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 .
Response to Amendment
The preliminary amendment filed on 10/29/2024 has been entered. Claims 14, 15 were amended and claim 13 was cancelled. Claims 1-12, 14, 15 remain pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202210476183.9, filed on 04/29/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/02/2024, 03/07/2025 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12, 14, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mallick (US 2012/0075331 A1).
Regarding claims 1, 14, and 15, Mallick teaches An image processing method (Mallick, [0020-0021], reproduced below:
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. “Output image” shows “image processing method”), comprising:
in response (Mallick, see nearest image above, “user interface” shows responses are received) to a received special effect configuration triggering operation (Mallick, see nearest image above, “allow a user to select a target hair color”, which is being interpreted to involve a ”special effect configuration triggering operation”) for configuring a hair highlight special effect (Mallick, see nearest image above, “allow a user to select a target hair color”. “Target hair color” is being interpreted as involving “a hair highlight special effect”. Also see Figure 3, which shows the interface allowing a user to choose hair colors),
displaying a highlight special effect configuration interface (Mallick, Figure 3, reproduced below:
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. [0020] also shows “user interface”, Figure 3 shows an example “highlight special effect configuration interface”), wherein the highlight special effect configuration interface displays an image preview region (Mallick, Figure 3, the box containing 328 is being interpreted as an example “image preview region”) and at least one highlight configuration item (Mallick, Figure 3, item 340 shows examples of at least one highlight configuration item), and
the highlight configuration item at least comprises a region configuration item for configuring a dyeing region (Mallick, Figure 3, item 306, “Foreground” is being interpreted as region configuration item for configuring a dyeing region, as seen in [0018]);
displaying an image to be processed for configuring the hair highlight special effect (Mallick, Figure 3, “Apply color” row shows options for hair highlight special effect) in the image preview region (Mallick, Figure 3, the right shows item 328 includes the image preview region); and
receiving a dyeing region configuration parameter input (Mallick, Figure 3, “Apply Color” shows options for “dyeing region configuration parameter input” as the user can choose the input) based on the region configuration item (Mallick, Figure 3, “Foreground” is the region selected, otherwise the entire image would receive the color change), and displaying a dyed preview image (Mallick, Figure 3, the box containing item 328 involves an example “dyed preview image”) after dyeing a target dyeing region (Mallick, Figure 3, the box containing item 328 involves an example of a target dyeing region, the foreground) corresponding to the dyeing region configuration parameter (Mallick, Figure 3, “Apply Color” shows options for “dyeing region configuration parameter”) in the image to be processed in the image preview region (Mallick, Figure 3, the box containing item 328 shows the applied color being previewed in the image).
Regarding claim 2, Mallick teaches The image processing method according to claim 1, wherein displaying the image to be processed for configuring the hair highlight special effect in the image preview region comprises:
receiving an image upload operation input (Mallick, Figure 3, top-left area has item 304 which contains the “Select Image” and “Browse” button. The Browse button is being interpreted as involving an image upload operation input) based on an image upload control (Mallick, Figure 3, top-left area has item 304 which contains the “Select Image” and “Browse” button. The Browse button is being interpreted as involving an image upload control as the user will select the image) in the image preview region (Mallick, Figure 3, item 302 is being interpreted as an example image preview region), displaying an uploaded image in the image preview region (Mallick, Figure 3, item 302 is being interpreted as an example image preview region that displays a uploaded image), and taking the uploaded image as the image to be processed for configuring the hair highlight special effect (Mallick, Figure 3, right-side, Item 328 is being interpreted as involving taking the uploaded image, then using that for the hair highlight special effect. Examiner notes this is part of an “or” statement, so only one will be addressed); or,
receiving a video upload operation input based on a video upload control in the image preview region, displaying an uploaded video in the image preview region, and taking an image in the uploaded video that meets a preset condition as the image to be processed for configuring the hair highlight special effect.
Regarding claim 3, Mallick teaches The image processing method according to claim 1, wherein the highlight configuration item further comprises at least one of a color configuration item (Mallick, Figure 3, “Apply Color” row with color selections are being interpreted as involving “color configuration item”) and a transparency configuration item (Mallick, [0030]: “Calculating the matte may include calculating an alpha mask for the starting image”. “Alpha mask” is being interpreted as involving “transparency”, as one with ordinary skill in the art would know).
Regarding claim 4, Mallick teaches The image processing method according to claim 3, further comprising:
receiving a color configuration operation input (Mallick, Figure 3, item 330 is being interpreted as an example “color configuration operation input” that the user chooses) based on the color configuration item (Mallick, Figure 3, item 330 is being interpreted as an example “color configuration operation input item”);
displaying the dyed preview image (Mallick, Figure 3, preview image 328 is being interpreted as dyed preview image that is displayed) after dyeing the target dyeing region (Mallick, Figure 3, preview image 328 is being interpreted as dyed preview image that is displayed with target dyeing region. Here item 338 was chosen) corresponding to the dyeing region configuration parameter (Mallick, Figure 3, item 338 is being interpreted as involving dyeing region configuration parameter) in the image to be processed in the image preview region comprises:
in the image preview region (Mallick Figure 3, right side, item 328 is being interpreted as involving image preview region), displaying the dyed preview image (Mallick, Figure 3, right side, item 328 is being interpreted as involving displaying the dyed preview image) after applying a target color (Mallick, Figure 3, item 334 is being interpreted as involving “a target color”) corresponding to the color configuration operation (Mallick, Figure 3, “Apply Color” is being interpreted as involving “color configuration operation”) to the target dyeing region (Mallick, Figure 3, the right image where only the hair was dyed when compared with the left image is being interpreted as the target dyeing region) corresponding to the dyeing region configuration parameter in the image to be processed (Mallick, Figure 3, item 334 is being interpreted as involving “dyeing region configuration parameter”).
Regarding claim 5, Mallick teaches The image processing method according to claim 3, further comprising:
receiving a transparency configuration operation input (Mallick, see nearest image below, “alpha values” are being interpreted as involving “transparency configuration operation input”, as [0007] mentions a “semitransparent mask”) based on the transparency configuration item (Mallick, [0024], reproduced below:
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. “alpha values” are being interpreted as having “transparency configuration item”.);
displaying the dyed preview image (Mallick, Figure 3, right image is being interpreted as displaying the dyed preview image) after dyeing the target dyeing region (Mallick, Figure 3, right image is being interpreted as displaying the dyed preview image after one of the “Apply Color” colors was applied) corresponding to the dyeing region configuration parameter (Mallick, Figure 3, the hair region was color changed instead of the entire image) in the image to be processed in the image preview region (Mallick, Figure 3, which shows the “image to be processed” was selected from the “Select Image” section, then also previewed) comprises:
in the image preview region (Mallick, Figure 3, right image is being interpreted as an example image preview region), displaying the dyed preview image (Mallick, Figure 3, right image is being interpreted as displaying the dyed preview image) after applying a target color transparency (Mallick, see [0024] image above, “alpha values” involved with “colored image contribution” is being interpreted as having “target color transparency”) corresponding to the transparency configuration operation (Mallick, see [0024] image above, “alpha values”) to a target color dyed in the target dyeing region (Mallick, Figure 3, “Apply Color” shows examples of “target color dyed”. The hair color change for the right shows “target dyeing region”) corresponding to the dyeing region configuration parameter in the image to be processed (Mallick, Figure 3, the hair region that has color changed is being interpreted as involving “dyeing region configuration parameter”, otherwise the entire image would have a color change).
Regarding claim 6, Mallick teaches The image processing method according to claim 1, after receiving the dyeing region configuration parameter input based on the region configuration item, and before displaying the dyed preview image after dyeing the target dyeing region corresponding to the dyeing region configuration parameter in the image to be processed in the image preview region, the method further comprising:
obtaining a region mask texture map (Figure 2B, item 256 is being interpreted as “a region mask texture map”) corresponding to the dyeing region configuration parameter (Mallick, [0055]: “ Calculated foreground area 256 corresponds to hair region 204 of starting image 200”. “Calculated” shows a parameter was used. Foreground area 256 is being interpreted as involving “dyeing region configuration parameter”), determining the target dyeing region (Mallick, Figure 2B, item 256 is being interpreted to involve a target dyeing region, see Figure 3 for the results of the target dyeing region selection with the right side image) corresponding to the dyeing region configuration parameter (Mallick, [0055]: “ Calculated foreground area 256 corresponds to hair region 204 of starting image 200”. “Calculated” shows a parameter was used. Foreground area 256 is being interpreted as involving “dyeing region configuration parameter”) in the image to be processed (Mallick, Figure 2A is being interpreted as an example of “the image to be processed”) according to the region mask texture map (Mallick, Figure 2B, the item 256 is being interpreted as involving the region mask texture map), and performing dyeing processing on the target dyeing region (Figure 3, image in item 328 is being interpreted as that target dyeing region having performed dyeing processing on), to generate a dyed preview image (Mallick, Figure 3, right image, is being interpreted as an example dyed preview image).
Regarding claim 7, Mallick teaches The image processing method according to claim 6, wherein the target mask texture map comprises a mask texture map of all hair regions (Mallick, see [0055] image below, “foreground area 256 corresponds to hair region” is being interpreted as involving “a mask texture map of all hair regions”) and a mask texture map of at least one local hair region (Mallick, [0055], reproduced below:
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. “boundary regions between calculated foreground area and calculated background area” are being interpreted as an example “local hair region” that has a “mask texture map”).
Regarding claim 8, Mallick teaches The image processing method according to claim 6, wherein performing dyeing processing on the target dyeing region comprises:
determining a facial mask texture map of a facial region in the image to be processed (Mallick, [0054], reproduced below:
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. “non-hair potions of subject” is being interpreted as involving “facial mask texture map of a facial region”. Another example can be seen in Figure 8, left side, that captures the contour of the face), and performing dyeing processing on the target dyeing region according to the facial mask texture map (Mallick, see nearest image above, “The user interface may be further configured to allow the user to select a partial region of an image containing a subject on which to perform the digital hair coloring procedure”. “Digital hair coloring procedure” is being interpreted as involving “the target dyeing region”. Choosing to only dye the hair region is being interpreted as dyeing the hair “according to the facial texture map” as a way to avoid dyeing the face, to dye the face, or to partially dye both face and non-face regions).
Regarding claim 9, Mallick teaches The image processing method according to claim 8, wherein performing dyeing processing on the target dyeing region according to the facial mask texture map comprises:
determining an overlapping region between the target dyeing region and the facial mask texture map (Mallick, [0055]: “Matte 250 may further define calculated boundary area 254 corresponding to boundary regions between calculated foreground area 256 and calculated background area 252.”. “Foreground area” is being interpreted as “target dyeing region”. “Background area” is being interpreted as involving the “facial mask texture map”. “Boundary area” is being interpreted as involving “overlapping region” between hair and face), and performing dyeing processing on a region of the target dyeing region other than the overlapping region (Mallick, [0054]: “The user interface may be further configured to allow the user to select a partial region of an image containing a subject on which to perform the digital hair coloring procedure”. Which is being interpreted as dyeing the hair only if the user selects that region, which may avoid the overlapping region).
Regarding claim 10, Mallick teaches The image processing method according to claim 9, wherein performing dyeing processing on the region of the target dyeing region other than the overlapping region comprises:
for each pixel in the region of the target dyeing region other than the overlapping region (Mallick, [0022], reproduced below:
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. “Person’s hair” is being interpreted as involving “for each pixel in the region of the target dyeing region other than the overlapping region”), fusing (Mallick, see nearest image above, “resulting color” is being interpreted as involving “fusing”) an original color value of the pixel (Mallick, see nearest image above, “starting color” is being interpreted as “an original color value of the pixel”) with a color value of a color to be dyed (Mallick, “target color distribution” is being interpreted to involve “color value of a color to be dyed”) in the target dyeing region (Mallick, see nearest image above, “person’s hair”), to obtain a target color value of the pixel (Mallick, see nearest image above, “target color” and “resulting color” show a “target color value of the pixel” is involved.).
Regarding claim 11, Mallick teaches The image processing method according to claim 10, wherein fusing the original color value of the pixel with the color value of the color to be dyed in the target dyeing region comprises:
fusing (Mallick, see nearest image below, “nonlinear transformation”) the original color value of the pixel (Mallick, see nearest image below, “original image” is being interpreted as having “original color value of the pixel”) with the color value of the color to be dyed in the target dyeing region (Mallick, see nearest image below, “target color”) according to a preset fusion operation rule (Mallick, see nearest image below, “A nonlinear transformation from the original image to the target color” is being interpreted as involving “the preset fusion operation rule”), wherein the preset fusion operation rule (Mallick, see nearest image below, “A nonlinear transformation from the original image to the target color” is being interpreted as involving “the preset fusion operation rule”) comprises at least one of sum operation (Mallick, [0035], reproduced below:
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. “Principal component analysis” is being interpreted as involving at least one sum operation, as at least an average is determined as part of it, as one with ordinary skill in the art would know. Examiner notes that this claim limitation is part of an “or” statement, so only one of the items will be addressed.), weighted sum operation, product operation, and weighted product operation.
Regarding claim 12, Mallick teaches The image processing method according to claim 6, further comprising at least one of the following:
adjusting the color to be dyed in the target dyeing region (Mallick, Figure 3, which shows the left image with an example original image having the hair color change, or dyed, to the right target color image) according to a preset color adjustment curve (Mallick, [0101]: “The mapping H may be stored as three look up tables”, which is being interpreted as involving “a preset color adjustment curve”);
adjusting a color of the target dyeing region after dyeing (Mallick, Figure 3, the “Apply Color” row has several options for changing color so that the user may change the hair color again after the first color change) according to a preset color adjustment curve (Mallick, [0101]: “The mapping H may be stored as three look up tables”, which is being interpreted as involving “a preset color adjustment curve”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kim et al (“New image processing algorithm towards more realistic expression on hair coloring”, Jan 2022) discloses a method on changing hair color in images.
Wei et al (“Hairclip: Design your hair by text and reference image”, Mar 2022) discloses user controlled changing of hair color.
Ubaid et al ("Beard and hair detection, segmentation and changing color using mask R-CNN”, Apr 2022) discloses hair region segmentation and color change.
Lin (US 2020/0357178 A1, 2019) discloses hair region detection (interpreted from “eyebrows”) and color change.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHNNY B DUONG whose telephone number is (571)272-1358. The examiner can normally be reached Monday - Thursday 10a-9p (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at (571)272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.B.D./Examiner, Art Unit 2667
/MATTHEW C BELLA/Supervisory Patent Examiner, Art Unit 2667
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