (Klassen: paragraph [0090]).
As explained above in claim 1, a person of ordinary skill in the art would find it obvious prior to the effective filing date to combine the method of measurement taught in Noffke as modified by Vries, Klassen, Yamamoto and ISO with the raster measurements taught in Klassen to perform measurements in a more detailed manner.
Noffke as modified by Vries, Klassen, Yamamoto and ISO fails to teach one ink nozzle of a print head of the colour printer is assigned to each measuring point.
However, Billow discloses a method where each measurement point (pixel) is given one ink nozzle (paragraphs [0043] and [0044] disclose an alternative method where multiple passes are made to compensate for faulty nozzles instead of assigning multiple nozzles to one pixel).
Billow discloses some printers operate too fast to allow for other nozzles to compensate for defective ones (paragraph [0045]). Billow also discloses that this method of printing (one ink nozzle, but multiple passes) enables compensation regardless of the printing speed (paragraph [0045]). Thus, a person of ordinary skill in the art would find it obvious to combine the method of printing and measuring color patches taught in Noffke as modified by Vries, Klassen, Yamamoto and ISO with the one ink nozzle per measuring point method taught in Billow in order to compensate for faulty ink nozzles regardless of printing speed.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Noffke (US20080297861A1) in view of Vries (US20070079717A1), Klassen (US20070002344A1), Yamamoto (US20030011798A1), and ISO ("ICMS(TM) zero Zertifizierung", 13 September 2019 (2019-09-13), XP055780828, "ISO 5-3; 2009 Photography and graphic technology - Density measurements - Part 3: Spectral conditions = Photographie et technologie graphique - Mesurages de la densité - Partie 3: Conditions spectrales", ISO Standard, December 1, 2009, pp. 1-41, Vol. 5-3, Switzerland) as evidenced by Vector & Raster Graphics in Offset Printing (https://olypress.com/vector-vs-raster-graphics-in-printing/) as applied to claim 2 above, and further in view of Engler (US20090256087A1).
Regarding claim 6, Noffke in view of Vries, Klassen, Yamamoto and ISO teaches the invention as explained above in claim 2, but fails to teach the at least one color measuring field is measured with a resolution of at least 90 dpi.
However, in the same field of endeavor of spectral measurement systems for printing devices, Engler teaches spectral measurements performed at a resolution above 200 dpi (paragraph [0010]).
Engler discloses that a higher resolution leads to a more comprehensive measurement scanning (paragraph [0010]). Thus, it would be obvious for a person of ordinary skill in the art prior to the effective filing date to combine the measurement method of Noffke as modified by Vries, Klassen, Yamamoto and ISO with the dpi resolution taught in Engler in order to have a more comprehensive measurement scan.
Conclusion
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 Alexandria Mendoza whose telephone number is (571)272-5282. The examiner can normally be reached Mon - Thur 11:00-8:00 ET.
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, Michelle Iacoletti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDRIA MENDOZA/Examiner, Art Unit 2877
/Michael A Lyons/Primary Examiner, Art Unit 2877
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