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 .
Drawing Objection
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “108” has been used to designate both Account Data and Image Processing Module. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objection
Claim 1 recites the limitation "the user" in the third line. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the second color space". There is insufficient antecedent basis for this limitation in the claim. In the interest of compact prosecution, the Examiner will treat claim 3 as dependent on claim 2, as claim 2 identifies the use of a first color space and a second color space.
Claim 8 recites the limitation "the user" in the sixth line. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the second color space". There is insufficient antecedent basis for this limitation in the claim. In the interest of compact prosecution, the Examiner will treat claim 10 as dependent on claim 9, as claim 9 identifies the use of a first color space and a second color space.
Claim 15 recites the limitation "the user" in the fifth line. There is insufficient antecedent basis for this limitation in the claim. In the interest of compact prosecution, the Examiner will treat claim 17 as dependent on claim 15, as claim 15 identifies the use of a first color space and a second color space.
Claim 17 recites the limitation "the second color space". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejection – 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5, 8, 12, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2024/0345853 A1), hereinafter referenced as Li, in view of Peng (CN115686697), hereinafter referenced as Peng.
Regarding claim 8, Li teaches the following:
a system comprising: one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising;
“a memory, a processor, and a computer program stored on the memory and executable on the processor, wherein the processor, when executing the computer program … the apparatus may be implemented by software and/or hardware, and may be generally integrated in an electronic device. [27]” (Li, [10, 27]).
receiving user generated content from a user device;
“personal homepage, where entries of various functions can be displayed, information such as the user identifier which may, for example, include a nickname or an avatar of the user, can also be displayed, and information published by the user can also be displayed” (Li, [30]).
Li teaches how to get user generated data, which is "information published by the user" (Li, [30]). Li refers to this as user identifiers.
identifying an image
“an image locally selected by the user, a currently shot image, or an image selected from a template image set of a preset application may be received, and the received image may be determined as the target image." (Li, [59]).
Li teaches the target image is selected by the user, thus identifying an image.
identifying one or more key colors from the image;
“The gradient layer are generated according to the theme color of the target image uploaded by the user...The theme color can be understood as a color that plays a major role in a screen. The theme color of the image can be determined by a preset color-picking algorithm” (Li, [54]).
Li teaches the theme color is the key color from the target image.
generating a gradient based on one of the one or more key colors;
“the gradient layer are generated according to the theme color of the target image uploaded by the user” (Li, [54]).
Li teaches the gradient layer is generated in accordance to the theme color of the target image.
generating content for delivery to user devices using the user generated content, the image, and the generated gradient.
"a page processing method, comprising: displaying a first personal homepage of a first user in a preset application [5] … an embodiment of the present specification provides an electronic device, comprising a memory, a processor, and a computer program stored on the memory and executable on the processor, wherein the processor, when executing the computer program, implements the page processing method provided in the embodiment of the present specification [10] … the preset application is provided with a personal homepage, where entries of various functions can be displayed, information such as the user identifier [30] … a background image may be displayed in the personal homepage [52] …the background image comprises a solid color layer, the target image and a gradient layer [54]" (Li, [5, 10, 30, 52, 54]).
Li teaches a user device, an electronic device, implements a page processing method which displays the personal homepage. The personal homepage has user identifiers and a background image which comprises of the target image and a gradient layer.
However, Li does not teach how to identify an image associated with the user.
Peng teaches the following:
an image associated with the user;
“this disclosure provides an image processing method that, upon receiving a user-associated image display request, first obtains the user-associated image identifier corresponding to the user-associated image display request. Among them, the user-associated image identifier includes the user identifier and the associated image application identifier. (Peng, [53])
Peng teaches how to determine a user-associated image for a user-associated image display request.
Peng is analogous art with respect to Li because they are from the same field of endeavor, namely image processing. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to identify an image associated with the user when generating a personalized gradient for the user in order to improve optimization of displays and image visualization.
Claim(s) 1 and 15 is/are rejected using the same rationale or bases as applied to claim 8.
Regarding claim 12, Li and Peng teach the system of claim 8. Li also teaches the following:
wherein the gradient comprises generating a gradient comprises generating one of a linear gradient or a radial gradient based on the one or more key colors.
“the target color is determined according to a theme color of the target image [54] … Optionally, the process of generating the gradient layer according to the target color may comprise: obtaining a gradient layer template, and by using the target color, performing linear gradient filling [66]” (Li, [54, 66]).
Li teaches how a linear gradient is generated based on the target color. The target color is derived from the theme color.
Claim(s) 5 and 19 is/are rejected using the same rationale or bases as applied to claim 12.
Claim(s) 2, 6, 7, 9, 13, 14, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2024/0345853 A1), hereinafter referenced as Li, in view of Peng (CN115686697), hereinafter referenced as Peng, and in view of Vallespi et al. (US 2020/0357146 A1), hereinafter referenced as Vallespi.
Regarding claim 9, Li and Peng teach the system of claim 8. Li also teaches the following:
wherein the one or more key colors identified from the image
"The theme color can be understood as a color that plays a major role in a screen. The theme color of the image can be determined by a preset color-picking algorithm" (Li, [54].
Li teaches how to identify a key color which plays a major role in the screen.
converting the one or more key colors
“performing a dimming processing on a brightness component in the theme color," (Li, [55]).
Li teaches how to dim a color, therefore changing and converting a color.
However, Li and Peng fail to teach how to use one of more key color in the first color space or one or more key colors in a second color space.
Vallespi teaches the following:
A color in the first color space
“The software maps the first color to a first end of the range of data values” (Vallespi, [25])
Colors in the second color space
"maps the second color to a second end of the range of data values, and maps the additional colors respectively to additional values within the range of data values." (Vallespi, [25])
Vallespi is analogous art with respect to Li and Peng because they are from the same field of endeavor, namely image processing and generation. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use the first and second color space wherein the theme color is in the first color space and to use the dimming process to change and convert the color to another color space in order to improve the color quality for visualization.
Claim(s) 2 and 16 is/are rejected using the same rationale or bases as applied to claim 9.
Regarding claim 13, Li and Peng teach the system of claim 8. Li also teaches the following:
key colors.
"The theme color can be understood as a color that plays a major role in a screen. The theme color of the image can be determined by a preset color-picking algorithm" (Li, [54]).
Li teaches how to identify a key color which plays a major role in the screen.
However, Li and Peng fail to teach how to define generating a specified number of gradient colors to include the key color, in which each gradient color defines a transition color within the color gradient at a respective location within a gradient region.
But Vallespi does. Vallespi teaches the following:
generating a specified number of gradient colors in which each gradient color defines a transition color within the color gradient at a respective location within a gradient region.
"The color selection engine selects the first point, the second point, and the additional points such that a color gradient including the first color, second color, and additional colors has uniform transitions between the one or more of lightness, chroma, and hue [07] … maps the first color to a first end of the range of data values [25] … the color-selection engine 102 can build a color gradient 109 by storing sets of color values that define a set of colors, where the set of colors corresponds to portions of the color space element 106 intersected by the color map path 108 [40]" (Vallespi, [07, 25, 40])
Vallespi teaches how to select a set of color of color gradients, including the first color and transition colors. Within the set of colors, the colors correspond to the portions of color space respective to their location within the gradient region.
Vallespi is analogous art with respect to Li and Peng because they are from the same field of endeavor, namely image generation and processing. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use the key colors when defining gradient colors in order to improve the color quality for visualization.
Claim(s) 6 and 20 is/are rejected using the same rationale or bases as applied to claim 13.
Regarding claim 14, Li and Peng teach the system of claim 8. Li also teaches the following:
key colors.
"The theme color can be understood as a color that plays a major role in a screen. The theme color of the image can be determined by a preset color-picking algorithm" (Li, [54]).
Li teaches how to identify a key color which plays a major role in the screen.
But Li and Peng fail to teach a first gradient color corresponding to the key color and one or more second gradient colors corresponding to the first gradient color with one or more modified attribute values.
However, Vallespi does and teaches the following:
wherein the specified number of gradient colors comprise a first gradient color and one or more second gradient colors corresponding to the first gradient color with one or more modified attribute values
"The color selection engine selects the first point, the second point, and the additional points such that a color gradient including the first color, second color, and additional colors has uniform transitions between the one or more of lightness, chroma, and hue. [07] … The software maps the first color to a first end of the range of data values, maps the second color to a second end of the range of data values, and maps the additional colors respectively to additional values within the range of data values. [25]” (Vallespi, [07, 25]).
Vallespi teaches that the first color is mapped to the first end of the range of data values. Second color and additional colors are mapped with respect to the changes in between lightness, chroma, and hue.
Vallespi BASE is analogous art with respect to Li and Peng because they are from the same field of endeavor, namely image generation and processing. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use key colors in the gradient colors in order to improve the color quality for visualization.
Claim(s) 7 is/are rejected using the same rationale or bases as applied to claim 14.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2024/0345853 A1), hereinafter referenced as Li, in view of Peng (CN115686697), hereinafter referenced as Peng, in view of Vallespi et al. (US 2020/0357146 A1), hereinafter referenced as Vallespi, and of Lilley (Color on the Web, Chapter 16), hereinafter referenced as Lilley.
Regarding claim 10, Li and Peng teach the system of claim 8, but Li and Peng do not explicitly teach the second color space or that the second color space is OKLCH color space.
Vallespi teaches the following:
wherein the second color space is LCH color space.
“maps the second color to a second end of the range of data values” (Vallespi, [25])
Vallespi is analogous art with respect to Li and Peng because they are from the same field of endeavor, namely image generation and processing. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use a second color space when generating a gradient in order to improve the color quality for visualization.
Lilley teaches the following:
the benefits of OKLCH
“Oklab (and Oklch, the polar form) were added to CSS Color 4 and it was resolved that the gamut mapping algorithm would operate in Oklch and use a hue-preserving MINDE (HPMINDE) approach [71]. This produces more acceptable gamut mapping results, particularly in the blues, and also leads to more perceptually uniform gradients” (Lilley [pg 281]).
Lilley BASE is analogous art with respect to Li, Peng, and Vallespi because they are from the same field of endeavor, namely image processing and colors. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use OKLCH in the second color space in order to improve color quality for visualization and uniform gradient.
Claim(s) 3 and 17 is/are rejected using the same rationale or bases as applied to claim 10.
Claim(s) 4, 11, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2024/0345853 A1), hereinafter referenced as Li, in view of Peng (CN115686697), hereinafter referenced as Peng, and in view of Kazuya Yago (JP2008099149A), hereinafter referenced as Yago.
Regarding claim 11, Li and Peng teach the system of claim 8. Li also teaches the following:
wherein identifying the one or more key colors from the image comprises: applying a median cut algorithm to the remaining color values.
“The theme color of the image can be determined by a preset color-picking algorithm, which can include, for example, minimum difference, median cut, Octree, clustering, color modeling, and the like” (Li, [54]).
Li and Peng fail to teach removing preprocessing an image to remove low density colors.
Yago teaches the following:
wherein identifying the one or more key colors from the image comprises: preprocessing the color values for pixels of the image to remove low density colors; “The pre-processing unit 301 performs a background removal process to remove the
background portion of the color image, a brightness conversion process to convert the color image from which the background has been removed into a brightness image, and a smoothing process to smooth the brightness image, and outputs the smoothed brightness image to the character area extraction unit 310 and the photo/graphic area extraction unit. The background removal process removes the low density background color of the color image and enhances the contrast. Thereby, the tendency of a color image can be adjusted” (Yago, [46])
Yago BASE is analogous art with respect to Li and Peng because they are from the same field of endeavor, namely image processing. Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to preprocess an image to remove low density color and apply a median cut algorithm to determine a key color in order to detect the color with more easily and accurate.
Claim(s) 4 and 18 is/are rejected using the same rationale or bases as applied to claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
International Search Notes (WO 2026024230)
Written Opinion (WO 2026024230)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNE N NGUYEN whose telephone number is (571)272-8919. The examiner can normally be reached M-TH 7:00AM - 5:00PM.
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/DUNE NGOC NGUYEN/Examiner, Art Unit 2618 /DEVONA E FAULK/Supervisory Patent Examiner, Art Unit 2618