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 .
DETAILED ACTION
This office action is in response to a newly filed 371 application in which claims 21-39 of the instant application are pending and ready for examination as of the preliminary amendment filed on 08/01/2024.
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.
Claim 38 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Since a computer-readable storage medium can be exemplified as a non-statutory signal, carrier waver, etc., the claim as a whole is non-statutory. “A transitory, propagating signal … is not a “process, machine, manufacture, or composition of matter.” Those four categories define the explicit scope and reach of subject matter patentable under 35 U.S.C. § 101; thus, such a signal cannot be patentable subject matter.” (In re Nuijten, 84 USPQ2d 1495 (Fed. Cir. 2007)). The examiner suggests amending the claim to include a tangible computer-readable storage media.
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.
Claims 21-26, 28-34, and 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Sunkavalli (US 2021/0065440) in view of Voye (US 2002/0154112).
As to claim 39, teaches a computer system for performing a digital harmony evaluation of a first physical object and a second physical object through a user interface, comprising: one or more processors; and one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to at least:
receive first color data for a first physical object; receive a first spatial orientation for the first physical object; receive second color data for a second physical object; receive a second spatial orientation for the second physical object; select light source data ([0006], [0025]-[0027], [0048]-[0050], and [0065]-[0067]; also see FIG. 3);
generate a first visualization for the first physical object based on the first color data, the first spatial orientation and the light source data; generate a second visualization for the second physical object based on the second color data, the second spatial orientation and the light source data ([0006], [0025]-[0027], [0048]-[0050], and [0065]-[0067]; also see FIG. 3);
and display on a graphical user interface a visualization comprising the first visualization and the second visualization ([0006], [0025]-[0027], [0048]-[0050], and [0065]-[0067]; also see FIG. 3).
Sunkavalli does not explicitly teach displaying on a graphical user interface a digital harmony visualization comprising the first visualization and the second visualization.
However, Voye teaches displaying on a graphical user interface a digital harmony visualization comprising a first and second visualization ([0050]-[0064]). In Voye’s disclosure, by virtue of knowing the set of coating parameters for each individual polygon, the computer is able, in turn, to assign to each individual polygon the relevant optical data of interest which correlate to the relevant set of coating parameters. If the optical data are for surface properties which can be perceived differently as a function of the position of an observer, the computer may also, by virtue of knowing the position of each individual polygon, assign to each individual polygon a viewing angle dependent on the position of the observer, and illumination angles dependent on the position of one or more illumination sources, and the optical data, for example, colorimetric data, that correlate with these. Likewise in order to increase the accuracy of the computer image in the process according to the invention, it may be expedient if the computer, when making this assignment, also takes account of the nature of each polygon and selects accordingly from the stored optical data differentiated according to type of test panel ([0052]-[0054]). The computer image may be generated in a visually perceptible manner as a realistic representation or as a scaled coded representation, for example, as a false color representation or as a representation with various grey levels or different patterns. The computer image may also, however, be generated as a computer image existing only as a set of data. If the optical surface property measured in the process according to the invention is, for example, the impression of color and/or special effect, this may be represented visually in a realistic manner as an impression produced on the three-dimensional object by assigning to each polygon a fundamental color defined by RGB values obtained from corresponding calorimetric measurements, each polygon being represented by pixels in each case composed of a triple combination of red-green-blue. Gloss reflections may be reproduced by varying brightness or contrast of the pixels of the polygons concerned. By assembling the polygons, the object may be represented three-dimensionally in the corresponding visually perceptible impression of color ([0057]-[0058]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sunkavalli’s system with Voye’s system to show displaying on a graphical user interface a digital harmony visualization comprising the first visualization and the second visualization.
As to claims 12 and 38, the aforementioned claims are rejected similarly as claim 39.
As to claim 22, the combination of Sunkavalli and Voye teaches wherein receiving first color data for the first physical object includes identifying the first color data for the first physical object from a coatings database, the first color data including a first spray orientation of a colorant material; and wherein receiving second color data for the second physical object includes identifying the second color data for the second physical object from the coatings database, the second color data including a second spray orientation of a colorant material (Voye; [0011]-[0026] and [0036]-[0059]).
As to claim 23, the combination of Sunkavalli and Voye teaches wherein the first color data and the second color data each include a spray orientation of a colorant material (Voye; [0011]-[0026] and [0036]-[0059]).
As to claim 24, the combination of Sunkavalli and Voye teaches wherein the first spatial orientation and the second spatial orientation are dynamically determined relative to a selected observer position, the first spatial orientation and the second spatial orientation being different (Voye; [0029]-[0045]).
As to claim 25, the combination of Sunkavalli and Voye teaches wherein the first spatial orientation and the second spatial orientation are identified from an object database, such that the first spatial orientation and the second spatial orientation are based on a relative position of the first physical object and the second physical object in a physical assembly (Voye; [0029]-[0045]).
As to claim 26, the combination of Sunkavalli and Voye teaches wherein the digital harmony visualization further comprises a predetermined space between the first visualization and the second visualization, the predetermined space identified from an object database, such that the predetermined space is based on an existing distance between the first physical object and the second physical object in a physical assembly (Voye; [0029]-[0045]).
As to claim 28, the combination of Sunkavalli and Voye teaches wherein the first physical object comprises a portion of a vehicle and the second physical object comprises an adjacent portion of the vehicle (Voye; [0029]-[0045]).
As to claim 29, the combination of Sunkavalli and Voye teaches wherein the first physical object comprises a bumper of a vehicle and the second physical object comprises an adjacent body of the vehicle (Voye; [0029]-[0045]).
As to claim 30, the combination of Sunkavalli and Voye teaches wherein the spray orientation of the first color data is different from the spray orientation of the second color data (Voye; [0011]-[0026] and [0036]-[0059]).
As to claim 31, the combination of Sunkavalli and Voye teaches wherein the digital harmony visualization comprises the first visualization overlaying the second visualization (Sunkavalli; [0048]-[0050], [0065]-[0067], and [0115]; Voye; [0050]-[0064]).
As to claim 32, the combination of Sunkavalli and Voye teaches wherein selecting light source data includes identifying or selecting the light source data from a lighting conditions data library and selecting a light source position relative to the first physical object, the second physical object, and an observer position (Voye; [0029]-[0045]).
As to claim 33, the combination of Sunkavalli and Voye teaches wherein the light source data comprises sunlight point light data, sunlight diffuse light data, incandescent light data, fluorescent light data, color brightness data, and/or color temperature data (Sunkavalli; [0025]-[0027] and [0048]-[0050]; Voye; [0033]).
As to claim 34, the combination of Sunkavalli and Voye teaches wherein the graphical user interface comprises a printing device or a display device and displaying the digital harmony visualization includes: defining color properties of the printing device or the display device; processing the first visualization and the second visualization based on the defined color properties; and sending the processed first visualization and the processed second visualization to the printing device or display device for printing and/or display (Sunkavalli; [0006], [0025]-[0027], [0048]-[0050], [0065]-[0067], [0191], and [0216]; Voye; [0050]-[0064]).
As to claim 37, the combination of Sunkavalli and Voye teaches dynamically updating the digital harmony visualization based on changes in an orientation of the first spatial orientation for the first physical object, in the second spatial orientation for the second physical object, in an observer position, and/or in a light source position (Voye; [0029]-[0045] and [0064]-[0065]).
Allowable Subject Matter
Claims 27, 35, and 36 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIHAN ZHOU whose telephone number is (571)270-7284. The examiner can normally be reached Mondays-Fridays 8:30am-5pm.
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/ZHIHAN ZHOU/Primary Examiner, Art Unit 2482