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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/19/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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Claims 21, 23-25, 27, 30-38 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7-8, 11-14 and 16 of U.S. Patent No. 12,047,688. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations recited in claims 21 and 36 of the instant application are encompassed by limitations recited in claims 1 and 13 of the patent ‘688, respectively.
The claim 21 of instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 21 is generic to all that is recited in claim 1 of the patent No. 12,047,688. That is, claim 21 is anticipated by claim 1 of the patent No. 12,047,688.
The claim 36 of instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 36 is generic to all that is recited in claim 13 of the patent No. 12,047,688. That is, claim 36 is anticipated by claim 13 of the patent No. 12,047,688.
Instant Application 18/778,664
U.S. Patent No. 12,047,688
21. A system, comprising one or more processors to:
determine a first luminance of a first frame of a plurality of frames;
compare the first luminance of the first frame with a second luminance of a second frame of the plurality of frames to determine a highest expected luminance;
determine a target shutter speed for a shutter of a video capture device based on the highest expected luminance;
determine that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance, responsive to the target shutter speed being less than a minimum shutter speed; and
provide instructions to adjust the target shutter speed to an adjusted target shutter speed.
1.A system, comprising one or more processors to:
determine a first luminance of a first frame of a plurality of frames and a second luminance of a second frame of the plurality of frames; compare the first luminance of the first frame with the second luminance of the second frame to determine a highest expected luminance;
determine a target shutter speed for a shutter of a video capture device based on a frequency corresponding to the highest expected luminance;
determine that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance, responsive to the target shutter speed being less than a minimum shutter speed; and
provide instructions to adjust the target shutter speed to an adjusted target shutter speed.
23. The system of claim 21, comprising: the one or more processors to generate an initial target shutter speed based on a plurality of luminance amplitude values.
11. The system of claim 1, comprising: the one or more processors to determine an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
24. The system of claim 21, comprising: the one or more processors to determine the second luminance of the second frame of the plurality of frames.
1. A system, comprising one or more processors to: determine ..a second luminance of a second frame of the plurality of frames; …
25. The system of claim 21, comprising: the one or more processors to determine the target shutter speed for the shutter of the video capture device based on a frequency corresponding to the highest expected luminance.
1. A system, comprising one or more processors to: …determine a target shutter speed for a shutter of a video capture device based on a frequency corresponding to the highest expected luminance;
27. The system of claim 21, comprising: the one or more processors to provide the instructions to adjust target shutter speed to reduce a change in luminance between the first luminance of the first frame and the second luminance of the second frame to a value less than a threshold change in luminance.
Claim 13
16. The method of claim 13, comprising: providing, by the one or more processors, an instruction to adjust the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
30. The system of claim 21, comprising: the video capture device to generate the plurality of frames, the video capture device including the shutter, the shutter configured to permit light to be received to generate the plurality of frames.
14. The method of claim 13, comprising: generating, by the video capture device, the plurality of frames, the video capture device including the shutter to permit light to be received for generating the plurality of frames.
31. The system of claim 21, comprising: the one or more processors to cause the shutter to operate at the target shutter speed.
4. The system of claim 1, comprising: the one or more processors to cause the shutter to operate at the target shutter speed.
32. The system of claim 21, wherein the first luminance is an average luminance of the first frame and the second luminance is an average luminance of the second frame.
7. The system of claim 1, wherein the first luminance is an average luminance of the first frame and the second luminance is an average luminance of the second frame.
33. The system of claim 21, comprising: the one or more processors to determine at least one of a periodicity or a frequency of a flicker in the plurality of frames.
8. The system of claim 1, comprising: the one or more processors to determine at least one of a periodicity or a frequency of a flicker in the plurality of frames.
34. The system of claim 21, comprising: the one or more processors to determine an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
11. The system of claim 1, comprising: the one or more processors to determine an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
35. The system of claim 21, comprising: the plurality of frames based on light from a plurality of luminaires having differing flicker frequencies or pulse width modulation (PWM) control schemes.
12. The system of claim 1, comprising: the plurality of frames based on light from a plurality of luminaires having differing flicker frequencies or pulse width modulation (PWM) control schemes.
36. A method, comprising:
determining, by one or more processors, a first luminance of a first frame of a plurality of frames;
comparing, by the one or more processors, the first luminance of the first frame with a second luminance of a second frame of the plurality of frames to determine a highest expected luminance;
determining, by the one or more processors, a target shutter speed for a shutter of a video capture device based on the highest expected luminance;
causing, by the one or more processors, the shutter to operate at a target shutter speed responsive to the at least one luminance parameter;
determining, by the one or more processors, that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance;
adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance; and
causing, by the one or more processors, the shutter to operate at the adjusted target shutter speed.
13. A method, comprising:
determining, by one or more processors, a first luminance of a first frame of a plurality of frames and a second luminance of a second frame of the plurality of frames;
comparing, by the one or more processors, the first luminance of the first frame with the second luminance of the second frame to determine a highest expected luminance;
determining, by the one or more processors, a target shutter speed for a shutter of a video capture device based on a frequency corresponding to the highest expected luminance;
causing, by the one or more processors, the shutter to operate at a target shutter speed responsive to the at least one luminance parameter;
determining, by the one or more processors, that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance;
adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance responsive to the target shutter speed being less than a minimum shutter speed; and
causing, by the one or more processors, the shutter to operate at the adjusted target shutter speed.
37. The method of claim 36, comprising: determining, by the one or more processors, the target shutter speed for the shutter of the video capture device based on a frequency corresponding to the highest expected luminance.
13…determining, by the one or more processors, a target shutter speed for a shutter of a video capture device based on a frequency corresponding to the highest expected luminance; …
38. The method of claim 36, comprising: adjusting the target shutter speed responsive to the target shutter speed being less than a minimum shutter speed.
13. adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance responsive to the target shutter speed being less than a minimum shutter speed;
40 The method of claim 36, comprising: providing, by the one or more processors, an instruction to adjust the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
16. The method of claim 13, comprising: providing, by the one or more processors, an instruction to adjust the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
Claims 22 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,047,688 in view of Deng et al. (“Deng”, US 2019/0213718).
Regarding claim 22, claim 1 of U.S Patent No. 12,047,688 discloses the system of claim 21.
Claim 1 of U.S Patent No. 12,047,688 does not explicitly disclose that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames.
However, Deng teaches that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames (Deng: see par. [0092], wherein the pixel array includes a plurality of sensor pixels each having a pixel charge corresponding to a respective intensity of light from a scene incident thereon, the capturing the first captured image may include converting, with an analog-to-digital converter, each pixel charge to a respective one of the first plurality of pixel values).
One would have been modified to include a processor as taught by Deng in the apparatus of claim 1 of of U.S. Patent No. 12,047,688 for having image data.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Deng with U.S. Patent No. 12,047,688’s system to include that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames.
Regarding claim 39, claim 39 recites the similar subject matter as previously discussed in claim 22.
Claims 28-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,047,688.
Regarding claim 28, claim 1 of U.S. Patent No. 12,047,688 discloses the system of claim 21.
Claim 1 of U.S. Patent No. 12,047,688 does not explicitly disclose comprising a communications circuit to communicate with a remote device.
The Examiner takes Official Notice that having a communications circuit to communicate with a remote device is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to incorporate a communications circuit into claim 1 of U.S. Patent No. 12,047,688 to communicate.
The rational to do so is to transfer the data to external device remotely.
Regarding claim 29, claim 1 of U.S. Patent No. 12,047,688 discloses the system of claim 21.
Claim 1 of U.S. Patent No. 12,047,688 does not explicitly disclose comprising: the one or more processors to provide the instructions to adjust the target shutter speed for display by a user interface.
The Examiner takes Official Notice that adjust the target shutter speed by a user interface is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to incorporate a user interface into claim 1 of U.S. Patent No. 12,047,688 to adjust the target shutter speed.
The rational to do so is to get more easier in controlling the device by a user interface.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,047,688 in view of Noda et al. (“Noda”, US 2019/0253604).
Regarding claim 26, claim 1 of U.S Patent No. 12,047,688 discloses the system of claim 21.
Claim 1 of U.S Patent No. 12,047,688 does not explicitly disclose comprising: the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame.
On the other hand, Noda teaches that the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame (Noda: see fig. 2D, wherein there is a flicker between the brightness difference between frames).
One would have been modified to include a processor as taught by Noda in the apparatus of claims of U.S. Patent No. 12,047,688 to detect the flicker.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Noda with U.S. Patent No. 12,047,688’s system to include that the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame.
Claims 21, 23-25, 27, 30-38 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9-12 and 15-16 of U.S. Patent No. 11,758,281. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations recited in claims 21 and 36 of the instant application are encompassed by limitations recited in claims 1 and 9 of the patent ‘281, respectively.
The claim 21 of instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 21 is generic to all that is recited in claim 1 of the patent No. 11,758,281. That is, claim 21 is anticipated by claim 1 of the patent No. 11,758,281.
The claim 36 of instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 36 is generic to all that is recited in claim 9 of the patent No. 11/758/281. That is, claim 36 is anticipated by claim 9 of the patent No. 11,758,281.
Instant Application 18/778,664
U.S. Patent No. 11,758,281
21. A system, comprising one or more processors to:
determine a first luminance of a first frame of a plurality of frames;
compare the first luminance of the first frame with a second luminance of a second frame of the plurality of frames to determine a highest expected luminance;
determine a target shutter speed for a shutter of a video capture device based on the highest expected luminance;
determine that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance, responsive to the target shutter speed being less than a minimum shutter speed; and
provide instructions to adjust the target shutter speed to an adjusted target shutter speed.
1.A video camera system, comprising:
a video capture device to generate a plurality of frames, the video capture device comprising a shutter to selectively permit light to be received for generating the plurality of frames based on a shutter speed; and one or more processors to:
determine a first luminance of a first frame of the plurality of frames and a second luminance of a second frame of the plurality of frames;
compare the first luminance of the first frame with the second luminance of the second frame to determine a highest expected luminance;
determine a target shutter speed for the shutter based on a frequency corresponding to the highest expected luminance;
cause the shutter to operate at the target shutter speed;
determine that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance; compare the target shutter speed to a minimum shutter speed; adjust the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance and to be equal to the minimum shutter speed responsive to the target shutter speed being less than the minimum shutter speed; and
cause the shutter to operate at the adjusted target shutter speed.
23. The system of claim 21, comprising: the one or more processors to generate an initial target shutter speed based on a plurality of luminance amplitude values.
7. The video camera system of claim 1, comprising: the one or more processors are to determine an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
24. The system of claim 21, comprising: the one or more processors to determine the second luminance of the second frame of the plurality of frames.
1…one or more processors to: determine a first luminance of a first frame of the plurality of frames and a second luminance of a second frame of the plurality of frames; …
25. The system of claim 21, comprising: the one or more processors to determine the target shutter speed for the shutter of the video capture device based on a frequency corresponding to the highest expected luminance.
1… one or more processors to: …
determine a target shutter speed for the shutter based on a frequency corresponding to the highest expected luminance…
27. The system of claim 21, comprising: the one or more processors to provide the instructions to adjust target shutter speed to reduce a change in luminance between the first luminance of the first frame and the second luminance of the second frame to a value less than a threshold change in luminance.
2. The video camera system of claim 1, comprising: the one or more processors are to adjust the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
30. The system of claim 21, comprising: the video capture device to generate the plurality of frames, the video capture device including the shutter, the shutter configured to permit light to be received to generate the plurality of frames.
9. A method, comprising: generating, by a video capture device, a plurality of frames, the video capture device comprising a shutter to selectively permit light to be received for generating the plurality of frames based on a shutter speed…
31. The system of claim 21, comprising: the one or more processors to cause the shutter to operate at the target shutter speed.
9. causing, by the one or more processors, the shutter to operate at a target shutter speed responsive to the at least one luminance parameter…
32. The system of claim 21, wherein the first luminance is an average luminance of the first frame and the second luminance is an average luminance of the second frame.
11. The method of claim 9, comprising: determining, by the one or more processors, the first luminance as an average luminance of the first frame and the second luminance as an average luminance of the second frame.
33. The system of claim 21, comprising: the one or more processors to determine at least one of a periodicity or a frequency of a flicker in the plurality of frames.
12. The method of claim 9, comprising: determining, by the one or more processors, at least one of a periodicity or a frequency of a flicker in the plurality of frames.
34. The system of claim 21, comprising: the one or more processors to determine an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
15. The method of claim 9, comprising: determining, by the one or more processors, an initial target shutter speed based on frequency analysis of the first luminance of the first frame.
35. The system of claim 21, comprising: the plurality of frames based on light from a plurality of luminaires having differing flicker frequencies or pulse width modulation (PWM) control schemes.
16. The method of claim 9, comprising: the plurality of frames are based on light from a plurality of luminaires having differing flicker frequencies or pulse width modulation (PWM) control schemes.
36. A method, comprising:
determining, by one or more processors, a first luminance of a first frame of a plurality of frames;
comparing, by the one or more processors, the first luminance of the first frame with a second luminance of a second frame of the plurality of frames to determine a highest expected luminance;
determining, by the one or more processors, a target shutter speed for a shutter of a video capture device based on the highest expected luminance;
causing, by the one or more processors, the shutter to operate at a target shutter speed responsive to the at least one luminance parameter;
determining, by the one or more processors, that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance;
adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance; and causing, by the one or more processors, the shutter to operate at the adjusted target shutter speed.
9. A method, comprising: generating, by a video capture device, a plurality of frames, the video capture device comprising a shutter to selectively permit light to be received for generating the plurality of frames based on a shutter speed;
determining, by one or more processors, a first luminance of a first frame of the plurality of frames and a second luminance of a second frame of the plurality of frames;
comparing, by the one or more processors, the first luminance of the first frame with the second luminance of the second frame to determine a highest expected luminance;
determining, by the one or more processors, a target shutter speed for the shutter based on a frequency corresponding to the highest expected luminance;
causing, by the one or more processors, the shutter to operate at a target shutter speed responsive to the at least one luminance parameter;
determining, by the one or more processors, that a change in luminance between consecutive frames of the plurality of frames is greater than a threshold change in luminance;
comparing, by the one or more processors, the target shutter speed to a minimum shutter speed;
adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance and to be equal to the minimum shutter speed responsive to the target shutter speed being less than the minimum shutter speed; and causing, by the one or more processors, the shutter to operate at the adjusted target shutter speed.
37. The method of claim 36, comprising: determining, by the one or more processors, the target shutter speed for the shutter of the video capture device based on a frequency corresponding to the highest expected luminance.
9. determining, by the one or more processors, a target shutter speed for the shutter based on a frequency corresponding to the highest expected luminance;
38. The method of claim 36, comprising: adjusting the target shutter speed responsive to the target shutter speed being less than a minimum shutter speed.
9…adjusting, by the one or more processors, the target shutter speed to determine an adjusted target shutter speed responsive to determining that the change in luminance is greater than the threshold change in luminance and to be equal to the minimum shutter speed responsive to the target shutter speed being less than the minimum shutter speed;
40. The method of claim 36, comprising: providing, by the one or more processors, an instruction to adjust the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
10. The method of claim 9, comprising: adjusting, by the one or more processors, the target shutter speed to reduce the change in luminance to be less than the threshold change in luminance.
Claims 22 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,758,281 in view of Deng et al. (“Deng”, US 2019/0213718).
Regarding claim 22, claim 1 of U.S Patent No. 11,758,281 discloses the system of claim 21.
Claim 1 of U.S Patent No. 11,758,281 does not explicitly disclose that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames.
However, Deng teaches that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames (Deng: see par. [0092], wherein the pixel array includes a plurality of sensor pixels each having a pixel charge corresponding to a respective intensity of light from a scene incident thereon, the capturing the first captured image may include converting, with an analog-to-digital converter, each pixel charge to a respective one of the first plurality of pixel values).
One would have been modified to include a processor as taught by Deng in the apparatus of claim 1 of of U.S. Patent No. 11,758,281 for having image data.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Deng with U.S. Patent No. 11,758,281’s system to include that the one or more processors to identify a luminance corresponding to each pixel of the first frame of the plurality of frames.
Regarding claim 39, claim 39 recites the similar subject matter as previously discussed in claim 22.
Claims 28-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,758,281.
Regarding claim 28, claim 1 of U.S. Patent No. 11,758,281 discloses the system of claim 21.
Claim 1 of U.S. Patent No. 11,758,281 does not explicitly disclose comprising a communications circuit to communicate with a remote device.
The Examiner takes Official Notice that having a communications circuit to communicate with a remote device is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to incorporate a communications circuit into claim 1 of U.S. Patent No. 11,758,281 to communicate.
The rational to do so is to transfer the data to external device remotely.
Regarding claim 29, claim 1 of U.S. Patent No. 11,758,281 discloses the system of claim 21.
Claim 1 of U.S. Patent No. 11,758,281 does not explicitly disclose comprising: the one or more processors to provide the instructions to adjust the target shutter speed for display by a user interface.
The Examiner takes Official Notice that adjust the target shutter speed by a user interface is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to incorporate a user interface into claim 1 of U.S. Patent No. 11,758,281 to adjust the target shutter speed.
The rational to do so is to get more easier in controlling the device by a user interface.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,758,281 in view of Noda et al. (“Noda”, US 2019/0253604).
Regarding claim 26, claim 1 of U.S Patent No. 11,758,281 discloses the system of claim 21.
Claim 1 of U.S Patent No. 11,758,281 does not explicitly disclose comprising: the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame.
On the other hand, Noda teaches that the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame (Noda: see fig. 2D, wherein there is a flicker between the brightness difference between frames).
One would have been modified to include a processor as taught by Noda in the apparatus of claim 1 of U.S. Patent No. 11,758,281 to detect the flicker.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Noda with U.S. Patent No. 11,758,281’s system to include that the one or more processors to determine that flicker has not been eliminated based on a change in luminance between the first luminance of the first frame and the second luminance of the second frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAN T NGUYEN/Patent Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638