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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/02/2024 was
being considered by the examiner.
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.
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:
A dimming member in claim 1, claims 2 – 15 by dependency, wherein the dimming member 40, various members such as a thin film filter, a glass absorption filter, and a porous plate can be used [0058].
According to applicants’ specification, the corresponding structure dimming member 40 is shown in figure 2, positioned between convex lens 11a and diffuser plate 20 and in front of aperture diaphragm 11b, together with inserting/removing device 50 configured to insert the dimming member into and remove it from the light path, including, for example, a linear actuator, and including the disclosed filter implementations (i.e., thin film filter, glass absorption filter, or porous plate), an equivalents thereof [0048], [0053]- [0055], [0058].
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 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 - 15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 1, notice how the phrase “dimming member” invokes 112(f) (See above), in addition to the dimming member being a generic placeholder, applicants’ specification does not clearly link or associate the claimed function to structure. By stating “such as” which is used to introduce an example or a series of examples, see paragraph [0036] in applicant’s specification, one might ask, “is the phrase limited to one of these listed items, or some other item that hasn’t been included but meets the function”. Claims 2 – 15 are rejected based on there dependencies.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
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 - 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US Pub. No. 20209/0116002 A1) in view of Yamamoto et al. (US Pub. No.2015/0124232 A1), Ishiguchi et al. (JP 2004198320 A) and Tsurutani (WO 2021002286 A1).
With regards to claim 1, Imai discloses a photometric apparatus 1 (i.e., the spectral radiance meter 1 mainly measures spectral radiance of light, light 604 to be measured, generated by a display 602 such as a CRT display, a plasma display, or a liquid crystal display) [0028] – [0029], (Figure 1), comprising:
a dimming member 104 disposed so as to be insertable in and removable from a light path of light 604 to be measured from a display 602 (i.e., the neutral density filter 104 or ND filter 104 is inserted or removed to/from the optical path of the light 604 to be measured under control of the control unit 122) [0031];
a hardware processor 122/136 (i.e., a controller/CPU) acquires a photometric value of the light to be measured in a state in which the dimming member 104 (i.e., filter) is inserted (i.e., and/or removed) in or from the light path [0031], [0054] – [0054], wherein the controller/CPU 122/136 calculates a measured value based on an output from one or a plurality of light receiving sensors while the sensing (i.e., pre-measurement/measurements) may or may not include a filter 104 inserted after pre-measurement [0031], [0054] – [0054]. Notice that pixel data in a plurality of storage periods are summed [0042] – [0047], (Figures 4 and 5).
Additionally, Imai discloses shutter 106 interrupts light. The shutter 106 is inserted or removed to/from the optical path of the light 604 to be measured under control of the control unit 122. In a case where the shutter 106 is inserted in the optical path of the light 604 to be measured, the light 604 to be measured which is incident on the spectral radiance meter 1 does not reach the sensor 110.
Finally, Imai teaches that repeating measurement of the quantity of light to be measured and obtaining average of measurement results, the measurement result is prevented from being influenced by the periodic fluctuations in the quantity of light to be measured [0009], thus teaching repeating multiple measurements as needed [0009] and in a case where the shutter 106 is removed from the optical path of the light 604 to be measured, the light 604 to be measured which is incident on the spectral radiance meter 1 reaches the sensor 110 [0032], [0042], [0054] – [0055].
Notice that Imai performs pre-measurement to decide whether to insert or remove the filters [0052] – [0054].
Imai fails to expressly disclose a photometric value of the light to be measured in a state in which the dimming member is not inserted in the light path in order to generate a calibration coefficient for suppressing a 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 and
wherein the hardware processor acquires, as photometric values for generating the calibration coefficient, at least a total of three or more photometric values measured in each of the states when switching is performed at least two or more times, the switching including switching from the state in which the dimming member is inserted in the light path to the state in which the dimming member is not inserted in the light path and switching from the state in which the dimming member is not inserted in the light path to the state in which the dimming member is inserted in the light path.
Yamamoto relates to an exposure apparatus and device including a controller configured to execute a calibration process (Abstract). FIG. 1 illustrates a configuration of an exposure apparatus, wherein a ND filter unit 30 is capable of exchanging and arranging various kinds of ND filters on an optical pass, and adjusts the light quantity of the light emitted from the light source 1 [0023] [0024].
FIG. 9 is a flowchart illustrating the operation sequence of a transmittance measurement in the light path in the exposure apparatus. Firstly, the controller 102 commands the illumination system 101 to drive the ND filter and each optical element for matching the illumination mode and optical condition during exposure to the position necessary for the transmittance measurement, as the adjustment of the illumination mode (step S201) [0024] [0033] [0047].
Yamamoto further teaches that the controller 102 determines correction coefficient (output ratio) α (i.e., α = P0/P1) from the detected value P0 of the first photoelectric conversion unit 6 and from the detected value P1 of the second photoelectric conversion unit 19 (step S204). The detected values P0 and P1 and the correction coefficient α are stored in a storage (not illustrated) in the exposure apparatus 100, and they are referred as transmittance correction processes [0041], [0047]. As such, Yamamoto discloses correction coefficients derived from measurements wherein the coefficients are used to correct detected optical values [0024] [0033] [0041] [0047].
Ishiguchi relates to controlling the image or detection to be displayed in a transmissive display device including a light source having a plurality of emission lights, and maintaining the image accuracy with high accuracy. Ishiguchi provides a transmissive display device that can be configured at low cost by relaxing the spectral sensitivity condition required for a degree sensor and a display light control method thereof (Pages 2 – 3 of the English translation).
Ishiguchi teaches multiple light detection devices and tristimulus values X, Y, Z derived from and calculated from sensor signals (i.e., the sensor used here be one that approximates the luminous sensitivity (spectral) characteristics (color matching functions: x(λ), y(λ), z(λ), as in at least 3 values measured simultaneously) (Pages 15, 22 and 31; English Translation) [0030].
Lastly, Ishiguchi teaches that the function of equation (10) using the coefficients thus obtained is compared with the spectral sensitivity characteristics (hereinafter referred to as sensor characteristics) of a photodetector combined with an actual filter, and the one with the smallest deviation is selected. Furthermore, when designing a new filter, the feasible sensor characteristics are predicted, the coefficients of equation (10) are similarly calculated, the prototype sensor characteristics are compared with equation (10), and the coefficients are recalculated, and this process is repeated until the required accuracy is achieved (Page 19, English Translation).
Tsurutani relates to an apparatus used for recording and measuring spectra, especially as a method of analysis (Abstract).
Tsurutani also teaches that a dimming member 520 that can be driven to be inserted into and removed from the optical path as needed optical path of the light 820 to be measured [0101]. Steps S704/S705 shows how the main sensor output and an auxiliary senor value with dimming member 520 inserted measures as needed and how the output value of the main sensor is corrected based on inserted-state and/or retracted state data and a dimming rate derived from those data [0103] – [0113].
Tsurutani teaches measuring optical signals with and without an attenuation member inserted into the optical path, wherein the measurements are obtained in two attenuation states, supporting the switching limitations while doing so and determining whether or not to use a dimming member [0066].
Notice where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges/parts by routine experimentation.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Imai to include the teachings such as that taught by Yamamoto, Ishiguchi and Tsurutani in order to improve calibration accuracy by measuring optical signals under different attenuation states and deriving correction coefficients for multiple photometric values as needed and furthermore,0 since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges/parts involves only routine skill in the art.
With regards to claim 2, see the rejection above where it was noted that Yamamoto discloses correction coefficients derived from measurements, wherein the coefficients are used to correct detected optical values [0024] [0033] [0041] [0047]. Additionally, Yamamoto was cited for teaching a controller 102 to determine correction coefficients (output ratio) α (i.e., α = P0/P1), see the rejection of claim 1.
As such, the rejection of claim 1 included the claimed limitations as claimed in claim 2.
With regards to claims 3 and 10, Imai modified discloses the claim invention according to claim 1 but fails to expressly disclose in a case where a plurality of reference colors is provided for calibration, the hardware processor changes at least one of the number of times of the switching and a photometric condition in accordance with the reference colors.
Ishiguchi teaches a controller controlling the emission intensities of light sources of different colors based on the integrated value (Page 8) and further no matter how the spectrum of light source 100 changes, in order to accurately detect that change as color information, the spectral sensitivity of the sensor must be equal to the luminous sensitivity (spectral) characteristics, that is, the tristimulus color matching functions (x(λ), y(λ), z(λ)) (Pages 15, 22 and 28).
In view of the utility, to enhanced Image quality or detection as calibration helps maintain image quality, it would have been obvious to a person of ordinary skill in the art the time the invention was made to modify Imai to include the teachings such as that taught by Ishiguchi.
With regards to claims 4 and 11, Imai modified discloses the photometric value corresponding to the state in which the dimming member is inserted in the light path and the photometric value corresponding to the state in which the dimming member is not inserted in the light path are generated from a weighted average value (i.e., see the integrator the adds up a plurality of values and further the calculating average of measurement results in combination with the light emission cycle like light generated) [0016] [0017] [0058] [0059] [0065] [0087].
With regards to claims 5 and 12, Imai modified discloses the claimed invention according to claim 1, and further performing repeating measurement acquisition across storage periods, thus allowing for switching cycles [0009] [0013], absent some degree of criticality, the recitation that a user can specify the number of times of the switching is only considered a matter of design choice involving routine skill of the art. The examiner takes Official Notice that allowing the user to control the number of switching cycles is only a routine calibration parameter, within the skilled artisan.
In view of the utility, to enhanced Image quality or detection as needed by the user, it would have been obvious to a person of ordinary skill in the art the time the invention was made to modify Imai to include the teachings such as that taught by that that is well known and conventional in the art.
With regards to claims 6 and 13, Imai modified discloses the claimed invention according to claim 1, and fails to expressly disclose that the hardware processor acquires the photometric values when the switching between the insertion and the removal of the dimming member is performed in a state in which a reference color is set.
Yamamoto discloses a calibration process for determine reference positions [0032] and further, that the controller 102 determines correction coefficient (output ratio) α from the detected value P0 of the first photoelectric conversion unit 6 and from the detected value P1 of the second photoelectric conversion unit 19 (step S204). The detected values P0 and P1 and the correction coefficient α are stored in a storage (not illustrated) in the exposure apparatus 100, and they are referred as transmittance correction processes [0047].
Ishiguchi teaches that the XYZ values and the sensor readings when any four different colors are displayed are recorded, and each coefficient can be obtained by solving the equation (18) in addition to correcting optical color using appropriate function or lookup table (Page 31 and 32).
In view of the utility, to enhanced Image quality or detection as needed, 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 include the teachings such as that taught by Yamamoto and Ishiguchi.
With regards to claims 7 and 14, Imai modified discloses the hardware processor performs pre-photometry before acquiring the photometric values and notifies a user of a degree of saturation [0047] – [0052]. Notice how the pre-measurement determines whether the ND filter should be inserted [0052].
With regards to claims 8 and 15, Imai modified discloses the claimed limitation according to claim 1, and further teaches performing pre-measurement before inserting the ND filter to determine measurement conditions [0047] – [0052], thus starting measurement without attenuation is an obvious measurement sequence without the attenuation is the natural first step.
With regards to claim 9, see the rejection of claim 1 as Imai teaches the spectral radiance meter 1 measures light 604 generated by display 602 which provides the claimed photometric apparatus [0028] – [0029], (Figure 1), while the device that generates the calibration coefficient was taught by Yamamoto as in the control 102 determines correction coefficient C= P0/P1 [0024] [0033] [0041] [0047].
With regards to claim 16, Imai modified discloses the calibration method corresponding to the photometric apparatus of claims 1 – 8. See the rejections to claims 1 – 8 above, especially the method steps corresponding to the operation of the photometric measurement by Imai, the calibration coefficient generation by Yamamoto, the multisensory color measurement by Ishiguchi and the attenuation states by Tsurutani.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US Pub. No. 20209/0116002 A1), Yamamoto et al. (US Pub. No.2015/0124232 A1), Ishiguchi et al. (JP 2004198320 A) and Tsurutani (WO 2021002286 A1) in view of Green et al. (US Pub. No. 2012/0320042 A1).
With regards to claim 17, Imai modified discloses the claimed inventions according to claims 1 – 16, and further Imai discloses control units 122 with CPU 136 and memory 138 executing the measurement flow of the spectral radiance meter [0029] [0037] [0052] in addition to Yamamoto, Ishiguchi and Tsurutani teaching additional correction/calculation coefficient-generation logic, all of the references fail to expressly disclose a computer-readable medium implementing the method.
Green teaches calibrating a light sensor (Abstract) in addition to photometric data collection (step 320), and iterative refinement of the solution using sensor feedback (step 340) provided with a process/procedure carried out using a non-transitory computer-readable medium of program instructions [0036] (Figure 3).
In view of the utility, to implement the system and methods electronically or in terms of algorithmic, 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 include the teachings such as that taught by Green.
Conclusion
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884