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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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)(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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al (“Chen” hereinafter, U.S. Publication No. 2024/0161327 A1).
As per claim 1, Chen discloses a method of denoising an input image (paragraph [0003]: using a diffusion model to perform denoising operation), the method comprising: obtaining a diffusion-based probabilistic model that was trained (paragraph [0048]: the diffusion model can be denoising diffusion probabilistic model), using at least one target image (paragraph [0028]: the image with a target scale in figure 7, such as 780 or 790 with a desired resolution may be the claimed “target image”) and at least one conditional image (figure 7, image 725 or figure 12, image 1230 may be the claimed “conditional image”), to perform denoising over a number of denoising steps (as shown in figure 15, a diffusion model will perform denoising process over a number of steps); performing, using the obtained model (diffusion model 770) and a first seed image (image 710), a first sequence of T1 denoising sampling steps based on the input image to generate a first output image that is a first restored image corresponding to the input image (image 780 is generated through a sequence of denoising steps), wherein each denoising sampling step of the first sequence of T1 denoising sampling steps includes generating the first seed image according to a first seed image function (as described in figure 6, steps 640-660 with noise map 740 correspond to the “first seed image function”); and performing, using the obtained model (diffusion model 770) and a second seed image (image 720), a second sequence of T2 denoising sampling steps based on an intermediate image (image 780 and image 725 can both be the intermediate images) generated as a result of the first sequence of T1 denoising sampling steps to generate a second output image (image 790) that is a second restored image corresponding to the input image, wherein each denoising sampling step of the second sequence of T2 denoising sampling steps includes generating a second seed image according to a second seed image function (as shown in figure 6, steps 640-660 with noise map 750 correspond to the claimed “second seed image function”).
As per claim 2, Chen discloses wherein the second seed image function is based on a desired image property of the second output image (Chen teaches the desired image property may be conditioned based on image resolution in paragraph [0028]).
As per claim 3, Chen discloses wherein the desired image property is a desired image resolution (see paragraph [0028] for resolution).
As per claim 4, Chen discloses wherein the desired image property is a desired image noise level (see noise maps 740 and 750).
As per claim 5, Chen discloses wherein the second seed image function includes applying a scalar multiplier to a unit Gaussian noise image (paragraph [0028]: target scale with corresponding Gaussian noise image in paragraph [0040]).
As per claim 6, Chen discloses wherein the second seed image function includes applying a low-pass filter to a unit Gaussian noise image (see paragraph [0040] for Gaussian noise with PDF).
As per claim 7, Chen discloses wherein a value of T2 is set based on a desired image property of the second output image (image scale s in paragraph [0027] is the claimed “value of T2”).
As per claim 8, see explanation in claim 1. The examiner notes Chen’s system is a computer-like system, which inherently includes a non-transitory computer-readable medium.
As per claim 9, see explanation in claim 2.
As per claim 10, see explanation in claim 3.
As per claim 11, see explanation in claim 4.
As per claim 12, see explanation in claim 5.
As per claim 13, see explanation in claim 6.
As per claim 14, see explanation in claim 7.
As per claim 15, see explanation in claim 1. The examiner notes Chen’s system is a computer-like system, which inherently includes a processor and a memory.
As per claim 16, see explanation in claim 2.
As per claim 17, see explanation in claim 3.
As per claim 18, see explanation in claim 4.
As per claim 19, see explanation in claim 5.
As per claim 20, see explanation in claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM Y LU whose telephone number is (571)272-7393. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TOM Y LU/Primary Examiner, Art Unit 2667
Prosecution Insights