DETAILED ACTION
This action is in response to the original filing on 09/17/2024. Claims 1-20 are pending and have been considered below.
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.
Claims 14, 15, and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 14, claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an apparatus, but appears to be comprised of software alone without claiming associated computer hardware required for execution. According to MPEP 2111, examiner is obliged to give the terms or phrases their broadest interpretation definition awarded by one of an ordinary skill in the art unless applicant has provided some indication of the definition of the claimed terms or phrases. Therefore, examiner interprets these sections as any entity that capable of performing the functions as recited, which includes software modules. Thus claim 14 is directed to a software system which is directed to non-statutory subject matter. See MPEP § 2106.01.
Regarding claims 15 and 20, the claims recites a computer program element with instructions. However, the specification does not define what type of medium is included in the element. According to MPEP 2111, examiner is obliged to give the terms or phrases their broadest interpretation definition awarded by one of an ordinary skill in the art unless applicant has provided some indication of the definition of the claimed terms or phrases. Therefore, examiner interprets the computer-readable memory device as including any type of medium which includes carrier medium such as signals. Signals are directed to a non-statutory subject matter. Thus, claims 15 and 20 are rejected under 35 U.S.C. 101 for directing to a non-statutory subject matter. Applicant is advised to amend to “non-transitory computer-readable medium” to overcome this rejection.
Claim Objections
Claims 2-20 are objected to because of the following informalities:
Claims 2-20 recites ‘the method’; however, it should recite - - the computer-implemented method - -.
Claims 4 and 8 recite ‘the processor’; however, it should recite - - a processor - -.
Claim 4 recites ‘the modified appearance data generated in step (i-2)’; however, it should recite - - the modified appearance data - -.
Claim 6 recites ‘the appearance data of the provided digital representation’; however, it should recite - - appearance data of the provided digital representation - -.
Claim 7 recites ‘the created image’; however, it should recite - - a created image - -.
Claim 7 recites ‘the digital representation provided in step (i-1)’; however, it should recite - - the digital representation - -.
Claim 10 recites ‘the modification of the reference coating’; however, it should recite - - a modification of the reference coating - -.
Claims 14, 15, and 20 are improper independent claim and should be re-written in proper independent claim format.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “A computer-implemented method for assigning at least one human- perceived attribute to a sample coating based on a visual evaluation of the sample coating with respect to a reference coating”. It is unclear whether “based on a visual evaluation” is intended to modify to the method, the attribute, or the sample coating. For the purposes of examination, this limitation is interpreted as: A computer-implemented method for assigning at least one human-perceived attribute to a sample coating, wherein the method further comprises a visual evaluation of the sample coating with respect to a reference coating
Regarding claim 3, the claim recites “the lightness and/or darkness and/or color and/or texture and/or gloss and/or clearcoat appearance as compared to a display image of the reference coating”. The claims lack antecedent basis for “the lightness…” It is further unclear which limitations are required for the multiple alternative limitations. For the purposes of examination, this limitation is interpreted as: a lightness, a darkness, a color texture, a gloss or clearcoat appearance as compared to a display image of the reference coating
Regarding claim 4, the claim recites “image(s)”. It is unclear whether this limitation is intended to be singular or plural. For the purposes of examination, this limitation is interpreted as: an image
Regarding claims 5 and 6, the claims recite “or a combination thereof”. It is unclear which previous limitation “thereof” is intended to refer. For the purposes of examination, this limitation is interpreted as: or a combination of appearance data
Regarding claims 10, 11, and 19, the claims recite “the reference coating of the modified reference coatings”. It is unclear how this limitation is intended to relate to the previously recited reference coating and modified reference coating. For the purposes of examination, this limitation is interpreted as: a reference coating of a plurality of modified reference coatings
Regarding claim 13, the claim recites “deviation(s)” and “attribute(s)”. It is unclear whether these limitations are intended to be singular or plural. For the purposes of examination, this limitation is interpreted as: a deviation, an attribute
Regarding claim 19, the claim recites “wherein step (i) further comprises adjacent to at least part of the display images of the modified reference coatings”. It is unclear which limitations “adjacent to” is intended to relate. For the purposes of examination, this limitation is interpreted as: wherein step (i) further comprises at least part of the display images of the modified reference coatings
Regarding claims 2-20, claims 2-20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for depending on an indefinite parent claim.
Claim Rejections - 35 USC § 102
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 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 1-3, 10-15, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClanahan (US 20070035554 A1, published 02/15/2007).
Regarding claim 1, McClanahan teaches the claim comprising:
A computer-implemented method for assigning at least one human- perceived attribute to a sample coating based on a visual evaluation of the sample coating with respect to a reference coating, said method comprising at a computing device with a display:(i) displaying on the display a user interface comprising at least one display image of a modified reference coating (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; The input screen could include any suitable number of areas for inputting a variety of data, such as the manufacturer of a motor vehicle, the year of the vehicle, the color code, the standard number, the color name, the model, the paintline, and the variant; [0033], As also shown in FIG. 3, the user preferably inputs the reference color and data relating to the vehicle being repaired into the input screen of the computer. The user then requests the image of the reference color by hitting the "Get Reference Color" button; [0043], Turning to FIG. 6, the revised color image, which corresponds to the revised color values, is displayed on the monitor along with the reference color image. The user can then visually compare the inputted color differences between the displayed reference color image and the displayed revised color image to determine if the displayed revised color image is adequate. Preferably, the displaying of the revised reference color images are displayed on the same monitor at the same time. Even more preferably, the revised reference color images are displayed next to or adjacent to each other on the monitor at the same time; [0053], A blank input screen is shown in FIG. 9 and the input screen populated with the vehicle data is shown in FIG. 10. In particular, FIG. 10 includes vehicle data relating to the manufacturer, model year, color code, standard number, color name, and vehicle model; [0037], In order to modify the reference color image, the user requests a color difference by clicking on the "Specify Color Difference" button. An adjustment screen is then displayed as shown in FIG. 4; [0054], The user will then request the image of the reference color by pressing the "Get Reference Color" button. The computer database then searches for the reference color. This reference color will represent a standard original equipment reference color associated with the vehicle data or a color of a particular vehicle. There are preferably different ways to search this reference color. One search method relates to searching by the most common measurement. Another alternative search method relates to searching by the most popular download. Yet another alternative search method involves utilizing the color measurement device (spectrophotometer) to determine and import the color of the particular vehicle; the reference color values are translated into displayable images and then the reference color image is displayed onto the monitor; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable);
and (ii) detecting with the computing device a user input being indicative of selecting at least one display image of the modified reference coating, wherein the user input is associated with the visual evaluation of the sample coating with respect to the reference coating; and (iii) in response to the detected user input, assigning with the computing device at least one human-perceived attribute to the sample coating (McClanahan Figs. 1-14; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], Within the virtual paint room, the user can add tint and modify the reference formula of the referenced color image based on the user's knowledge of this formula and the effects of the tinting. The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6. The remaining processes as discussed below will continue in a similar fashion; [0042], After the user has inputted the differences, the user can initiate a search for a color match by pressing the "Find Color Match" button. The reference color values are then translated into revised color values based on the inputted color differences using the computer. Referring to FIG. 1B, the revised color values are then obtained. The revised color values are then translated into displayable images. As discussed above with regard to translating the reference color values into displayable images, the revised color values are preferably translated in similar manner. In particular, the revised color values are translated into RGB color values; [0043], Turning to FIG. 6, the revised color image, which corresponds to the revised color values, is displayed on the monitor along with the reference color image. The user can then visually compare the inputted color differences between the displayed reference color image and the displayed revised color image to determine if the displayed revised color image is adequate. Preferably, the displaying of the revised reference color images are displayed on the same monitor at the same time. Even more preferably, the revised reference color images are displayed next to or adjacent to each other on the monitor at the same time. In the most preferred embodiment, such as shown in FIG. 6, the revised and reference color images are displayed in 3D in the shape of flat plates with the revised color image on the right and the reference color image on the left. The flat plates can be angled to provide depth to the plates and to allow the user to visualize the difference and revised color images at different angles. The flat plates can be manipulated to provide a plurality of different viewing angles for the revised and reference color images. It should be appreciated that the type of display and orientation of the images is not limited in any manner. As shown in FIG. 6, data relating to the revised color image can also be displayed. Further, a full description of the deviation of the revised color image to the reference color image can be displayed on the monitor; [0044], After the revised color image is displayed, the user will be prompted, for example through a pop-up screen, of whether the displayed revised color image is adequate. If the revised color image is not adequate, e.g., the user made a mistake during the adjustments of the virtual adjustment tools or the revised color image is unexpected, then the user can further adjust the virtual adjustment tools through a similar process as set forth above. This adjusting, displaying, and re-adjusting can continue until the user is comfortable that the displayed revised color image is as close as possible to the actual color; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 2, McClanahan teaches all the limitations of claim 1, further comprising:
wherein the human-perceived attribute indicates a deviation of the sample coating from the reference coating (McClanahan Figs. 1-14; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 3, McClanahan teaches all the limitations of claim 1, further comprising:
wherein the display image of the modified reference coating is modified with respect to the lightness and/or darkness and/or color and/or texture and/or gloss and/or clearcoat appearance as compared to a display image of the reference coating (McClanahan Figs. 1-14; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 10, McClanahan teaches all the limitations of claim 1, further comprising:
wherein step (i) further includes displaying a label for at least part of the display images of the modified reference coatings, said label being indicative of the modification of the reference coating with regard to lightness or darkness or color or texture or gloss or clearcoat appearance (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 11, McClanahan teaches all the limitations of claim 1, further comprising:
wherein step (i) further includes displaying at least one display image of the reference coating of the modified reference coatings (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 12, McClanahan teaches all the limitations of claim 1, further comprising:
wherein steps (i) to (iii) or steps (ii) and (iii) are repeated at least once (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0044], After the revised color image is displayed, the user will be prompted, for example through a pop-up screen, of whether the displayed revised color image is adequate. If the revised color image is not adequate, e.g., the user made a mistake during the adjustments of the virtual adjustment tools or the revised color image is unexpected, then the user can further adjust the virtual adjustment tools through a similar process as set forth above. This adjusting, displaying, and re-adjusting can continue until the user is comfortable that the displayed revised color image is as close as possible to the actual color; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 13, McClanahan teaches all the limitations of claim 1, further comprising:
wherein assigning at least one human-perceived attribute to the sample coating in response to the detected user input includes mapping deviation(s) associated with the detected user input to respective human-perceived attribute(s) (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0044], After the revised color image is displayed, the user will be prompted, for example through a pop-up screen, of whether the displayed revised color image is adequate. If the revised color image is not adequate, e.g., the user made a mistake during the adjustments of the virtual adjustment tools or the revised color image is unexpected, then the user can further adjust the virtual adjustment tools through a similar process as set forth above. This adjusting, displaying, and re-adjusting can continue until the user is comfortable that the displayed revised color image is as close as possible to the actual color; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 14, McClanahan teaches the claim comprising:
An apparatus for assigning at least one human-perceived attribute to a sample coating, the apparatus comprising: a display; one or more computing nodes; and one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the method of claim 1 (McClanahan Figs. 1-14; [0032], The method of the subject invention visualizes a color deviation of an actual color utilizing a computer having a monitor; The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], As also shown in FIG. 3, the user preferably inputs the reference color and data relating to the vehicle being repaired into the input screen of the computer. The user then requests the image of the reference color by hitting the "Get Reference Color" button; [0039], the computer includes a computer program and a user interface, such as a keyboard, for inputting the required data; [0043], Turning to FIG. 6, the revised color image, which corresponds to the revised color values, is displayed on the monitor along with the reference color image. The user can then visually compare the inputted color differences between the displayed reference color image and the displayed revised color image to determine if the displayed revised color image is adequate. Preferably, the displaying of the revised reference color images are displayed on the same monitor at the same time. Even more preferably, the revised reference color images are displayed next to or adjacent to each other on the monitor at the same time; [0045], the revised color formula is then modified based on the revised color values using a neural network module. The computer can include an artificial intelligence system, which may contain a neural network module and use fuzzy logic and rule-based systems. During the modification of the revised color formula, there are various constraints placed on the neural network module; [0046], A neural network module is schematically shown in FIG. 7; [0047], As shown in FIG. 7, the first layer is an input layer having one or more input nodes. The second layer is an output layer having one or more output nodes. Each output node corresponds with input nodes. Between the input and output layers, there are one or more hidden layers, each having one or more hidden nodes corresponding to an input node and output node pair; [0053], A blank input screen is shown in FIG. 9 and the input screen populated with the vehicle data is shown in FIG. 10. In particular, FIG. 10 includes vehicle data relating to the manufacturer, model year, color code, standard number, color name, and vehicle model; [0037], In order to modify the reference color image, the user requests a color difference by clicking on the "Specify Color Difference" button. An adjustment screen is then displayed as shown in FIG. 4; [0054], The user will then request the image of the reference color by pressing the "Get Reference Color" button. The computer database then searches for the reference color. This reference color will represent a standard original equipment reference color associated with the vehicle data or a color of a particular vehicle. There are preferably different ways to search this reference color. One search method relates to searching by the most common measurement. Another alternative search method relates to searching by the most popular download. Yet another alternative search method involves utilizing the color measurement device (spectrophotometer) to determine and import the color of the particular vehicle; the reference color values are translated into displayable images and then the reference color image is displayed onto the monitor; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; see rejection of claim 1 above)
Regarding claim 15, McClanahan teaches the claim comprising:
A computer program element with instructions, which, when executed by a computing device is configured to carry out the steps of the method according to claim 1 (McClanahan Figs. 1-14; [0032], The method of the subject invention visualizes a color deviation of an actual color utilizing a computer having a monitor; The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], As also shown in FIG. 3, the user preferably inputs the reference color and data relating to the vehicle being repaired into the input screen of the computer. The user then requests the image of the reference color by hitting the "Get Reference Color" button; [0039], the computer includes a computer program and a user interface, such as a keyboard, for inputting the required data; [0043], Turning to FIG. 6, the revised color image, which corresponds to the revised color values, is displayed on the monitor along with the reference color image. The user can then visually compare the inputted color differences between the displayed reference color image and the displayed revised color image to determine if the displayed revised color image is adequate. Preferably, the displaying of the revised reference color images are displayed on the same monitor at the same time. Even more preferably, the revised reference color images are displayed next to or adjacent to each other on the monitor at the same time; [0045], the revised color formula is then modified based on the revised color values using a neural network module. The computer can include an artificial intelligence system, which may contain a neural network module and use fuzzy logic and rule-based systems. During the modification of the revised color formula, there are various constraints placed on the neural network module; [0046], A neural network module is schematically shown in FIG. 7; [0047], As shown in FIG. 7, the first layer is an input layer having one or more input nodes. The second layer is an output layer having one or more output nodes. Each output node corresponds with input nodes. Between the input and output layers, there are one or more hidden layers, each having one or more hidden nodes corresponding to an input node and output node pair; [0053], A blank input screen is shown in FIG. 9 and the input screen populated with the vehicle data is shown in FIG. 10. In particular, FIG. 10 includes vehicle data relating to the manufacturer, model year, color code, standard number, color name, and vehicle model; [0037], In order to modify the reference color image, the user requests a color difference by clicking on the "Specify Color Difference" button. An adjustment screen is then displayed as shown in FIG. 4; [0054], The user will then request the image of the reference color by pressing the "Get Reference Color" button. The computer database then searches for the reference color. This reference color will represent a standard original equipment reference color associated with the vehicle data or a color of a particular vehicle. There are preferably different ways to search this reference color. One search method relates to searching by the most common measurement. Another alternative search method relates to searching by the most popular download. Yet another alternative search method involves utilizing the color measurement device (spectrophotometer) to determine and import the color of the particular vehicle; the reference color values are translated into displayable images and then the reference color image is displayed onto the monitor; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; see rejection of claim 1 above)
Regarding claim 19, McClanahan teaches all the limitations of claim 1, further comprising:
wherein step (i) further comprises adjacent to at least part of the display images of the modified reference coatings (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], The corresponding reference color values of the reference color are then obtained; [0034], Color values refer to color attributes used to qualify a color. The color value may include color space values, reflective values or other suitable color attributes. As one example, color space values are defined by L*, a*, b* where L* represents luminous intensity, a* represents a red/green appearance, and b* represents a yellow/blue appearance. Another example of color space values are those defined by L*, C*, h, where a L* represents lightness, C* represents chroma, and h represents hue; [0035], Color values can be displayed on the monitor but are typically unsuitable for that purpose. Hence, the color values are preferably translated into displayable images. One method for translating the color values into displayable images relates to translating the color values into RGB values. RGB stands for red, green, blue and are the color light sources that cooperate to display color images on screens or monitors. An RGB color is created by mixing the color light sources and RGB equates to the intensities of the mixed red, green, and blue color light sources for the images that are displayed on the monitor; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 20, McClanahan teaches the claim comprising:
A computer program element with instructions, which, when executed by a computing device of a computing environment is configured to carry out the steps of the method as provided by the apparatus of claim 14 (McClanahan Figs. 1-14; [0032], The method of the subject invention visualizes a color deviation of an actual color utilizing a computer having a monitor; The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], As also shown in FIG. 3, the user preferably inputs the reference color and data relating to the vehicle being repaired into the input screen of the computer. The user then requests the image of the reference color by hitting the "Get Reference Color" button; [0039], the computer includes a computer program and a user interface, such as a keyboard, for inputting the required data; [0043], Turning to FIG. 6, the revised color image, which corresponds to the revised color values, is displayed on the monitor along with the reference color image. The user can then visually compare the inputted color differences between the displayed reference color image and the displayed revised color image to determine if the displayed revised color image is adequate. Preferably, the displaying of the revised reference color images are displayed on the same monitor at the same time. Even more preferably, the revised reference color images are displayed next to or adjacent to each other on the monitor at the same time; [0045], the revised color formula is then modified based on the revised color values using a neural network module. The computer can include an artificial intelligence system, which may contain a neural network module and use fuzzy logic and rule-based systems. During the modification of the revised color formula, there are various constraints placed on the neural network module; [0046], A neural network module is schematically shown in FIG. 7; [0047], As shown in FIG. 7, the first layer is an input layer having one or more input nodes. The second layer is an output layer having one or more output nodes. Each output node corresponds with input nodes. Between the input and output layers, there are one or more hidden layers, each having one or more hidden nodes corresponding to an input node and output node pair; [0053], A blank input screen is shown in FIG. 9 and the input screen populated with the vehicle data is shown in FIG. 10. In particular, FIG. 10 includes vehicle data relating to the manufacturer, model year, color code, standard number, color name, and vehicle model; [0037], In order to modify the reference color image, the user requests a color difference by clicking on the "Specify Color Difference" button. An adjustment screen is then displayed as shown in FIG. 4; [0054], The user will then request the image of the reference color by pressing the "Get Reference Color" button. The computer database then searches for the reference color. This reference color will represent a standard original equipment reference color associated with the vehicle data or a color of a particular vehicle. There are preferably different ways to search this reference color. One search method relates to searching by the most common measurement. Another alternative search method relates to searching by the most popular download. Yet another alternative search method involves utilizing the color measurement device (spectrophotometer) to determine and import the color of the particular vehicle; the reference color values are translated into displayable images and then the reference color image is displayed onto the monitor; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; see rejection of claim 14 above)
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 4-9 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over McClanahan in view of Rump et al. (US 20230343051 A1, published 10/26/2023), hereinafter Rump.
Regarding claim 4, McClanahan teaches all the limitations of claim 1, further comprising:
wherein step (i) comprises (i-1) providing via a communication interface to the processor of the computing device a digital representation of the reference coating including appearance data determined; (i-2) generating with the processor modified appearance data of the reference coating based on the provided digital representation; and (i-3) generating a user interface presentation that presents the modified appearance data generated in step (i-2) as display image(s) of the modified reference coating and displaying the generated user interface presentation (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
However, McClanahan fails to expressly disclose appearance data determined at one or more measurement geometries. In the same field of endeavor, Rump teaches:
appearance data determined at one or more measurement geometries (Rump Figs. 1-17; [0023], obtaining a geometric model of a virtual object, the geometric model defining a three-dimensional macroscopic surface geometry of the virtual object; and [0024], visualizing, using a display device, a scene comprising the virtual object, using the first and second instances of the appearance model and the geometric model; [0032], The geometry of the virtual object is described by a three-dimensional geometric model. The geometric model defines a three-dimensional macroscopic surface geometry of the virtual object; [0058], the appearance capture device may be a multi-angle spectrophotometer, which is configured to determine color attributes for a plurality of combinations of illumination and viewing directions; [0072], a destination texture is created that has similar statistical properties as the source textures while being dissimilar, on a pixel-by-pixel basis; [0127], Images include images of actual target surfaces or objects and synthesized images derived from one or more geometric models combined with one or more sets of appearance attributes. An image can take the form of a two-dimensional array of picture elements (“pixels”), each pixel having a pixel value. The pixel value can be representative of reflectance at the location of the pixel at a particular wavelength, averaged over a particular wavelength range, or averaged over all visible wavelengths. Accordingly, in some embodiments, image data can be provided in the form of an array of pixel values; [0131], A “spectrophotometer” is a device for determining the reflection and/or transmission properties of a surface or material as a function of wavelength, i.e., the spectral response of an object, under illumination with visible light; [0146], A technician at the body shop uses a hand-held appearance capture device 52 to determine a set of appearance attributes 54 of a paint coating on an intact vehicle part; [0152], the computer system executes rendering software 108. The rendering software renders a virtual object 72, i.e., it creates a photorealistic digital image of the virtual object 72 based on a geometric model of the surface geometry of the virtual object 72; [0153], The virtual object 72 has first and second portions 72a, 72b that are adjacent to each other. The first portion 72a is rendered using the first instance 56 of the appearance model, while the second portion 72b is rendered using the second instance 66 of the appearance mode; [0154], The technician at the body shop can move the virtual line 74 across the display device 70 using his finger or using a pointing device like a digital pen, a trackpad or a mouse and observe how appearance matches or differs between the first and second instances of the appearance model as rendered on the virtual object 72, i.e., between the appearance of the actual paint coating of the car as measured and the expected appearance of a paint coating that has been prepared according to the candidate recipe; [0170], FIG. 5 shows an exemplary flow diagram illustrating the method of visualizing the appearances of two materials. In step 501, a user (e.g., a technician at the body shop) determines appearance attributes 54 of a target object 50 by measuring light reflectance and/or transmission properties, and optionally texture properties, of the target object with a first appearance capture device 52. In step 502, the appearance capture device 52 transmits these measured appearance attributes to a component of a computer system; [0177], the appearance capture devices 52 and 82 are preferably multi-angle spectrophotometers having imaging capabilities; [0179], the term “measurement array” is understood to mean the sum of the components of the hand-held measurement device which serve to illuminate a measurement spot on the surface of a measurement object and to capture the light reflected by this measurement spot and to convert it into corresponding electrical signals; [0180], The hand-held measurement device shown in FIG. 7 is indicated as a whole by the reference sign HMD. It comprises a housing H which accommodates a measurement array; [0186], The measurement geometry is the reverse of ASTM standards E2194 and E2539, in which two specular illuminations at 15° and 45° and six specular spectral channels at 0°, 30°, 65°, −20°, −30° and −60° are defined for measurements on metallic and pearlescent effect pigments. One additional illumination means 22 at angle −45° is provided for measuring gloss in combination with the pick-up means 31)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated appearance data determined at one or more measurement geometries as suggested in Rump into McClanahan. Doing so would be desirable because ], finding a color formulation that matches a given color of a physical object to be color matched (“target object”) can be a tedious process of trial and error (see Rump [0002]). Traditionally, the process of finding a matching recipe has been an entirely manual process. Whether formulating from scratch or modifying a reference recipe, success largely depends on the experience of the color professional who selects the colorants and defines the candidate recipes. Even experienced specialists often need several iterations until a satisfactory match is obtained (see Rump [0004]). Known methods of color matching may not be able to yield satisfactory results, especially with paint coatings or other materials that exhibit gonioapparent properties. For instance, some materials exhibit a color flop. “Color flop” is a change in the color value, hue or chroma in the appearance of a material when illumination and viewing directions change. Other examples of materials having gonioapparent properties are materials that contain effect pigments like metallic flakes, which create a sparkle effect, or interference flakes, which create a pearlescent effect, and materials that have a non-planar surface microstructure. In such cases, it may not be sufficient to just match colors. Rather, entire appearances need to be matched, including angle-dependent color and texture. Known techniques often fail to provide satisfactory visualizations or measurements to accurately match the appearance of such materials (see Rump [0009]). It is an object of the present invention to provide a method of visualizing the appearances of at least two materials in such a manner that a user can determine with improved confidence whether the appearances of the materials match, without a need of producing physical objects (see Rump [0018]).
Regarding claim 5, McClanahan teaches all the limitations of claim 4, further comprising:
wherein the appearance data includes reflectance data, color data, gloss data, texture parameters, texture images, shortwave values, longwave values, DOI values or a combination thereof (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], The corresponding reference color values of the reference color are then obtained; [0034], Color values refer to color attributes used to qualify a color. The color value may include color space values, reflective values or other suitable color attributes. As one example, color space values are defined by L*, a*, b* where L* represents luminous intensity, a* represents a red/green appearance, and b* represents a yellow/blue appearance. Another example of color space values are those defined by L*, C*, h, where a L* represents lightness, C* represents chroma, and h represents hue; [0035], Color values can be displayed on the monitor but are typically unsuitable for that purpose. Hence, the color values are preferably translated into displayable images. One method for translating the color values into displayable images relates to translating the color values into RGB values. RGB stands for red, green, blue and are the color light sources that cooperate to display color images on screens or monitors. An RGB color is created by mixing the color light sources and RGB equates to the intensities of the mixed red, green, and blue color light sources for the images that are displayed on the monitor; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 6, McClanahan teaches all the limitations of claim 4, further comprising:
wherein generating modified appearance data includes modifying at least part of the appearance data of the provided digital representation with regard to lightness, darkness, color, texture, gloss, clearcoat appearance or a combination thereof (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 7, McClanahan teaches all the limitations of claim 4. Rump further teaches:
wherein step (i-2) further includes: - generating a color image by calculating corresponding color data for each pixel in the created image based on * an ordered list of measurement geometries generated from the digital representation provided in step (i-1) and * the generated modified appearance data, or if at least one L*value included in the modified appearance data is greater than 90 scaled modified appearance data and - optionally adding a texture layer pixel-wise to each generated color image using a lightness scaling factor sL, an aspecular-dependent scaling function Sfaspecuiar and optionally a texture contrast scaling factor sc (Rump Figs. 1-17; [0058], the appearance capture device may be a multi-angle spectrophotometer, which is configured to determine color attributes for a plurality of combinations of illumination and viewing directions; [0071], Each source texture and each destination texture may be represented by two-dimensional image data, which will generally be in the form of an array of pixels, each pixel having a pixel value representative of reflectance at the location of the pixel; [0072], An image can take the form of a two-dimensional array of picture elements (“pixels”), each pixel having a pixel value; a destination texture is created that has similar statistical properties as the source textures while being dissimilar, on a pixel-by-pixel basis; [0120], color attributes may in particular include reflectance values and/or absorption and scattering coefficients of a material at a plurality of wavelengths; [0127], Images include images of actual target surfaces or objects and synthesized images derived from one or more geometric models combined with one or more sets of appearance attributes. An image can take the form of a two-dimensional array of picture elements (“pixels”), each pixel having a pixel value. The pixel value can be representative of reflectance at the location of the pixel at a particular wavelength, averaged over a particular wavelength range, or averaged over all visible wavelengths. Accordingly, in some embodiments, image data can be provided in the form of an array of pixel values; [0131], A “spectrophotometer” is a device for determining the reflection and/or transmission properties of a surface or material as a function of wavelength, i.e., the spectral response of an object, under illumination with visible light; [0146], A technician at the body shop uses a hand-held appearance capture device 52 to determine a set of appearance attributes 54 of a paint coating on an intact vehicle part; [0152], the computer system executes rendering software 108. The rendering software renders a virtual object 72, i.e., it creates a photorealistic digital image of the virtual object 72 based on a geometric model of the surface geometry of the virtual object 72; [0153], The virtual object 72 has first and second portions 72a, 72b that are adjacent to each other. The first portion 72a is rendered using the first instance 56 of the appearance model, while the second portion 72b is rendered using the second instance 66 of the appearance mode; [0154], The technician at the body shop can move the virtual line 74 across the display device 70 using his finger or using a pointing device like a digital pen, a trackpad or a mouse and observe how appearance matches or differs between the first and second instances of the appearance model as rendered on the virtual object 72, i.e., between the appearance of the actual paint coating of the car as measured and the expected appearance of a paint coating that has been prepared according to the candidate recipe; [0170], FIG. 5 shows an exemplary flow diagram illustrating the method of visualizing the appearances of two materials. In step 501, a user (e.g., a technician at the body shop) determines appearance attributes 54 of a target object 50 by measuring light reflectance and/or transmission properties, and optionally texture properties, of the target object with a first appearance capture device 52. In step 502, the appearance capture device 52 transmits these measured appearance attributes to a component of a computer system; [0177], the appearance capture devices 52 and 82 are preferably multi-angle spectrophotometers having imaging capabilities; [0179], the term “measurement array” is understood to mean the sum of the components of the hand-held measurement device which serve to illuminate a measurement spot on the surface of a measurement object and to capture the light reflected by this measurement spot and to convert it into corresponding electrical signals; [0180], The hand-held measurement device shown in FIG. 7 is indicated as a whole by the reference sign HMD. It comprises a housing H which accommodates a measurement array; [0186], The measurement geometry is the reverse of ASTM standards E2194 and E2539, in which two specular illuminations at 15° and 45° and six specular spectral channels at 0°, 30°, 65°, −20°, −30° and −60° are defined for measurements on metallic and pearlescent effect pigments. One additional illumination means 22 at angle −45° is provided for measuring gloss in combination with the pick-up means 31; see also [0023-0024], [0032])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein step (i-2) further includes: - generating a color image by calculating corresponding color data for each pixel in the created image based on * an ordered list of measurement geometries generated from the digital representation provided in step (i-1) and * the generated modified appearance data, or if at least one L*value included in the modified appearance data is greater than 90 scaled modified appearance data and - optionally adding a texture layer pixel-wise to each generated color image using a lightness scaling factor sL, an aspecular-dependent scaling function Sfaspecuiar and optionally a texture contrast scaling factor sc as suggested in Rump into McClanahan. Doing so would be desirable because ], finding a color formulation that matches a given color of a physical object to be color matched (“target object”) can be a tedious process of trial and error (see Rump [0002]). Traditionally, the process of finding a matching recipe has been an entirely manual process. Whether formulating from scratch or modifying a reference recipe, success largely depends on the experience of the color professional who selects the colorants and defines the candidate recipes. Even experienced specialists often need several iterations until a satisfactory match is obtained (see Rump [0004]). Known methods of color matching may not be able to yield satisfactory results, especially with paint coatings or other materials that exhibit gonioapparent properties. For instance, some materials exhibit a color flop. “Color flop” is a change in the color value, hue or chroma in the appearance of a material when illumination and viewing directions change. Other examples of materials having gonioapparent properties are materials that contain effect pigments like metallic flakes, which create a sparkle effect, or interference flakes, which create a pearlescent effect, and materials that have a non-planar surface microstructure. In such cases, it may not be sufficient to just match colors. Rather, entire appearances need to be matched, including angle-dependent color and texture. Known techniques often fail to provide satisfactory visualizations or measurements to accurately match the appearance of such materials (see Rump [0009]). It is an object of the present invention to provide a method of visualizing the appearances of at least two materials in such a manner that a user can determine with improved confidence whether the appearances of the materials match, without a need of producing physical objects (see Rump [0018]).
Regarding claim 8, McClanahan teaches all the limitations of claim 4, further comprising:
further comprising a step of generating with the processor appearance data of the reference coating based on the provided digital representation and presenting the generated appearance data as display image of the reference coating (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 9, McClanahan teaches all the limitations of claim 4, further comprising:
wherein the modified appearance data of the reference coating is generated based on the provided digital representation and a user input being indicative of selecting at least one category being indicative of a visual deviation of the sample coating from the reference coating, wherein the user input is detected by displaying a user interface comprising the at least one category (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 16, McClanahan teaches all the limitations of claim 4, further comprising:
wherein the color data comprises CIEL*a*b* values, CIEL*C*h* values or RGB values (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], The corresponding reference color values of the reference color are then obtained; [0034], Color values refer to color attributes used to qualify a color. The color value may include color space values, reflective values or other suitable color attributes. As one example, color space values are defined by L*, a*, b* where L* represents luminous intensity, a* represents a red/green appearance, and b* represents a yellow/blue appearance. Another example of color space values are those defined by L*, C*, h, where a L* represents lightness, C* represents chroma, and h represents hue; [0035], Color values can be displayed on the monitor but are typically unsuitable for that purpose. Hence, the color values are preferably translated into displayable images. One method for translating the color values into displayable images relates to translating the color values into RGB values. RGB stands for red, green, blue and are the color light sources that cooperate to display color images on screens or monitors. An RGB color is created by mixing the color light sources and RGB equates to the intensities of the mixed red, green, and blue color light sources for the images that are displayed on the monitor; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match; [0058], As shown in FIG. 13, the revised color image is displayed on the monitor next to the reference color image at the same time. The user then visually compares the color differences and is prompted to determine if the displayed revised color image is adequate. The revised color image can be further adjusted until the revised color image is acceptable)
Regarding claim 17, McClanahan teaches all the limitations of claim 5. Rump further teaches:
wherein texture parameters correspond to sparkle characteristics and/or coarseness characteristics (Rump Figs. 1-17; [0058], the appearance capture device may be a multi-angle spectrophotometer, which is configured to determine color attributes for a plurality of combinations of illumination and viewing directions; [0072], a destination texture is created that has similar statistical properties as the source textures while being dissimilar, on a pixel-by-pixel basis; [0120], color attributes may in particular include reflectance values and/or absorption and scattering coefficients of a material at a plurality of wavelengths; [0121], Texture as understood in the present disclosure includes phenomena like coarseness, sparkle, and variations of surface topography. Texture can be described by “texture attributes”. In the context of the present disclosure, the term “texture attributes” is to be understood broadly as encompassing any form of data that is able to quantify at least one aspect of texture. Examples of texture attributes include global texture attributes such as a global coarseness parameter or a global sparkle parameter; [0127], Images include images of actual target surfaces or objects and synthesized images derived from one or more geometric models combined with one or more sets of appearance attributes. An image can take the form of a two-dimensional array of picture elements (“pixels”), each pixel having a pixel value. The pixel value can be representative of reflectance at the location of the pixel at a particular wavelength, averaged over a particular wavelength range, or averaged over all visible wavelengths. Accordingly, in some embodiments, image data can be provided in the form of an array of pixel values; [0131], A “spectrophotometer” is a device for determining the reflection and/or transmission properties of a surface or material as a function of wavelength, i.e., the spectral response of an object, under illumination with visible light; [0146], A technician at the body shop uses a hand-held appearance capture device 52 to determine a set of appearance attributes 54 of a paint coating on an intact vehicle part; [0152], the computer system executes rendering software 108. The rendering software renders a virtual object 72, i.e., it creates a photorealistic digital image of the virtual object 72 based on a geometric model of the surface geometry of the virtual object 72; [0153], The virtual object 72 has first and second portions 72a, 72b that are adjacent to each other. The first portion 72a is rendered using the first instance 56 of the appearance model, while the second portion 72b is rendered using the second instance 66 of the appearance mode; [0154], The technician at the body shop can move the virtual line 74 across the display device 70 using his finger or using a pointing device like a digital pen, a trackpad or a mouse and observe how appearance matches or differs between the first and second instances of the appearance model as rendered on the virtual object 72, i.e., between the appearance of the actual paint coating of the car as measured and the expected appearance of a paint coating that has been prepared according to the candidate recipe; [0170], FIG. 5 shows an exemplary flow diagram illustrating the method of visualizing the appearances of two materials. In step 501, a user (e.g., a technician at the body shop) determines appearance attributes 54 of a target object 50 by measuring light reflectance and/or transmission properties, and optionally texture properties, of the target object with a first appearance capture device 52. In step 502, the appearance capture device 52 transmits these measured appearance attributes to a component of a computer system; [0275], the first appearance capture device may be a multi-angle spectrophotometer that is configured to determine color attributes and only one or a few global texture attributes, e.g., a global coarseness parameter or a global sparkle parameter. In contrast, the available texture attributes for the reference materials and/or for the trial object may include image data for several combinations of illumination and viewing directions. In this case, the texture attributes associated with the target object may be modified to include image data derived from the available image data of the reference materials and/or of the trial object. The image data that will be associated with the target object should of course be consistent with the available measured texture attributes of the target object, e.g., with measured global parameters such as coarseness or sparkle parameters; see also [0023-0024], [0032], [0177-0180], [0186])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein texture parameters correspond to sparkle characteristics and/or coarseness characteristics as suggested in Rump into McClanahan. Doing so would be desirable because ], finding a color formulation that matches a given color of a physical object to be color matched (“target object”) can be a tedious process of trial and error (see Rump [0002]). Traditionally, the process of finding a matching recipe has been an entirely manual process. Whether formulating from scratch or modifying a reference recipe, success largely depends on the experience of the color professional who selects the colorants and defines the candidate recipes. Even experienced specialists often need several iterations until a satisfactory match is obtained (see Rump [0004]). Known methods of color matching may not be able to yield satisfactory results, especially with paint coatings or other materials that exhibit gonioapparent properties. For instance, some materials exhibit a color flop. “Color flop” is a change in the color value, hue or chroma in the appearance of a material when illumination and viewing directions change. Other examples of materials having gonioapparent properties are materials that contain effect pigments like metallic flakes, which create a sparkle effect, or interference flakes, which create a pearlescent effect, and materials that have a non-planar surface microstructure. In such cases, it may not be sufficient to just match colors. Rather, entire appearances need to be matched, including angle-dependent color and texture. Known techniques often fail to provide satisfactory visualizations or measurements to accurately match the appearance of such materials (see Rump [0009]). It is an object of the present invention to provide a method of visualizing the appearances of at least two materials in such a manner that a user can determine with improved confidence whether the appearances of the materials match, without a need of producing physical objects (see Rump [0018]).
Regarding claim 18, McClanahan teaches all the limitations of claim 6, further comprising:
wherein modifying at least part of the appearance data comprises using predefined color space distance values and/or texture distance values or comprises adding a predefined appearance layer to at least part of the appearance data (McClanahan Figs. 1-14; [0032], The reference color can be chosen by a variety of different processes, including utilizing a color book, a color tool, a spectrophotometer, or spaying a sample of the reference color; [0033], The corresponding reference color values of the reference color are then obtained; [0034], Color values refer to color attributes used to qualify a color. The color value may include color space values, reflective values or other suitable color attributes. As one example, color space values are defined by L*, a*, b* where L* represents luminous intensity, a* represents a red/green appearance, and b* represents a yellow/blue appearance. Another example of color space values are those defined by L*, C*, h, where a L* represents lightness, C* represents chroma, and h represents hue; [0035], Color values can be displayed on the monitor but are typically unsuitable for that purpose. Hence, the color values are preferably translated into displayable images. One method for translating the color values into displayable images relates to translating the color values into RGB values. RGB stands for red, green, blue and are the color light sources that cooperate to display color images on screens or monitors. An RGB color is created by mixing the color light sources and RGB equates to the intensities of the mixed red, green, and blue color light sources for the images that are displayed on the monitor; [0038], As shown in the illustrated embodiment, there are two separate columns of virtual adjustment tools. One column is labeled as "UP" and the other column is labeled as "DOWN". The UP and DOWN columns relate to the visual orientation of the color image. In particular the UP column correlates to a substantially perpendicular view of the part being painted and the DOWN column relates to a nearly parallel view of the part being painted. Each of the UP and DOWN columns includes similar adjustment scales. In particular there is an adjustment scale relating to "Darker" and "Lighter". There is also an adjustment scale for adjusting between "Greener" and "Redder" color images. Further, there is an adjustment scale for adjusting the color between "Bluer" and "Yellower" color images. Finally, there is an adjustment scale for varying between "Finer" and "Coarser" color values; [0039], five different parameters between the displayed referenced color image and the actual color have been adjusted; [0040], The slider bars will then automatically move and the display of the revised color image (discussed below) will automatically change in response to the modifications/tinting of the formula by the user, such as shown in FIGS. 5 and 6; [0057], the subject invention as shown in FIGS. 11 and 12 creates a virtual paint room where the user can input a number of color differences between the displayed reference color image and the actual color in order to locate a color match)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Masuda (US 20040239928 A1) see Figs. 1-9 and [0147].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T REPSHER III whose telephone number is (571)272-7487. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Welch can be reached at (571) 272-7212. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN T REPSHER III/ Primary Examiner, Art Unit 2143
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