DETAILED ACTION
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 § 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.
Claim(s) 1-13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiohara, US 2005/0206775.
In regard to claim 1, Shiohara, US 2005/0206775, discloses a method for generating a digital data file (see figure 69: plural data formats) representative of information received by an image sensor (see figure 12, element 12) of an optical device (see figure 2, element 11) of a color camera, wherein the method comprises:
- registering a monochrome mode selected by a user via a human-machine interface (see para 71, 74, and 75: the user selects a menu of the GUI for selecting a monochromatic photographic operation from either a color photographing operation or black/white photographing operation);
receiving, by the image sensor comprising a multitude of photosites, luminous intensity through an optical device comprising a color filter intended to form a color image (see para 51);
- calculating an estimate of a monochrome luminous intensity that would be received by all or some of the photosites or groups of photosites of the image sensor, without the presence of the color filter of the optical device (see figure 5 and para 72);
- storing a digital file representative of the monochrome image perceived by the image sensor, comprising, for all or some of the photosites or groups of photosites of the image sensor, a digital datum representative of the received monochrome luminous intensity, without a color filter, resulting from the calculating of the estimate (see para 56: the digital image file is written into the memory 17).
In regard to claim 2, Shiohara, US 2005/0206775, discloses the method as claimed in claim 1, wherein the calculating of the estimate of the monochrome luminous intensity received by a given photosite takes into account a luminous intensity received by a plurality of adjacent photosites of the image sensor (see para 72).
In regard to claim 3, Shiohara, US 2005/0206775, discloses the method as claimed in claim 2, wherein the calculating of the estimate of the monochrome luminous intensity received by the given photosite;
-considers the monochrome luminous intensity to be equal to the maximum luminous intensity received from said plurality of adjacent photosites, or
- calculates the monochrome luminous intensity by means of a weighted sum as a function of a color of the luminous intensity received by the plurality of adjacent photosites (see para 72).
In regard to claim 4, Shiohara, US 2005/0206775, discloses the method as claimed in claim 1, wherein the calculating the estimate comprises:
- transferring to a preprocessing unit (see figure 2, element 13) an electrical signal representative of a quantity of photons received by at least one photosite of the image sensor (see para 52-53); and
- following reception of electrical signals representative of the quantity of photons received by the at least one photosite and a few adjacent photosites of the image sensor, calculating gradually as the electrical signals are received an estimate of the monochrome luminous intensity received by said at least one photosite (see para 72); and
- storing in the digital file a digital datum representative of the monochrome luminous intensity received by the at least one photosite (see para 59); or
- calculating an estimate of a monochrome luminous intensity received by some or all of the photosites or groups of photosites of the image sensor after receiving electrical signals representative of the quantity of photons received by each photosite of the image sensor (see para 72).
In regard to claim 5, Shiohara, US 2005/0206775, discloses the method as claimed in claim 1, wherein the digital file representative of the monochrome image perceived by the image sensor is a RAW type raw digital file (see para 69).
In regard to claim 6, Shiohara, US 2005/0206775, discloses the method as claimed claim 5, wherein the raw digital file comprises for some or all of the photosites or groups of photosites of the image sensor the digital datum representative of the monochrome luminous intensity at least 12 bits in size, in particular 12 bits or 14 bits or 16 bits in size (see para 52 and 72).
In regard to claim 7, Shiohara, US 2005/0206775, discloses the method as claimed in claim 1, wherein the digital file representative of the monochrome image perceived by the image sensor further comprises some or all of the following information:
- a digital datum relating to the modification of the response curve of the pixels (tone curve) (see para 53:in this case, gamma correction modifies tone curve);
- a digital datum relating to a modification of the response of the pixels according to the frequency of the light captured by the latter;
- a digital datum relating to a modification of the response of the pixels according to the spatial organization of the image captured by the image sensor.
In regard to claim 8, Shiohara, US 2005/0206775, discloses a method of generating a monochrome photograph, comprising:
- performing the method as claimed in claim 1, for generating a raw digital data file representative of the information received by an image sensor of a color camera (see claim 1 above) , and
-transmitting the digital data from the digital data file to a processing unit that transforms a raw digital data file into another format that is viewable (see para 54 and 78; figure 5: displaying images of LCD 18).
In regard to claim 9, since Shiohara, US 2005/0206775, discloses a camera and its method of operation as described above in regard to claim 1, the camera of claim 9 is also disclosed (see claim 1 above).
In regard to claim 10, Shiohara, US 2005/0206775, discloses the camera as claimed in claim 9, wherein the human-machine interface comprises a two-position actuator, the actuator having two positions respectively corresponding to the color and monochrome operating modes, and in that it optionally comprises an indicator of the operating mode selected (see para 71 and figure 3A, elements 38-41).
In regard to claim 11, Shiohara, US 2005/0206775, discloses the camera as claimed in claim 10, wherein the software module is configured to perform a method for generating a digital data file representative of information received by an image sensor of an optical device of a color camera, wherein the method comprises:
- registering a monochrome mode selected by a user via a human-machine interface (see para 71, 74, and 75: the user selects a menu of the GUI for selecting a monochromatic photographic operation from either a color photographing operation or black/white photographing operation);
receiving, by the image sensor comprising a multitude of photosites, luminous intensity through an optical device comprising a color filter intended to form a color image (see para 51);
- calculating an estimate of a monochrome luminous intensity that would be received by all or some of the photosites or groups of photosites of the image sensor, without the presence of the color filter of the optical device (see figure 5 and para 72);
- storing a digital file representative of the monochrome image perceived by the image sensor, comprising, for all or some of the photosites or groups of photosites of the image sensor, a digital datum representative of the received monochrome luminous intensity, without a color filter, resulting from the calculating of the estimate (see para 56: the digital image file is written into the memory 17), and
wherein the camera comprises a pre-processing unit (see figure 2, element 13) adapted to convert electrical signals coming from the photosites of the image sensor into digital data representative of a monochrome luminous intensity to form a raw digital file (see para 52-53) and a separate image signal processor ISP (see figure 2, element 14) for transforming the raw digital file into a viewable digital file (see para 53-54).
In regard to claim 12, Shiohara, US 2005/0206775, discloses the camera as claimed in claim 10, wherein the two-position actuator is a pushbutton or a slider (see para 71 and figure 3A, elements 38-41).
In regard to claim 13, Shiohara, US 2005/0206775, discloses the camera as claimed in claim 10, further comprises an indicator of the operating mode (see figure 5, element 62 and para 78).
In regard to claim 16, Shiohara, US 2005/0206775, discloses the method as claimed in claim 2, wherein the calculating of the estimate comprises:
- transferring to a preprocessing unit (see figure 2, element 13) an electrical signal representative of a quantity of photons received by at least one photosite of the image sensor (see para 52-53); and
- following reception of electrical signals representative of the quantity of photons received by the at least one photosite and a few adjacent photosites of the image sensor, calculating gradually as the electrical signals are received an estimate of the monochrome luminous intensity received by said at least one photosite (see para 72); and
- storing in the digital file a digital datum representative of the monochrome luminous intensity received by the at least one photosite (see para 59); or
- calculating an estimate of a monochrome luminous intensity received by some or all of the photosites or groups of photosites of the image sensor after receiving electrical signals representative of the quantity of photons received by each photosite of the image sensor (see para 72).
In regard to claim 17, Shiohara, US 2005/0206775, discloses the method as claimed in claim 3, wherein the calculating of the estimate comprises:
- transferring to a preprocessing unit (see figure 2, element 13) an electrical signal representative of a quantity of photons received by at least one photosite of the image sensor (see para 52-53); and
- following reception of electrical signals representative of the quantity of photons received by the at least one photosite and a few adjacent photosites of the image sensor, calculating gradually as the electrical signals are received an estimate of the monochrome luminous intensity received by said at least one photosite (see para 72); and
- storing in the digital file a digital datum representative of the monochrome luminous intensity received by the at least one photosite (see para 59); or
- calculating an estimate of a monochrome luminous intensity received by some or all of the photosites or groups of photosites of the image sensor after receiving electrical signals representative of the quantity of photons received by each photosite of the image sensor (see para 72).
In regard to claim 18, Shiohara, US 2005/0206775, discloses the method as claimed in claim 2, wherein the digital file representative of the monochrome image perceived by the image sensor is a RAW type raw digital file (see para 69).
In regard to claim 19, Shiohara, US 2005/0206775, discloses the method as claimed in claim 3, wherein the digital file representative of the monochrome image perceived by the image sensor is a RAW type raw digital file (see para 69).
In regard to claim 20, Shiohara, US 2005/0206775, discloses the method as claimed in claim 4, wherein the digital file representative of the monochrome image perceived by the image sensor is a RAW type raw digital file (see para 69).
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.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiohara, US 2005/0206775.
In regard to claim 14, Shiohara, US 2005/0206775, discloses the method as claimed in claim 5, but does not specifically disclose wherein the raw digital file comprises for some or all of the photosites or groups of photosites of the image sensor the digital datum representative of the monochrome luminous intensity at least 14 bits in size.
The Shiohara reference teaches increasing the bit length increases the image quality and image sensor with a wide latitude can be quantized to obtain a digital signal having la longer lit length (see para 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to try longer bit lengths to modify Shiohara, US 2005/0206775, to have the image sensor the digital datum representative of the monochrome luminous intensity at least 14 bits in size, in order to obtain a higher quality image.
In regard to claim 15, Shiohara, US 2005/0206775, discloses the method as claimed in claim 5, but does not specifically disclose wherein the raw digital file comprises for some or all of the photosites or groups of photosites of the image sensor the digital datum representative of the monochrome luminous intensity at least 16 bits in size.
The Shiohara reference teaches increasing the bit length increases the image quality and image sensor with a wide latitude can be quantized to obtain a digital signal having la longer lit length (see para 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to try longer bit lengths to modify Shiohara, US 2005/0206775, to have the image sensor the digital datum representative of the monochrome luminous intensity at least 16 bits in size, in order to obtain a higher quality image.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015/0146037, discloses an imaging device the produces a monochrome image and a color image. US 2015/0092992, discloses an imaging device that produces a monochrome image from a color image. US 2003/0025814, discloses an imaging device that produces an monochrome images.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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