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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The following analysis is based on the 2019 revised Patent Subject Matter Eligibility Guidance (2019 PEG) published on January 7, 2019 (84 Fed. Reg.50). See MPEP 2106.04(a)(2)(II),
35 U.S.C. 101 requires that a claimed invention must fall within one of the four eligible categories of invention (i.e., process, machine, manufacture, or composition of matter) and must not be directed to subject matter encompassing a judicially recognized exception as interpreted by the courts. MPEP 2106. The four eligible categories of invention include: (1) process which is an act, or a series of acts or steps, (2) machine which is an concrete thing, consisting of parts, or of certain devices and combination of devices, (3) manufacture which is an article produced from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand labor or by machinery, and (4) composition of matter which is all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids. MPEP 2106(I).
Claims 1-19 are rejected under 35 U.S.C. 101 abstract idea, while the claims recite a series of steps or acts to be performed, “performing color verification of a specific image formed by an image forming apparatus, the color verification system comprising an information processing apparatus, wherein the information processing apparatus determines an allowable value to be used for color verification of a specific color forming the specific image, based on an attribute of the specific image formed with the specific color”.
The language of “performing color verification of a specific image formed by an image” can be performed by a user. The claim is an abstract idea. It is an insignificant extra solution activity, a mental process that can be performed by a human.
2106.04(a)(2)(II).
Consequently, the identified additional element taken into consideration individually or in combination of the steps performed fails to amount of significantly more than the abstract idea above, they are recited at a high level of generality and are conventional, well known and routine.
Prong 1 analysis:
The steps do not amount to significantly more than the abstract idea. The recited steps could be implemented by the user or a human operator observing an image, recited steps as being implemented by a software application and also mental process that can be achieved by a user using a generic computer to view color verification. Accordingly, the analysis under prong one of step 2A of the Subject Matter Eligibility Test does not result in a conclusion of eligibility (See flowchart MPEP 2106).
Prong 2 analysis:
The additional elements regarding claim 18, “the computer-readable color verification program”. The claim has been implemented by a software application and also mental process that can be achieved by a user using a generic computer to view the difference, (mental process), does not preempt all possible ways, or any specific way to implement. The steps do not amount to significantly more than the abstract idea, they are recited at a high level of generality and are conventional, well known and routine. The claim as a whole is an abstract idea. Accordingly, the analysis under step 2B of the Subject Matter Eligibility Test does not result in a conclusion of eligibility (See flowchart MPEP 2106).
DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7-11, 14-15 and 17-18 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Sakatani (U.S. Pub. No: 2018/0048772 A1).
Regarding claim 1, Sakatani discloses a color verification system for performing color verification of a specific image formed by an image forming apparatus, the color verification system comprising an information processing apparatus (see abstract, an image forming apparatus includes an image generating unit for generating a job image, a color verification image generating unit, a color converting unit for performing the same color conversion on the job image and the color verification image, a printing unit for printing the job image and the color verification image subjected to the color conversion, a colorimetry device for measuring the colors of a printout of the color verification image, a storage unit, a storing control unit for storing the job image in the storage unit in association with the color verification image and colorimetrical values thereof, and a reprinting control unit, wherein the printing unit performs a test print of the stored color verification image before reprinting, and the reprinting control unit compares colorimetrical values obtained during the test print with stored past colorimetrical values and outputs color differences. Also, page 6, paragraphs, [0092-0096] the color verification image (specific image), can include at least either one or more colors designated by a user or one or more colors frequently appearing in the job image, as patches of specific colors, besides the standard colors and the basic colors. In this case, it is possible to improve the accuracy of color verification of important specific colors. Specific colors frequently appearing in the job image can be determined by analyzing the job image. For example, the color verification image generating unit 112 may calculate the appearance frequencies of pixel values of each of the colors C, M, Y, and K by analyzing the job image, and determine one color having the highest appearance frequency as a specific color, or determine some colors in descending order of appearance frequency as specific colors. As shown in FIG. 4, a color verification image T includes a standard-color patch group T1, a basic-color patch group T2, and a specific-color patch group T3. Also, a mark m1 adjacent to the basic-color patch group T2 is a mark for showing the positions of individual patches of the patch group T2. Crosses shown at four corners of the color verification image T are marks for alignment);
wherein the information processing apparatus determines an allowable value to be used for color verification of a specific color forming the specific image, based on an attribute of the specific image formed with the specific color and a use of a printed product on which the specific image is formed (see page 1, paragraphs, [0013-0014] according to an invention of Item 4, in the image forming apparatus of Item 1 or 2, in a case where the color differences are allowable values set in advance, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 5, the image forming apparatus of Item 2 further comprises a manipulation unit, wherein there are provided a manual option for determining whether to perform reprinting on the basis of a user's reprinting instruction and an automatic option for determining whether to perform reprinting on the basis of whether color differences are allowable values set in advance, regardless of a user's instruction, and in a case where the manual option is selected by the manipulation unit, in response to a user's reprinting instruction input by the manipulation unit, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image, and in a case where the automatic option is selected by the manipulation unit, the reprinting control unit determines whether the color differences are allowable values set in advance, and if the color differences are allowable values, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image.
Also, page 3, paragraph, [0028] according to an invention of item 19, in the program of item 17 or 18, the color verification image includes patches of one or more specific colors designated by a user, or/and patches of one or more specific colors frequently appearing in the job image.
Also, page 7, paragraphs, [0125-0128] In an operation screen d3, a manual button d31 can be operated to select the manual option, and an automatic button d32 can be operated to select the automatic option. In the automatic option, the user can set conditions for reprinting by inputting allowable values for color differences as conditions for reprinting in an input field d33. Also, in the automatic option, the above-mentioned color verification result does not necessarily need to be displayed, and may be displayed only in response to an instruction from the user. After the color differences are output, in STEP S39, the reprinting control unit 115 determines whether the output color differences are allowable values. In the manual option, in a case where the user operates the OK button d22 on the operation screen d2, thereby inputting a reprinting instruction, the reprinting control unit determines that the color differences are allowable values. In the automatic option, in a case where the output color differences coincide with the allowable values for color differences input in the input field d33 of the operation screen d3 and set in advance, the reprinting control unit determines that the color differences are allowable values. In a case where the color differences are allowable values (“Y” in STEP S39), the reprinting control unit instructs the printing unit to reprint the job image. In STEP S40, the printing unit prints the job image subjected to the screen process with the image processing unit 19. In a case where any color difference is not an allowable value (“N” in STEP S39) in STEP S41, the profile generating unit 116 updates the profile to be used in color conversion of the color converting unit 113 for color management. For example, it is possible to generate a profile for converting L*a*b* into CMYK, using color values of L*a*b* obtained by printing a color chart by the printing unit, without performing color conversion using a profile and measuring the colors of the individual patches on the sheet with the colorimetry device 32 and the CMYK).
Regarding claim 2, Sakatani discloses the color verification system according to claim 1, wherein the specific image is formed by using process color ink in place of special color ink, and the specific color is a special color (see claim 1, also page 4, paragraph, [0053] the image generating unit 111 generates job images which are bitmap data, from data representing printing contents and described in a page description language (PDL) (hereinafter, referred to as PDL data), by a rasterizing process. In job images, individual pixels have pixel values of four colors, i.e., cyan (C), magenta (M), yellow (Y), and black (K). Pixel values are data values representing image tones; for example, 8-bit data values represent tones from 0 to 255.
Also, page 5, paragraph, [0076] during image forming, in the individual writing units 21, the photoconductors 2b are charged by the charging units 2d, and the photoconductors 2b are scanned with beams emitted from the optical scanning devices 2a on the basis of a job image, whereby electrostatic latent images are formed. The developing units 2c develop the electrostatic latent images by supplying colorants such as toner, whereby images are formed on the photoconductors 2b of the four writing units 21, respectively. These images are sequentially transferred (primarily transferred) onto the intermediate image transfer unit 22 by the primary transfer rollers 2f as a result, an image comprising the four colors is formed on the intermediate image transfer unit 22. After primary transferring, the colorants remaining on the photoconductors 2b are removed by the cleaning units 2e).
Regarding claim 3, Sakatani discloses the color verification system according to claim 1, wherein the attribute of the specific image is a type of the specific image (see claim 1, also page 5, paragraphs, [0087] and [0092-0093], if the job image is generated, in STEP S12, the color verification image generating unit 112 generates a color verification image including “patches of a plurality of colors” (image). The color verification image generating unit 112 may generate the same color verification image for a plurality of job images, or may generate different color verification images for a plurality of job images, respectively. The color verification image can include at least either one or more colors designated by a user or one or more colors frequently appearing in the job image, as patches of specific colors, besides the standard colors and the basic colors. In this case, it is possible to improve the accuracy of color verification of important specific colors. As examples of specific colors which are designated by the user, a flesh color or a skin color for which the user regards reproducibility of the corresponding color as important, a corporate color which is being used as a symbol of a company, and so on can be taken).
Regarding claim 4, Sakatani discloses the color verification system according to claim 1, further comprising a server apparatus that holds allowable values set in accordance with at least one of the attribute of the specific image and the use of the printed product, wherein the information processing apparatus extracts one of the allowable values held in the server apparatus based on information regarding the attribute of the specific image and the use of the printed product (see claim 1, also page 1, paragraphs, [0013-0015] according to an invention of Item 4, in the image forming apparatus of Item 1 or 2, in a case where the color differences are allowable values set in advance, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 5, the image forming apparatus of Item 2 further comprises a manipulation unit, wherein there are provided a manual option for determining whether to perform reprinting on the basis of a user's reprinting instruction and an automatic option for determining whether to perform reprinting on the basis of whether color differences are allowable values set in advance, regardless of a user's instruction, and in a case where the manual option is selected by the manipulation unit, in response to a user's reprinting instruction input by the manipulation unit, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image, and in a case where the automatic option is selected by the manipulation unit, the reprinting control unit determines whether the color differences are allowable values set in advance, and if the color differences are allowable values, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 6, in the image forming apparatus of any one of Items 1 to 5, the reprinting control unit calculates at least one of a color difference, a lightness difference, and a hue difference between a colorimetrical value of a blank part of a sheet extracted from the past colorimetrical values and a colorimetrical value of a blank part of a sheet extracted from the colorimetrical values obtained during the test print, and in a case where at least one of the color difference, the lightness difference, and the hue difference calculated exceeds a threshold, the reprinting control unit notifies that there is a possibility that the sheet used in the test print is different from the sheet used at the time of storing the job).
Regarding claim 7, Sakatani discloses the color verification system according to claim 1, wherein the information processing apparatus acquires document image data of a print job for the image forming apparatus, extracts the specific image from the acquired document image data, and determines the attribute of the extracted specific image (see claim 1, also page 2, paragraph, [0015] according to an invention of Item 6, in the image forming apparatus of any one of Items 1 to 5, the reprinting control unit calculates at least one of a color difference, a lightness difference, and a hue difference between a colorimetrical value of a blank part of a sheet extracted from the past colorimetrical values and a colorimetrical value of a blank part of a sheet extracted from the colorimetrical values obtained during the test print, and in a case where at least one of the color difference, the lightness difference, and the hue difference calculated exceeds a threshold, the reprinting control unit notifies that there is a possibility that the sheet used in the test print is different from the sheet used at the time of storing the job image).
Regarding claim 8, Sakatani discloses the color verification system according to claim 7, further comprising a server apparatus that holds a database regarding the specific image, wherein the information processing apparatus extracts the specific image from the document image data with reference to the database, and determines the attribute of the extracted specific image (see claim 1, also page 6, paragraphs, [0103-0106] also, in STEP S15, the storing control unit 114 stores in the storage unit 12 the color verification image subjected to the color converting process in association with the stored job image. Meanwhile, in STEP S16, the image forming apparatus G performs calibration of the printing unit 20. During calibration, in the printing unit 20, reference patches such as a patch having the highest concentration and gradation patches are formed on the intermediate image transfer unit 22, and image forming conditions, such as the laser power of laser beams to be radiated by the optical scanning devices 2a during exposure, and the bias voltage of the developing units 2c, are adjusted on the basis of the detection values of the concentrations of the reference patches such that the concentration of an image becomes a desired concentration. After calibration finishes, in STEP S17, the storing control unit 114 outputs the job image and the color verification image subjected to the color converting process and stored in the storage unit 12 to the image memory 18, and the image processing unit 19 reads out the job image and the color verification image from the image memory 18 and performs a screen process on them. In STEP S18, the printing unit 20 prints the job image subjected to the screen process and prints the color verification image subjected to the screen process. If the color verification image is formed on a sheet by printing in STEP S19, the colorimetry device 32 measures the colors of the individual patches of the color verification image).
Regarding claim 10, Sakatani discloses the color verification system according to claim 1, wherein the information processing apparatus determines the use of the printed product based on size information of the printed product and layout information of an image on the printed product (see claim 1, also page 5, paragraphs, [0072-0074] the image processing unit 19 reads out job images from the image memory 18 and performs a variety of image processing such as layout processes like rotating, upsizing, downsizing, adding page numbers, integrating pages, a concentration correcting process, and a screen process of simulatively reproducing middle tones using dithering. The printing unit 20 forms images comprising four colors, i.e., C, M, Y, and K on sheets, on the basis of the pixel values of four colors of individual pixels of job images subjected to image processing in the image processing unit 19. As shown in FIG. 1, the printing unit 20 includes four writing units 21, an intermediate image transfer unit 22, secondary transfer rollers 23, a fixing device 24, and a sheet feed tray 25).
Regarding claim 11, Sakatani discloses the color verification system according to claim 1, wherein the information processing apparatus determines the allowable value to be used for the color verification of the specific color based on history information of the color verification (see claim 1, also page 7, paragraphs, [0125-0127] in an operation screen d3, a manual button d31 can be operated to select the manual option, and an automatic button d32 can be operated to select the automatic option. In the automatic option, the user can set conditions for reprinting by inputting allowable values for color differences as conditions for reprinting in an input field d33. Also, in the automatic option, the above-mentioned color verification result does not necessarily need to be displayed, and may be displayed only in response to an instruction from the user. After the color differences are output, in STEP S39, the reprinting control unit 115 determines whether the output color differences are allowable values. In the manual option, in a case where the user operates the OK button d22 on the operation screen d2, thereby inputting a reprinting instruction, the reprinting control unit 115 determines that the color differences are allowable values. In the automatic option, in a case where the output color differences coincide with the allowable values for color differences input in the input field d33 of the operation screen d3 and set in advance, the reprinting control unit 115 determines that the color differences are allowable values. In a case where the color differences are allowable values (“Y” in STEP S39), the reprinting control unit 115 instructs the printing unit 20 to reprint the job image. In STEP S40, the printing unit 20 prints the job image subjected to the screen process with the image processing unit 19).
Regarding claim 15, Sakatani discloses the color verification method according to claim 14, wherein a server apparatus holds allowable values set in accordance with at least one of the attribute of the specific image and the use of the printed product, and an information processing apparatus extracts one of the allowable values held in the server apparatus based on information regarding the attribute of the specific image and the use of the printed product (see claim 1, also page 1, paragraphs, [0013-0015] according to an invention of Item 4, in the image forming apparatus of Item 1 or 2, in a case where the color differences are allowable values set in advance, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 5, the image forming apparatus of Item 2 further comprises a manipulation unit, wherein there are provided a manual option for determining whether to perform reprinting on the basis of a user's reprinting instruction and an automatic option for determining whether to perform reprinting on the basis of whether color differences are allowable values set in advance, regardless of a user's instruction, and in a case where the manual option is selected by the manipulation unit, in response to a user's reprinting instruction input by the manipulation unit, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image, and in a case where the automatic option is selected by the manipulation unit, the reprinting control unit determines whether the color differences are allowable values set in advance, and if the color differences are allowable values, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 6, in the image forming apparatus of any one of Items 1 to 5, the reprinting control unit calculates at least one of a color difference, a lightness difference, and a hue difference between a colorimetrical value of a blank part of a sheet extracted from the past colorimetrical values and a colorimetrical value of a blank part of a sheet extracted from the colorimetrical values obtained during the test print, and in a case where at least one of the color difference, the lightness difference, and the hue difference calculated exceeds a threshold, the reprinting control unit notifies that there is a possibility that the sheet used in the test print is different from the sheet used at the time of storing the job).
Regarding claim 18, Sakatani discloses the non-transitory recording medium storing the computer-readable color verification program according to claim 17, wherein the color verification program causes a server apparatus to hold allowable values set in accordance with at least one of the attribute of the specific image and the use of the printed product, and causes the information processing apparatus to extract one of the allowable values held in the server apparatus based on information regarding the attribute of the specific image and the use of the printed product (see claim 1, also page 1, paragraphs, [0013-0015] according to an invention of Item 4, in the image forming apparatus of Item 1 or 2, in a case where the color differences are allowable values set in advance, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 5, the image forming apparatus of Item 2 further comprises a manipulation unit, wherein there are provided a manual option for determining whether to perform reprinting on the basis of a user's reprinting instruction and an automatic option for determining whether to perform reprinting on the basis of whether color differences are allowable values set in advance, regardless of a user's instruction, and in a case where the manual option is selected by the manipulation unit, in response to a user's reprinting instruction input by the manipulation unit, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image, and in a case where the automatic option is selected by the manipulation unit, the reprinting control unit determines whether the color differences are allowable values set in advance, and if the color differences are allowable values, the reprinting control unit controls the printing unit such that the printing unit reprints the stored job image. According to an invention of Item 6, in the image forming apparatus of any one of Items 1 to 5, the reprinting control unit calculates at least one of a color difference, a lightness difference, and a hue difference between a colorimetrical value of a blank part of a sheet extracted from the past colorimetrical values and a colorimetrical value of a blank part of a sheet extracted from the colorimetrical values obtained during the test print, and in a case where at least one of the color difference, the lightness difference, and the hue difference calculated exceeds a threshold, the reprinting control unit notifies that there is a possibility that the sheet used in the test print is different from the sheet used at the time of storing the job).
With regard to claims 9, 14, 17 the arguments analogous to those presented above for claims 1, 2, 3, 4, 7, 8, 10, 11, 15 and 18, are respectively applicable to claims 9, 14, 17.
Allowable Subject Matter
Claims 5, 6, 12, 13, 16, and 19, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seyed Azarian whose telephone number is (571) 272-7443. The examiner can normally be reached on Monday through Thursday from 6:00 a.m. to 7:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Matthew Bella, can be reached at (571) 272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED H AZARIAN/Primary Examiner, Art Unit 2667
June 4, 2026