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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: obtainment unit, adjustment unit, and disposition unit in claim 1; adjustment unit in claim 2; switching unit in claim 6; switching unit and adjustment unit in claims 7-8; first reception unit in claim 9; adjustment unit in claim 10; second reception unit in claim 11; adjustment unit in claim 12; obtainment unit, adjustment unit, and disposition unit, second obtainment unit, second adjustment unit, and superimposition unit in claim 13; generation unit in claim 15; display unit, obtainment unit, adjustment unit, and disposition unit in claim 18.
Claim 1, “obtainment unit configured to obtain a seamless texture…” The corresponding structure in the disclosure for performing the claimed unit function to obtain, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 1, “adjustment unit configured to adjust the size of the seamless texture…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 1, “disposition unit configured to dispose …” The corresponding structure in the disclosure for performing the claimed unit function to dispose, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 2, “adjustment unit adjusts the size of the seamless texture…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…adjusts…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 6, “switching unit configured to switch whether to perform the adjustment…” The corresponding structure in the disclosure for performing the claimed unit function to switch, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 7, 8, and 10 “adjustment by the adjustment unit…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “adjustment…unit…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claims 7 and 8, “switching unit switches whether to perform the adjustment…” The corresponding structure in the disclosure for performing the claimed unit function to switch, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…switches…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 9, “first reception unit configured to receive…” The corresponding structure in the disclosure for performing the claimed unit function to receive, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 11, “second reception unit configured to receive…” The corresponding structure in the disclosure for performing the claimed unit function to receive, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 12, “adjustment unit adjusts the size of the seamless texture…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…adjusts…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “obtainment unit obtains a first pattern …” The corresponding structure in the disclosure for performing the claimed unit function to obtain, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…obtains…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “adjustment unit adjusts the size…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…adjusts…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “disposition unit arranges the adjusted first pattern…” The corresponding structure in the disclosure for performing the claimed unit function to dispose, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…arranges…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “second obtainment unit configured to obtain a second pattern…” The corresponding structure in the disclosure for performing the claimed unit function to obtain, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “second adjustment unit configured to adjust…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit…configured to…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 13, “superimposition unit configured to superimpose…” The corresponding structure in the disclosure for performing the claimed unit function to superimpose, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit… configured to …” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 15, “generation unit configured to generate the illumination pattern…” The corresponding structure in the disclosure for performing the claimed unit function to generate, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit… configured to …” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 18, “display unit configured to display the image data …” The corresponding structure in the disclosure for performing the claimed unit function to display, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “unit… configured to …” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 18, “obtainment of the seamless texture by the obtainment unit…” The corresponding structure in the disclosure for performing the claimed unit function to obtain, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “obtainment …unit…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 18, “adjustment of the size of the seamless texture by the adjustment unit…” The corresponding structure in the disclosure for performing the claimed unit function to adjust, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “adjustment…unit …” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Claim 18, “disposition by the disposition unit are executed …” The corresponding structure in the disclosure for performing the claimed unit function to dispose, “printed material production application 200 is implemented as the Web application 131 that operates on the Web browser 118 of the client terminal 110…Fig. 2 is a diagram illustrating a functional configuration of the printed material production application 200. As illustrated in the diagram, the printed material production application 200 includes a seamless texture obtainment unit 211, a resizing unit 212, a tiling unit 213, and the like.” (paragraphs 41-42). Therefore, the interpretation of the “disposition…unit…” is a hardware portion of a terminal device programmed with the corresponding algorithm(s) to perform the respective functions and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2-3, 11 and 16-17 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.
Claim 2 recites the limitation "an end part of the disposition region…the end part" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. This is because it’s unclear if “an end part of the disposition region” in claim 2 is the same as “an end part of a predetermined disposition region” from claim 1 and what the subsequent “the end part” is referring to.
Claim 3 recites the limitation "the end part" in line 1. There is insufficient antecedent basis for this limitation in the claim. This is unclear for what “end part” is being referred to since two instances of end parts were recited in claim 1.
Claims 11 and 16-17 rejected under 35 U.S.C. 112(b) since they depend on a claim that is rejected under rejected under 35 U.S.C. 112(b).
Note. Most likely these claims depend on some dependent claim or are missing elements.
In order to fix this issue, dependency should be reviewed and any first instance of an element
should be made clear that it’s a first instance and should be referred to as “a” or “an” instead of
“the”, and if multiple instances exist, further instances should be further distinguished for example by saying “first”, “second”, and/or “third” etc.
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) 1-5, 11 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (U.S. Patent Application Publication No. 20190080484), hereinafter referenced as Liu in view IMG online (Make seamless texture online), hereinafter referenced as IMG.
Regarding claim 1, Liu teaches an information processing apparatus comprising: (fig. 25 reference 2502 teaches a computer); an obtainment unit configured to obtain (paragraph 104 teaches "database 2616 may be part of, or connected directly to, client 2602 instead of communicating/obtaining the information from database 2616 across network 2604" and paragraph 105 teaches "Generally, these components 2600-2616 all comprise logic and/or data that is embodied in/or retrievable from device"); since database 2616 is configured to obtain it is considered obtainment unit; an adjustment unit configured to adjust (paragraph 63 teaches "Adjusting the content of the generated texture 208 is possible by two approaches. First, when the shuffling is performed, the horizontal and vertical cuts don't have to go through the center of the sample unit"); since sample unit works in adjusting it is considered the adjustment unit; and a disposition unit configured to dispose (paragraph 91 teaches "the texture unit may then be used to generate a tiled image by repeatedly utilizing the texture unit as a tile."); texture unit performs tiling thus acts as disposition unit which is consistent with the applicant's disclosure paragraph 52 which states "The tiling unit (the disposition unit)213 tiles(dispose) the seamless texture".
However, Liu fails to explicitly teach obtain a seamless texture that is an image object in a predetermined size unit; adjust the size of the seamless texture so that the seamless texture is continuous between an end part of a predetermined disposition region of image data as a printing target and an end part of an adjacent region that is adjacent to the end part in a case where the seamless texture is arranged side by side in the disposition region; dispose the seamless texture adjusted by the adjustment unit side by side in the disposition region.
However, IMG explicitly teaches obtain a seamless texture that is an image object in a predetermined size unit (IMG, bottom of page 2 (step 1) teaches selecting an image and top of page 3 (step 2) teaches creating a seamless texture); creating seamless texture means it would be obtained, this is based on input image thus image object, and predetermined size unit would be the pixel size of the image; adjust the size of the seamless texture so that the seamless texture is continuous between an end part of a predetermined disposition region of image data as a printing target and an end part of an adjacent region that is adjacent to the end part in a case where the seamless texture is arranged side by side in the disposition region (IMG, page 3, step 3 shows "Pre-crop image in pixels" and page 2, shows top image with texture arranged side by side (end parts of tiled/disposition region and adjacent region) turned into bottom image seamless texture side by side in disposition/tiled region); one of ordinary skill in the art would understand images (image data) are used for printing target, cropping would adjust size of seamless texture, and this is shown in the image to be continuous, also, Liu paragraph 87 mentions "the continuous pixels of each of the multiple parts move to borders of the shuffled sample unit."; dispose the seamless texture adjusted by the adjustment unit side by side in the disposition region (IMG, page 2 teaches "You will get processed texture and tile to check it seamlessness." and page 3, step 2 teaches "Tile format for checking the seamlessness: 2x2"); this shows to dispose/tile the seamless texture that was adjusted above by the adjustment unit side by side in tiled/disposition region. IMG is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of seamless texturing with various configurations and settings. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s invention with the adjustment, tiling and seamless texture techniques of IMG to compute the optimized cut line (Liu, paragraph 59) to further optimize the quality of the resultant texture unit (Liu, paragraph 36). This would also be done by the improved view caused by the seamless texture techniques in IMG.
Regarding claim 2, the combination of Liu and IMG teaches wherein in a case where the seamless texture is a pattern with a period, the adjustment unit adjusts the size of the seamless texture so that the period of the pattern is maintained between an end part of the disposition region and an adjacent region that is adjacent to the end part in a case where the seamless texture is arranged side by side in the disposition region (IMG, page 2, top and bottom image shows seamless texture as design pattern with a period/interval and undergoing adjustment of size of seamless texture); this shows period of pattern maintained between end part of disposition/tiled region and adjacent region in a side by side case. The same motivations used in claim 1 apply here in claim 2.
Regarding claim 3, the combination of Liu and IMG teaches wherein the end part is an end part in an arrangement direction in a case where a printed material on which the image data is printed is posted (IMG, page 1, top image and page 2 top image show end part of images arranged as top-bottom and side-side indicative of an arrangement direction); this shows printed material (the design) on the image printed and posted on the display (thus in a case where such exists). The same motivations used in claim 1 apply here in claim 3.
Regarding claim 4, the combination of Liu and IMG teaches wherein the disposition region is a region including entirety from one end to the other end of a printed material in a case where the image data is printed (IMG, page 2, top image shows the image disposed/tiled into top-bottom regions); each of these regions extend from one end of printed material (the design) to the other end of where the image data is printed onto the display. The same motivations used in claim 1 apply here in claim 4.
Regarding claim 5, the combination of Liu and IMG teaches wherein the disposition region is a partial region of a printed material on which the image data is printed (IMG. page 2, top image shows the image disposed/tiled into four regions); this shows disposition region is a partial region (quadrant) of printed material (the design) of where the image data is printed onto the display. The same motivations used in claim 1 apply here in claim 5.
Regarding claim 11, the combination of Liu and IMG teaches further comprising a second reception unit configured to receive selection of the arrangement direction (Liu, abstract teaches "shuffled sample unit is generated by moving each of the multiple parts to a center-symmetric position based on the horizontal cut and/or the vertical cut" and claim 16 teaches "utilizing the shuffled sample unit as a second input"); shuffled sample unit acts as second reception unit and since based on arrangement direction, it must receive the selection of the arrangement direction.
Regarding claim 16, the combination of Liu and IMG teaches wherein the arrangement direction is a horizontal direction or a vertical direction (Liu, abstract teaches "sample unit is split into multiple parts using a horizontal cut and/or a vertical cut"); this shows arrangement would be horizontal or vertical.
Regarding claim 17, the combination of Liu and IMG teaches wherein the arrangement direction is both a horizontal direction and a vertical direction (Liu, abstract teaches "sample unit is split into multiple parts using a horizontal cut and/or a vertical cut"); this shows arrangement would be horizontal and vertical.
Regarding claim 18, the combination of Liu and IMG teaches further comprising a display unit configured to display the image data with the seamless texture arranged in the disposition region by the disposition unit, (Liu, figure 25, reference 2522 teaches a display implemented with a GUI and IMG, page 2, bottom image shows image with seamless texture); this is displayed and has seamless texture arranged in disposition/tiled region; wherein each time the seamless texture disposed in the disposition region is changed by a user, the obtainment of the seamless texture by the obtainment unit, the adjustment of the size of the seamless texture by the adjustment unit, and the disposition by the disposition unit are executed (IMG, page 3, teaches a "OK" step after reconfigurations (inclusive of changing seamless texture disposed in disposition region) and filling fields in steps above); this leads to the execution of claim 1 above which includes obtainment of seamless texture, adjustment of it's size and disposition as previously explained; and the display of the image data by the display unit is changed (Liu, paragraph 94 teaches "Output/results may be presented on the display 2522 or provided to another device for presentation or further processing or action"); this shows results presented meaning display of image data is changed. The same motivations used in claim 1 apply here in claim 18.
Regarding claim 19, the method claim 19 recites similar limitations as apparatus claim 1, and thus is rejected under similar rationale.
Regarding claim 20, the non-transitory computer readable storage medium claim 20 recites similar limitations as apparatus claim 1, and thus is rejected under similar rationale. In addition, Liu, paragraph 99 teaches "instructions implementing the operating system 2508, the computer program 2510, and the compiler 2512 are tangibly embodied in a non-transitory computer-readable medium".
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Liu and IMG as applied to claim 1 above, and further in view of Qutub (U.S. Patent Application Publication No. 2015/0071541), hereinafter referenced as Qutub.
Regarding claim 6, the combination of Liu and IMG fails to teach further comprising a switching unit configured to switch whether to perform the adjustment by the adjustment unit.
However, Qutub teaches further comprising a switching unit configured to switch whether to perform the adjustment by the adjustment unit (Qutub, paragraph 59 teaches "ratio value (between the baseline representation and the generated masks) that can serve as a threshold for designating acceptable segmentations. While a single ratio value will typically be suitable for all images of a particular type or set, this value can also be adjusted by the user when switching to different image set types" and paragraph 148 teaches "processing unit 1510 executes computer-executable instructions"); unit 1510 acts as switching unit when configured to execute the specific instructions and this shows to switch whether to adjust (from adjustment unit of above when viewed in combination) based on the image set type. Qutub is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of segmentation/tiling of an image and adjustments thereof according to switch. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Liu and IMG with the switching to perform adjustment techniques of Qutub to improve the potential for accurate segmentation (Qutub, paragraph 38). This would be done by the user switching to different type or not leading to adjustment for specific image types.
Regarding claim 7, the combination of Liu, IMG and Qutub teaches wherein the switching unit switches whether to perform the adjustment by the adjustment unit in accordance with an operation by a user (Qutub, paragraph 59 teaches "ratio value (between the baseline representation and the generated masks) that can serve as a threshold for designating acceptable segmentations. While a single ratio value will typically be suitable for all images of a particular type or set, this value can also be adjusted by the user when switching to different image set types"); adjusted by the user when switching means the switch whether to perform the adjustment is in accordance with an operation by the user. The same motivations used in claim 6 apply here in claim 7.
Regarding claim 8, the combination of Liu, IMG and Qutub teaches wherein the switching unit switches whether to perform the adjustment by the adjustment unit in accordance with the kind of the image data (Qutub, paragraph 59 teaches "ratio value (between the baseline representation and the generated masks) that can serve as a threshold for designating acceptable segmentations. While a single ratio value will typically be suitable for all images of a particular type or set, this value can also be adjusted by the user when switching to different image set types"); switching to different image set types indicates the switch whether to perform the adjustment is in accordance with the kind of image data / image set types. The same motivations used in claim 6 apply here in claim 8.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Liu and IMG as applied to claim 1 above, and further in view of Shibuhisa et al. (U.S. Patent Application Publication No. 2015/0206354), hereinafter referenced as Shibuhisa.
Regarding claim 9, the combination of Liu and IMG teaches receive the size of a printed material or selection of a template (IMG, page 3, step 2 teaches "Method for creating a seamless texture:"); this method is from a dropdown thus acts as receiving a selection of a template.
However, the combination of Liu and IMG fails to teach further comprising a first reception unit configured to receive
However, Shibuhisa teaches further comprising a first reception unit configured to receive (Shibuhisa, paragraph 33 teaches "transceiving unit 106 is a communication unit of a mobile phone, a cable, or the like, and transmits and receives image data,"); transceiving unit 106 receives thus acts as first receiving unit. Shibuhisa is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of receiving image data and stereoscopic shape template. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Liu and IMG with the receiving and stereoscopic techniques of Shibuhisa to ensure since image processing is performed using face stereoscopic shape template information which is suitable for a user, it is possible to improve generated image quality, (Shibuhisa, paragraph 62). This means better user experience due to improved quality.
Regarding claim 10, the combination of Liu, IMG and Shibuhisa teaches wherein the adjustment by the adjustment unit is performed in a case where a stereoscopic shaping template is selected by the first reception unit (Shibuhisa, paragraph 33 teaches "transceiving unit 106 is a communication unit of a mobile phone, a cable, or the like, and transmits and receives image data, data which is necessary when generating an image, the face stereoscopic shape template information, or the like"); this shows a case where stereoscopic shape template is selected by the transreceiving/first unit and is for generating an image which would be the adjusted image from above when viewed in combination. The same motivations used in claim 9 apply here in claim 10.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Liu and IMG as applied to claim 1 above, and further in view of Yamamoto (U.S. Patent No. 6,556,210), hereinafter referenced as Yamamoto.
Regarding claim 12, the combination of Liu and IMG fails to teach wherein the adjustment unit adjusts the size of the seamless texture so that a size scaled to an integral multiple of the size of the seamless texture matches the size of the disposition region.
However, Yamamoto teaches wherein the adjustment unit adjusts the size of the seamless texture so that a size scaled to an integral multiple of the size of the seamless texture matches the size of the disposition region (Yamamoto, col. 4, lines 56-59 teach "In a case where a texture image is pasted on a tile area but the size of the texture image does not match the size of the tile area, the size of the texture image needs to be converted to match the size of the tile area."); this shows adjusting (by adjustment unit above) of texture image (seamless texture from above) so that size scaled to integral multiple of one of seamless texture matches the size of disposition/tiled region. Yamamoto is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of scaling texture to match size of tiled/disposition region. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Liu and IMG with the scaling techniques of Yamamoto to improve the quality of a mosaic image (Yamamoto, col.14, line 2). This would be done by scaling size of texture to match the tile in the mosaic image leading to more detail.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Liu and IMG as applied to claim 1 above, and further in view of Keszler (US 20180034765), hereinafter referenced as Keszler.
Regarding claim 13, the combination of Liu and IMG teaches wherein the obtainment unit obtains a first pattern as the seamless texture, (IMG, bottom of page 2 (step 1) teaches selecting an image and top of page 3 (step 2) teaches creating a seamless texture); database 2616 is the obtainment unit and creating seamless texture means it would be obtained (as first pattern from selected image); the adjustment unit adjusts the size of the first pattern so that the seamless texture is continuous between an end part of the disposition region and an adjacent region that is adjacent to the end part in a case where the first pattern is arranged side by side in the disposition region, (IMG, page 3, step 3 shows "Pre-crop image in pixels" and page 2, shows top image with texture arranged side by side (end parts of tiled/disposition region and adjacent region) turned into bottom image seamless texture side by side in disposition/tiled region); sample unit from Liu acts as adjustment unit, cropping would adjust size of seamless texture, and this is shown in the image to be continuous, also, Liu paragraph 87 mentions "the continuous pixels of each of the multiple parts move to borders of the shuffled sample unit."; the disposition unit arranges the adjusted first pattern side by side in the disposition region, (IMG, page 2 teaches "You will get processed texture and tile to check it seamlessness." and page 3, step 2 teaches "Tile format for checking the seamlessness: 2x2"); tiling unit from Liu acts as disposition unit and this shows to dispose/tile the seamless texture that was adjusted above by the adjustment unit side by side in tiled/disposition region; and the information processing apparatus further includes a second obtainment unit configured to obtain, (Liu, fig. 25 and paragraph 92 teach "including input/output (I/O) devices such as a keyboard 2514"); this keyboard 2514 acts as second obtainment unit since it’s an input device used for obtaining; a second adjustment unit configured to adjust (Liu, fig. 25 and paragraph 96 teach "special purpose processor 2504B may be a hybrid processor, which includes dedicated circuitry for performing a subset of functions, and other circuits for performing more general functions such as responding to computer program 2510 instructions"); special purpose processor 2504B acts as second adjustment unit when configured with the function/instructions of adjusting below.
However, the combination of Liu and IMG fails to teach obtain a second pattern that is an image object of a predetermined size; adjust the size of the second pattern obtained by the second obtainment unit to the size of the disposition region, and a superimposition unit configured to superimpose the second pattern adjusted by the second adjustment unit onto the disposition region in which the adjusted first pattern is arranged side by side.
However, Keszler teaches obtain a second pattern that is an image object of a predetermined size (Keszler, paragraph 27 teaches "Each tile in the grid can be of any shape, but typically is a rectangle or square (which is simply a rectangle have 4 sides of equal length). Then another image is overlaid over them, but the overlaid image is generally partially transparent. Thus, the underlying pattern of images can be seen, to a greater or lesser extent depending on the degree of transparency, through the overlaid image"); underlying pattern of images shows an image object as a pattern (second pattern here when viewed in combination), it must have a predetermined size as images do and must be obtained first for it to be seen; adjust the size of the second pattern obtained by the second obtainment unit to the size of the disposition region, (Keszler, paragraph 43 teaches "dividing the overlay image into a grid of tiles, corresponding to, and matching in size, the pattern or shape that the grid images are, or will be, arranged in"); matching in size tile to the pattern (second pattern here when viewed in combination) means that adjustment of size occurs to match the tile/disposition region size; and a superimposition unit configured to superimpose the second pattern adjusted by the second adjustment unit onto the disposition region in which the adjusted first pattern is arranged side by side (Keszler, paragraph 27 teaches "layered collage created with a computer or similar device...Then another image is overlaid over them, but the overlaid image is generally partially transparent. Thus, the underlying pattern of images can be seen, to a greater or lesser extent depending on the degree of transparency, through the overlaid image"); the computer referred to is the superimposition unit, overlaying here shows superimposing second pattern which is adjusted (by second adjustment unit above) to be correct size onto disposition/tiled region in which, from the combination of references, adjusted first pattern is arranged side by side.
Regarding claim 14, the combination of Liu, IMG and Keszler teaches wherein the first pattern is an convexo-concave pattern that represents surface convexo- concave, (Liu, fig. 8A, reference 810 shows first pattern as convexo-concave); this is displayed to be the same as applicant's fig, 7a, reference 701, and applicant's disclosure paragraph 131 mentions "The convexo-concave pattern 701 is a seamless texture that expresses convexo-concave texture on the surface"; and the second pattern is an illumination pattern as an image that represents gloss (Liu, paragraph 85 teaches "optional step 2406, the sample unit is pre-processed. Such pre-processing may include extracting a luminance channel from the sample unit, computing a light gradient image of the sample unit based on the luminance channel, and computing a new value of each of the multiple pixels in the sample unit based on the light gradient image" and paragraph 67 teaches "FIG. 12B illustrates a visual indicator that reflects the area 1202 the user has marked with the heal brush. The marked area 1202 is treated as an unknown area and nearby pixels are used to fill that area"); luminance values with gradient show illumination pattern and the reflected area with brush represents gloss.
Regarding claim 15, the combination of Liu, IMG and Keszler teaches further comprising a generation unit configured to generate the illumination pattern so that the gloss is continuous in an arrangement direction in a case where a printed material on which the image data is printed is posted (Liu, paragraph 67 teaches "FIG. 12B illustrates a visual indicator that reflects the area 1202 the user has marked with the heal brush. The marked area 1202 is treated as an unknown area and nearby pixels are used to fill that area"); general purpose processor 2504A in fig. 25 acts as generation unit since this is part of a post-processing step, and visual indicator reflecting the area 1202 shows when illumination pattern being generated, gloss/reflection is continuous in an arrangement direction in a case where printed material (the design) on which image data is printed is posted on the screen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Seiler (U.S. Patent Application Publication No. 2016/0364900) paragraph 149 teaches “adjustment logic 1405 takes into account the reduction in size (such as 2×size reduction) of individual tile portions (e.g., tiles) of the stitched texture rather than the corresponding reduction in size of the entire stitched texture”; this shows adjustment and reduction of individual tile portions of stitched texture.
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/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
/N.U.A./Examiner, Art Unit 2611
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