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 06/12/2026 was entered. Claims 1-17 are pending with claims 1, 16, 17 being the only independent claims. Claims 1, 2, 16, and 17 were amended and no new matter was added by the amendments.
Independent claims 1, 16, and 17 were amended to recite that the photometric apparatus includes a light receiving sensor and that the hardware processor acquires photometric values measured by the light receiving sensor to generate a calibration coefficient for suppressing measurement error between the state in which the dimming member is inserted in the light path and the state in which the dimming member is not inserted in the light path. Support for this feature is found in paragraphs [0038] and [0049] of the specification as filed.
Response to Arguments
Applicants’ arguments with respect to claim(s) 1, 16 and 17 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
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, 2, 5, 7 – 9, 12 and 14 - 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US Pub. 2009/0116002 A1) in view of Tsurutani (US Pub. 2022/0357199 A1) and Mocnik et al. (US Pub. 2012/0229798 A1).
With regard to claim 1, Imai teaches “a photometric apparatus” (spectral radiance meter 1) including “a light receiving sensor receiving light to be measured from a display” (display 602 → light 604 → optical system 102 → dispersing element 108 → sensor 110 / photodiodes 128), Imai [0028] - [0035], (Figures 1 & 2, see elements 102, 108, 110, 128, 602 & 604).
Imai further teaches “a dimming member disposed so as to be insertable in and removable from a light path of the light to be measured from the display” (ND filter 104 inserted into or removed from the optical path of light 604 under control of control unit 122), Imai [0031], (Figure 1, see elements 104, 122 & 604).
Imai further teaches “a hardware processor that calculates a measured value by performing a calculation based on received light data derived from an output of the light receiving sensor” (photodiodes 128 generate charges Q → CCD 130 / FD amplifier 132 output sensor signals → A/D converter 112 generates pixel data D(1,i)...D(M,i) → control unit 122 / CPU 136 adds and processes the pixel data to obtain spectral radiance), Imai [0034] - [0037], [0043] - [0046], [0057] - [0062], (Figures 1, 2, 4 & 5, see elements 112, 122, 128, 130, 132 & 136).
Imai further teaches repeated sensor acquisition over plural storage periods and recognizes that averaging/repetition reduces the influence of periodic fluctuation in the measured display light, Imai [0009], [0042] - [0047], [0055] - [0061], (Figures 3 - 5).
Imai, however, does not expressly teach:
(1) “the dimming member being a thin film filter, an absorption filter, or a porous plate”;
(2) acquiring the claimed inserted-state and non-inserted-state photometric values “in order to generate a calibration coefficient for suppressing a measurement error between” those states;
(3) “at least a total of three or more photometric values measured in each of the states” for generating that calibration coefficient; and
(4) switching “at least two or more times,” including both inserted → not inserted and not inserted → inserted.
Tsurutani teaches deficiency (1) by identifying ND filters formed by depositing a metal film on glass, interference-film ND filters, and color-absorption filters (the claimed thin-film/absorption-filter alternatives), Tsurutani [0004].
Tsurutani teaches deficiency (4) by beginning with light-reducing member 520 retracted, inserting member 520 at S704, acquiring an output at S705, retracting member 520 at S706, and acquiring another output at S707 (not inserted → inserted → not inserted, thereby including both switching directions), Tsurutani [0148] - [0151], (Figure 18, see steps S704 - S707).
Tsurutani also teaches attenuation-state correction: main sensor 506 is measured with member 520 not used at S303 and with member 520 inserted at S305, followed by spectral-radiance calculation and correction processing at S309 - S311, Tsurutani [0107] - [0113], (Figure 10, see elements 506 & 520 and steps S303 - S311). (The later S307 value is an auxiliary-sensor value; Tsurutani is relied upon here for the physical state sequence and attenuation-state correction architecture, not as the sole teaching of the claimed same-sensor repeated calibration set.)
Mocnik teaches deficiencies (2) and (3) by measuring detector signals with calibrated absorber/ND filter 160 inserted or removed, acquiring detector values over multiple optical-drive levels, establishing the detector response without ND filter 160, inserting filter 160, repeating the intensity sweep and sensor recordings, and applying the same mathematical relations. Mocnik states that the resulting relationship to the known optical density “constitutes the primary photometric calibration,” Mocnik [0057], [0063] - [0066], [0085] - [0089], (Figures 1 & 2, see elements 130, 150 & 160). (Mocnik expressly obtains substantially more than three detector values in each attenuation condition; although source drive is stepped during those acquisitions, the reference demonstrates using plural detector samples in each attenuation state to derive the photometric calibration relationship.)
In view of the utility of attenuation-state calibration for improving precision and repeatability across selectable ND-filter measurement ranges, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Imai to use the thin-film/absorption attenuation structures and bidirectional insert/retract sequence taught by Tsurutani together with Mocnik’s repeated before/after-ND detector calibration, thereby predictably improving continuity and accuracy of Imai’s display-photometry measurements across attenuation states.
With regard to claim 2, for the limitations inherited from claim 1, refer to the rejection of claim 1 above. Imai further teaches processing the sensor-derived values in control unit 122 / CPU 136, Imai [0037], [0057] - [0062], (Figures 1, 4 & 5). Imai, however, does not expressly teach that the hardware processor generates the claimed calibration coefficient using the acquired photometric values.
Mocnik teaches the added limitation by using computer 150 to process the repeated before/after-ND detector values and determine the photometric calibration relationship, Mocnik [0038] - [0039], [0087] - [0089], (Figures 1 & 2, see element 150).
In view of the utility of processor-generated calibration for automatically compensating detector response across attenuation conditions, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to perform Mocnik’s calibration calculation in Imai’s existing processor, thereby predictably automating the calibration of Imai’s sensor-derived photometric values.
With regard to claims 5 and 12, for the inherited limitations, refer to the discussions of claims 1 and 9 above, respectively. Imai teaches operator input through operation unit 118 and permits the measurement time and division number M (number of repeated acquisition periods) to be selected/determined from operator-accepted measurement conditions, Imai [0040] - [0041], [0064], (Figure 1, see element 118), but does not expressly teach that the user specifies the number of dimming-member switching operations.
Tsurutani teaches the repeated insert/retract switching sequence of light-reducing member 520, Tsurutani [0148] - [0151], (Figure 18, steps S704 - S707).
In view of the utility of user-selectable repetition for balancing calibration time and repeatability, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to use Imai’s existing operator-input architecture to specify the repetition count of Tsurutani’s known attenuation-state switching sequence, thereby predictably allowing the user to select the desired calibration duration/repeatability tradeoff.
With regard to claims 7 and 14, for the inherited limitations, refer to the discussions of claims 1 and 9 above. Imai teaches pre-photometry before acquiring the main photometric values and determines a storage time such that photodiode 128 is not saturated, Imai [0049] - [0054], (Figure 4). Imai further provides display unit 116 for presenting measurement information to the user, Imai [0039] - [0041], (Figure 1, see element 116), but does not expressly teach notifying the user of “a degree of saturation.”
In view of the utility of communicating the already-determined saturation condition so the operator can understand whether attenuation or a shorter storage time is required, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to present Imai’s premeasurement-derived saturation degree on existing display unit 116, thereby predictably providing the operator with the condition already used by control unit 122 to select the measurement setting.
With regard to claims 8 and 15, for the inherited limitations, refer to the discussions of claims 1 and 9 above. Tsurutani expressly starts preliminary measurement with light-reducing member 520 retracted and begins the seventh-embodiment sequence in the non-inserted state before insertion at S704, Tsurutani [0102] - [0103], [0148] - [0150], (Figures 8 & 18). The added limitation is therefore taught by the frozen reference set.
With regard to claim 9, for the limitations of the photometric apparatus inherited from claim 1, refer to the rejection of claim 1 above. Claim 9 further requires “a device that generates the calibration coefficient by using the photometric values for generating the calibration coefficient acquired by the hardware processor of the photometric apparatus.” Imai teaches communication interface 114 connecting spectral radiance meter 1 to an external computer, Imai [0029], [0038] - [0041], (Figure 1, see element 114), but does not expressly teach that the separate device performs the claimed coefficient generation.
Mocnik teaches a separate computer 150 having processor 151 and memory 153 that receives sensor outputs, stores previous outputs, and executes mathematical algorithms including the before/after-ND photometric calibration, Mocnik [0026] - [0027], [0038] - [0039], [0087] - [0089], (Figures 1 & 2, see elements 150, 151 & 153).
In view of the utility of separating calibration computation from the measuring head for storage, processing, and reuse of calibration data, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to use Mocnik’s calibration computer as the external device already contemplated by Imai’s communication interface, thereby predictably generating the calibration coefficient from the photometric values supplied by the photometric apparatus.
With regard to claim 16, refer to the discussion of claim 1, as claim 16 recites the corresponding calibration-method implementation of the previously addressed apparatus operations and adds no materially distinct technical limitation requiring a different reference set.
With regard to claim 17, refer to the discussion of claim 1 for the previously addressed photometric and calibration operations. Claim 17 further recites a non-transitory recording medium storing a program readable by a computer. Imai teaches CPU 136 and memory 138 executing the programmed measurement flow, Imai [0041] - [0042], [0050] - [0064], (Figures 1, 4 & 5), and Mocnik expressly teaches embodiments as computer programs on computer-readable storage media executed by processors, Mocnik [0096] - [0097].
In view of the utility of storing executable calibration instructions for repeatable processor execution, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to store the previously addressed calibration operations as computer-readable instructions, such as taught by Mocnik, thereby predictably enabling the calibration method to be executed by the photometric apparatus computer.
Claim(s) 3, 6, 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US Pub. 2009/0116002 A1) in view of Tsurutani (US Pub. 2022/0357199 A1) and Mocnik et al. (US Pub. 2012/0229798 A1), as applied to the claims identified above, and further in view of Ishiguchi (JP 2004-198320 A).
With regard to claims 3 and 10, for the inherited limitations, refer to the discussions of claims 1 and 9 above, respectively. Imai teaches measurement of display light and operator-controlled measurement conditions, Imai [0028] - [0041], (Figure 1), but the frozen base set does not expressly teach, “in a case where a plurality of reference colors are provided for calibration,” changing at least one of the number of switching operations and a photometric condition “in accordance with the reference colors.”
Ishiguchi teaches reference-color/tristimulus measurement using color-matching functions x(λ), y(λ), and z(λ), measurements for different displayed colors, and coefficient determination from those color measurements, Ishiguchi English translation pp. 15, 22, 31 - 32. (The reference-color signal level and spectral distribution are therefore measurement conditions that differ with the displayed calibration color.)
In view of the utility of adapting measurement conditions to the signal level and spectral distribution of different reference colors so that the detector remains within a useful measurement range, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the Imai-Tsurutani-Mocnik calibration sequence to vary the photometric condition and, where repeated switching is used, the acquisition/switching count according to the selected reference color, such as taught by Ishiguchi, thereby predictably improving color-dependent calibration accuracy.
With regard to claims 6 and 13, for the inherited limitations, refer to the discussions of claims 1 and 9 above, respectively. Imai teaches measuring light from display 602, Imai [0028] - [0030], (Figure 1), and Tsurutani teaches insertion/retraction calibration, Tsurutani [0144] - [0153], (Figure 18), but the base set does not expressly teach acquiring the photometric values during the switching “in a state in which a reference color is set.”
Ishiguchi teaches measuring displayed reference colors and deriving tristimulus/color information and coefficients from those displayed-color sensor readings, Ishiguchi English translation pp. 15, 22, 31 - 32.
In view of the utility of calibrating the attenuation-state response under the same displayed-color condition that will be characterized, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to perform the known Imai-Tsurutani-Mocnik attenuation-state calibration while a selected reference color is displayed, such as taught by Ishiguchi, thereby predictably obtaining color-specific calibration data under the relevant measurement condition.
Claim(s) 4 and 11 /are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US Pub. 2009/0116002 A1) in view of Tsurutani (US Pub. 2022/0357199 A1) and Mocnik et al. (US Pub. 2012/0229798 A1), as applied to the claims identified above, and further in view of Togashi et al. (US Pub. 2018/0003562 A1).
With regard to claims 4 and 11, for the inherited limitations, refer to the discussions of claims 1 and 9 above, respectively. The frozen Imai-Tsurutani-Mocnik set teaches repeated photometric values in inserted and non-inserted attenuation states but does not expressly teach that the photometric value corresponding to each state is “generated from a weighted average value.”
Togashi teaches repeated colorimeter measurements, representative values determined from multiple colorimetric values, weighting values associated with measurement reliability/position and elapsed time after calibration, and express weighted-average L*, a*, and b* colorimetric values from multiple measurements, Togashi [0021], [0035] - [0043], [0048], (Figures 10 - 12).
In view of the utility of weighted averaging for reducing the influence of less reliable repeated photometric samples, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to further modify the Imai-Tsurutani-Mocnik calibration to generate each inserted-state and non-inserted-state photometric value from a weighted average, such as taught by Togashi, thereby predictably improving the reliability of the values used to generate the calibration coefficient.
Conclusion
Applicants’ 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 Djura Malevic whose telephone number is 571.272.5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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