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 .
DETAILED ACTION
The United States Patent & Trademark Office appreciates the application that is submitted by the inventor/assignee. The United States Patent & Trademark Office reviewed the following application and has made the following comments below.
Priority
This application claims benefit of foreign priority under 35 U.S.C. 119(a)-(d) of JP 2022-088989, filed in Japan on 05/31/2022, and PCT/JP/2023/019887, filed on 05/29/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/05/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending Application No. 18/948,517 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Summary of double patenting claims (similarities between the claims are bolded):
Instant Application (18/948,528)
Reference Application (18/948,517)
Claim 1:
A calibration member comprising an imaging target surface including:
a central region,
a frame surrounding an outer edge of the central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween,
and the calibration member is for performing, by using the patches, calibration with respect to an image obtained by imaging the imaging target surface.
Claim 1:
A calibration member comprising an imaging target surface including:
a central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween,
a blank region disposed between a first patch group and a second patch group included in at least one of combinations of the first patch group and the second patch group that are adjacent to each other in a circumferential direction of the central region,
and a figure disposed in the blank region,
and the calibration member is for performing, by using the patches, calibration with respect to an image obtained by imaging the imaging target surface.
Claim 14:
A calibration apparatus comprising: at least one processor that is configured to:
acquire an image including a central region,
a frame surrounding an outer edge of the central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween;
and perform calibration with respect to the image by using the patches.
Claim 13:
A calibration apparatus comprising: at least one processor that is configured to:
acquire an image including a central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween,
a blank region disposed between a first patch group and a second patch group included in at least one of combinations of the first patch group and the second patch group that are adjacent to each other in a circumferential direction of the central region,
and a figure disposed in the blank region;
and perform calibration with respect to the image by using the patches.
Claim 21:
A calibration method comprising:
acquiring an image including a central region,
a frame surrounding an outer edge of the central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween;
and performing calibration with respect to the image by using the patches.
Claim 18:
A calibration method comprising:
acquiring an image including a central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween,
a blank region disposed between a first patch group and a second patch group included in at least one of combinations of the first patch group and the second patch group that are adjacent to each other in a circumferential direction of the central region,
and a figure disposed in the blank region;
and performing calibration with respect to the image by using the patches.
Claim 22:
A non-transitory storage medium storing a program that causes a computer to execute calibration processing,
the calibration processing comprising:
acquiring an image including a central region,
a frame surrounding an outer edge of the central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween;
and performing calibration with respect to the image by using the patches.
Claim 20:
A non-transitory storage medium storing a program that causes a computer to execute calibration processing,
the calibration processing comprising:
acquiring an image including a central region,
a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween,
a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween,
a blank region disposed between a first patch group and a second patch group included in at least one of combinations of the first patch group and the second patch group that are adjacent to each other in a circumferential direction of the central region,
and a figure disposed in the blank region;
and performing calibration with respect to the image by using the patches.
Dependent claims 1-30 of the current application recite the same limitations in different language to claims 1-24 in the co-pending application. Accordingly, although the conflicting claims of the current application are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10, 14-16, 21-22, 24, 26, 28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Schauffler et al. (U.S. Patent Pub. No. 2014/0127646 A1, hereafter referred to as Schauffler) in view of Lings et al. (U.S. Patent Pub. No. 2012/0294517 A1, hereafter referred to as Lings).
Regarding Claim 1, Schauffler teaches a calibration member (Abstract, Fig. 1, Schauffler teaches a paint or stain color selection device 10.)
PNG
media_image1.png
715
583
media_image1.png
Greyscale
comprising an (Paragraph [0042], Schauffler teaches the paint color selection device 10 has a visible first major surface or facing side 11a.): a central region (Paragraph [0051], Fig. 1, Schauffler teaches the viewing aperture 12 is centered in the frame and the frame has a constant width on all 4 sides.), a frame surrounding an outer edge of the central region (Paragraph [0042], Fig. 1, Schauffler teaches interiorly-disposed edge-portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12.), a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of first patch groups” to include color representations 14d-14e (first patch group 1 – top side of frame) and 14i-14j (first patch group 2 – bottom side of frame). The patches extend in an x-axis/horizontal direction. The first pair of patch groups face each other and the central region (12) is interposed therebetween. See annotated Fig. 1 below.),
PNG
media_image2.png
715
858
media_image2.png
Greyscale
and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of second patch groups” to include color representations 14a-14c (second patch group 1 – left side of frame) and 14f-14h (second patch group 2 – right side of frame). The patches “extend” in the y-axis/vertical direction, which intersects with the first direction (x-axis direction). The second pair of patch groups face each other and the central region (aperture 12) is interposed therebetween. See annotated Fig. 1 below.),
PNG
media_image3.png
715
858
media_image3.png
Greyscale
Schauffler does not explicitly disclose an imaging target surface and the calibration member is for performing, by using the patches, calibration with respect to an image obtained by imaging the imaging target surface.
Lings is in the same field of art of determination/matching of the color of a color sample to a known color sample from an image. Further, Lings teaches an imaging target surface (Paragraph [0062], Fig. 2, Lings teaches using an image capture device to take an image of the calibration color sample card with the unknown sample to be determined also located in the image. The Examiner interprets the calibration color same card to be an imaging target surface since it is included in the captured image and is effectively a “surface”.) and the calibration member is for performing, by using the patches, calibration with respect to an image obtained by imaging the imaging target surface (Paragraphs [0070-71], [0088-89], [0100], Lings teaches the calibration color sample card has printed thereon color sample patches of known color. The calibration card is placed such that the cut-out portion is over the color to be sampled. Using a mobile phone, digital camera, etc., the user takes a still image of the object to be sampled with the color capture card in the image. Colors of the unknown samples are determined from RGB values. The image is processed to determine a matching color of the object, such as paint color matching.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler by capturing an image of the color selection device/calibration sample card and the object/sample for analysis that is taught by Lings, to make the invention that determines the color of a colored object/sample from an image of the color sample and the color calibration card; thus, one of ordinary skilled in the art would be motivated to combine the references since capturing a photograph of the calibration color sample card over/near/with the object such that both the calibration color card and the object are captured in the image provides an enhanced method of easily matching colors (such as paint colors, for example), compared to attempting to visually match colors, which can be inaccurate and laborious. Additionally, a much more accurate and mathematically rigorous color match can be obtained (Lings, Paragraph [0100]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 2, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the frame has a rectangular shape (Paragraph [0043], Fig. 1, Schauffler teaches the frame 11 is rectangular.).
In regards to Claim 3, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the first patch group and the second patch group include the plurality of patches having different colors (Paragraphs [0029], [0006], Schauffler teaches the plurality of paint or stain color representations are distinct. Distinct is described to mean that the paint or color stain representations are not all the same color.).
In regards to Claim 4, Schauffler in view of Lings teaches the calibration member according to claim 3, wherein the first patch group and the second patch group include the plurality of patches having the same hue and different densities (Paragraph [0056], Schauffler teaches the devices may depict an array of shades (for example an array of gray shades. The Examiner interprets different shades of grey have the same hue (grey) but have different densities since light greys will have a different density than darker greys.).
In regards to Claim 5, Schauffler in view of Lings teaches wherein colors (Paragraph [0070], Lings teaches the color sample patches are arranged so the patches on the outer edge of the color sample patch region are greyscale patches i.e., they range from black through various greyscale colors to white. The Examiner interprets “greyscale” to be the “same colors” (greys) included in the patch groups. Since the greyscale patches are along the outer edge of the color card, the first patch pair group, which includes the top and bottom horizontal rows, are both “greyscale.”) and the number of the patches included in one of the pair of first patch groups are the same as colors and the number of the patches included in the other of the pair of first patch groups (Paragraph [0042], Fig. 1, Schauffler teaches generally circular paint color representations 14a through 14j disposed on the front-facing major surface of frame 11. The one of the pair of first patch groups includes paint color representations 14d & 14e (2 patches) and the other of the pair of first patch groups includes paint color representations 14i & 14j (2 patches).), and colors (Paragraph [0070], Lings teaches the color sample patches are arranged so the patches on the outer edge of the color sample patch region are greyscale patches i.e., they range from black through various greyscale colors to white. The Examiner interprets “greyscale” to be the “same colors” (greys) included in the patch groups. Since the greyscale patches are along the outer edge of the color card, the second patch pair group, which includes the leftmost and rightmost horizontal rows, are both “greyscale.”) and the number of the patches included in one of the pair of second patch groups are the same as colors and the number of the patches included in the other of the pair of second patch groups (Paragraph [0042], Fig. 1, Schauffler teaches generally circular paint color representations 14a through 14j disposed on the front-facing major surface of frame 11. The one of the pair of second patch groups includes paint color representations 14a, 14b & 14c (3 patches) and the other of the pair of second patch groups includes paint color representations 14f, 14g & 14h (3 patches).).
In regards to Claim 6, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein a color of at least one patch included in the first patch group is the same as a color of at least one patch included in the second patch group (Paragraph [0056], Shauffler teaches an individual paint color representation may appear more than once on a frame or more than once in an array. Under BRI, the “first patch group” and “second patch group” could be arbitrary since the claim is silent, and therefore, a patch appearing more than once in a frame can include that they are in two separate “groups.”).
In regards to Claim 7, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the number of the patches included in the first patch group and the number of the patches included in the second patch group are different from each other (Fig. 1, Fig. 5, Schauffler teaches the viewing aperture 12 is surrounded by generally circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. As shown in Fig. 1, if we take the “first patch group” to include the pair of patches on the top and bottom sides of the frame, the number of patches in the first group is 4. Next, if we take the “second patch group” to include the pair of patches on the left and right sides of the frame, the number of patches in the second group is 6. Also see Fig. 5 for rectangular patches.).
In regards to Claim 8, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the plurality of patches are the same as each other in at least one of size, shape, or angle (Paragraph [0042], Fig. 1, Fig. 5, Schauffler shows circular paint representations are generally circular. See Fig. 1, paint representations are all circular. Also see Fig. 5, paint representations are all rectangular. Under Broadest Reasonable Interpretation (BRI), the Examiner interprets “at least one of” and “or” to mean the patches need to be the same in only one of size, shape, or angle to meet the claim limitation.).
In regards to Claim 9, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein each of the plurality of patches has a rectangular shape (Paragraphs [0043], [0053], Fig. 5, Schauffler teaches the paint color representations may be rectangles.).
PNG
media_image4.png
697
519
media_image4.png
Greyscale
In regards to Claim 10, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the imaging target surface includes a blank region disposed between a first patch group and a second patch group included in at least one of combinations of the first patch group and the second patch group that are adjacent to each other in a circumferential direction of the central region (Paragraph [0042], Fig. 1, Schaeffer teaches viewing aperture 12 is surrounded by generally circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. If 14d and 14e are taken to be the “first patch group” at the top and 14f, 14g and 14h are taken to be the “second patch group” on the right, Fig. 1 shows a “blank region” i.e., a region with no color representations or markings between the first patch group (14d & 14e) and a second patch group (14f, 14g & 14h). The first patch group and second patch group are adjacent in a circumferential direction.),
[AltContent: arrow]
PNG
media_image5.png
579
569
media_image5.png
Greyscale
and a figure disposed in the blank region (Paragraph [0042], Fig. 1 (reference character 15f), Schaeffer teaches paint identifying labels or other indicia 15a through 15j which in Fig. 1 are placed above each corresponding paint color representation. The Examiner interprets label/indicia “15f” to be disposed between the first patch group (top) and second patch group (right) in a blank region (i.e., the label/indicia does not cover any markings or overlap anything).).
In regards to Claim 14, Schauffler teaches (Paragraph [0042], Fig. 1, Schauffler teaches interiorly-disposed edge-portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12.), a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of first patch groups” to include color representations 14d-14e (first patch group 1 – top side of frame) and 14i-14j (first patch group 2 – bottom side of frame). The patches extend in the x-axis/horizontal direction. The first pair of patch groups face each other and the central region (12) is interposed therebetween.), and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of second patch groups” to include color representations 14a-14c (second patch group 1 – left side of frame) and 14f-14h (second patch group 2 – right side of frame). The patches extend in a y-axis/vertical direction, which intersects with the first direction (x-axis). The second pair of patch groups face each other and the central region (aperture 12) is interposed therebetween.);
Schauffler does not explicitly disclose a calibration apparatus comprising: at least one processor that is configured to: acquire an image including a central region and perform(ing) calibration with respect to the image by using the patches.
Lings is in the same field of art of determination of the color of a color sample from an image. Further, Lings teaches a calibration apparatus (Paragraph [0001], Fig. 1, Lings teaches a system for determining the color of a color sample from an image of the color sample.) comprising: at least one processor that is configured to (Paragraphs [0066], [0077], Lings teaches a processor 104 running programs to perform the color determination. Processor 104 launches calibration module 118.): acquire an image including a central region (Abstract, Fig. 2, Lings teaches capturing an image of the test color sample. The image also contains the color sample capture card 24. Fig. 2 shows the color calibration sample card with cut-out portion 244 located in the middle.) and perform(ing) calibration with respect to the image by using the patches (Paragraphs [0070-71], [0088-89], [0100], Lings teaches the calibration color sample card has printed thereon color sample patches of known color. The calibration card is placed such that the cut-out portion is over the color to be sampled. Using a mobile phone, digital camera, etc., the user takes a still image of the object to be sampled with the color capture card in the image. Colors of the unknown samples are determined from RGB values. The image is processed to determine a matching paint color of the object.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler by capturing an image of the color selection device/calibration sample card and the object/sample for analysis that is taught by Lings, to make the invention that determines the color of a colored object/sample from an image of the color sample and the color calibration card; thus, one of ordinary skilled in the art would be motivated to combine the references since capturing a photograph of the calibration color sample card over/near/with the object such that both the calibration color card and the object are captured in the image provides an enhanced method of easily matching colors (such as paint colors, for example), compared to attempting to visually match colors, which can be inaccurate and laborious. Additionally, a much more accurate and mathematically rigorous color match can be obtained (Lings, Paragraph [0100]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 15, Schauffler in view of Lings teaches the calibration apparatus according to claim 14, wherein the at least one processor is configured to (Paragraph [0067], Lings teaches a processor 104 that provides instructions to/runs the calibration module.): extract the frame from the image (Paragraphs [0130-131], Lings teaches locating the calibration color sample card 24 within the image by performing edge detection. Having determined the position of the card 24 in the image, the image may be segmented to leave card image data 46.); and correct at least one of a distortion, an inclination, or a size of the image based on a shape of the extracted frame (Paragraphs [0131-132], Lings teaches identifying the known features on the card to perform a perspective transform to de-skew the image. Known points (corners of the inner-most border) are used to do a perspective transform to de-skew the image. Under Broadest Reasonable Interpretation (BRI), the Examiner interprets “or” to mean only one of a distortion, inclination, or a size is required to meet the claim limitation. The Examiner interprets de-skewing to be synonymous to correcting an inclination of the image since de-skewing removes slant/incline from the image.).
In regards to Claim 16, Schauffler in view of Lings teaches the calibration apparatus according to claim 14, wherein the at least one processor is configured to (Paragraph [0067], Lings teaches a processor 104 that provides instructions to/runs the calibration module.) perform calibration by using a part of the plurality of patches included in the first patch group and the second patch group included in the image (Paragraphs [0070], [0100], Lings teaches using the calibration color card 24 which has printed thereon color sample patches of known color to process the captured image to determine an actual color of the object to be determined and matches the color. Under BRI, the Examiner interprets the first patch group to be the horizontal lines of color patches above and below the cut-out region in the middle 244 and the second patch group to be the vertical lines of patches on the left and right sides of middle region 244. All patches on the card (includes both groups) are effectively used to perform calibration since the entire card 24 is imaged along with the object. Therefore, at least a “part” of the plurality of patches included in both the first patch group and the second patch group are included in the image.).
In regards to Claim 21, Schauffler teaches (Paragraph [0042], Fig. 1, Schauffler teaches interiorly-disposed edge-portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12.), a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of first patch groups” to include color representations 14d-14e (first patch group 1 – top side of frame) and 14i-14j (first patch group 2 – bottom side of frame). The patches extend in the x-axis/horizontal direction. The first pair of patch groups face each other and the central region (12) is interposed therebetween.), and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of second patch groups” to include color representations 14a-14c (second patch group 1 – left side of frame) and 14f-14h (second patch group 2 – right side of frame). The patches extend in the y-axis/vertical direction, which intersects with the first direction (x-axis). The second pair of patch groups face each other and the central region (aperture 12) is interposed therebetween.);
Schauffler does not explicitly disclose a calibration method comprising: acquiring an image including a central region, and performing calibration with respect to the image by using the patches.
Lings is in the same field of art of determining the color of a color sample from an image. Further, Lings teaches a calibration method (Paragraph [0046], Fig. 5, Lings teaches a color calibration process.) comprising: acquiring an image including a central region (Abstract, Fig. 2, Lings teaches capturing an image of the test color sample. The image also contains the color sample capture card 24. Fig. 2 shows the color calibration sample card with cut-out portion 244 located in the middle.), and performing calibration with respect to the image by using the patches (Paragraphs [0070-71], [0088-89], [0100], Lings teaches the calibration color sample card has printed thereon color sample patches of known color. The calibration card is placed such that the cut-out portion is over the color to be sampled. Using a mobile phone, digital camera, etc., the user takes a still image of the object to be sampled with the color capture card in the image. Colors of the unknown samples are determined from RGB values. The image is processed to determine a matching paint color of the object.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler by capturing an image of the color selection device/calibration sample card and the object/sample for analysis that is taught by Lings, to make the invention that determines the color of a colored object/sample from an image of the color sample and the color calibration card; thus, one of ordinary skilled in the art would be motivated to combine the references since capturing a photograph of the calibration color sample card over/near/with the object such that both the calibration color card and the object are captured in the image provides an enhanced method of easily matching colors (such as paint colors, for example), compared to attempting to visually match colors, which can be inaccurate and laborious. Additionally, a much more accurate and mathematically rigorous color match can be obtained (Lings, Paragraph [0100]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 22, Schauffler teaches (Paragraph [0042], Fig. 1, Schauffler teaches interiorly-disposed edge-portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12.), a pair of first patch groups including a plurality of patches that extend in a first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of first patch groups” to include color representations 14d-14e (first patch group 1 – top side of frame) and 14i-14j (first patch group 2 – bottom side of frame). The patches extend in an x-axis/horizontal direction. The first pair of patch groups face each other and the central region (12) is interposed therebetween.), and a pair of second patch groups including a plurality of patches that extend in a second direction intersecting the first direction and facing each other with the central region interposed therebetween (Fig. 1, Paragraph [0042], Schauffler teaches the viewing aperture 12 is surrounded by circular paint color representations 14a through 14j disposed on major surface 11a and distributed around viewing aperture 12. The Examiner interprets “a pair of second patch groups” to include color representations 14a-14c (second patch group 1 – left side of frame) and 14f-14h (second patch group 2 – right side of frame). The patches extend in a y-axis/vertical direction, which intersects with the first direction (x-axis). The second pair of patch groups face each other and the central region (aperture 12) is interposed therebetween.); and performing calibration with respect to the image by using the patches (Paragraphs [0070-71], [0088-89], [0100], Lings teaches the calibration color sample card has printed thereon color sample patches of known color. The calibration card is placed such that the cut-out portion is over the color to be sampled. Using a mobile phone, digital camera, etc., the user takes a still image of the object to be sampled with the color capture card in the image. Colors of the unknown samples are determined from RGB values. The image is processed to determine a matching paint color of the object.).
Schauffler does not explicitly disclose a non-transitory storage medium storing a program that causes a computer to execute calibration processing, the calibration processing comprising: acquiring an image including a central region, and performing calibration with respect to the image by using the patches.
Lings is in the same field of art of determining the color of a color sample from an image. Further, Lings teaches a non-transitory storage medium storing a program that causes a computer to execute calibration processing (Claim 9, Lings teaches a non-transitory computer readable medium storing a computer program so that when run on a computer system it causes the computer system to perform the color calibration method.), the calibration processing comprising: acquiring an image including a central region (Abstract, Fig. 2, Lings teaches capturing an image of the test color sample. The image also contains the color sample capture card 24. Fig. 2 shows the color calibration sample card with cut-out portion 244 located in the middle.), and performing calibration with respect to the image by using the patches (Paragraphs [0070-71], [0088-89], [0100], Lings teaches the calibration color sample card has printed thereon color sample patches of known color. The calibration card is placed such that the cut-out portion is over the color to be sampled. Using a mobile phone, digital camera, etc., the user takes a still image of the object to be sampled with the color capture card in the image. Colors of the unknown samples are determined from RGB values. The image is processed to determine a matching paint color of the object.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler by capturing an image of the color selection device/calibration sample card and the object/sample for analysis that is taught by Lings, to make the invention that determines the color of a colored object/sample from an image of the color sample and the color calibration card; thus, one of ordinary skilled in the art would be motivated to combine the references since capturing a photograph of the calibration color sample card over/near/with the object such that both the calibration color card and the object are captured in the image provides an enhanced method of easily matching colors (such as paint colors, for example), compared to attempting to visually match colors, which can be inaccurate and laborious. Additionally, a much more accurate and mathematically rigorous color match can be obtained (Lings, Paragraph [0100]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 24, Schauffler in view of Lings teaches the calibration member according to claim 1, wherein the frame is a borderline formed on the imaging target surface (Paragraph [0042], Fig. 1 (reference characters 16a-16d), Schauffler teaches interior-disposed edge portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12. The Examiner interprets “borderline” to mean a line marking a border.).
In regards to Claim 26, Schauffler in view of Lings teaches the calibration apparatus according to claim 14, wherein the frame is a borderline formed on the image (Paragraph [0042], Fig. 1 (reference characters 16a-16d), Schauffler teaches interior-disposed edge portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12. The Examiner interprets “borderline” to mean a line marking a border.).
In regards to Claim 28, Schauffler in view of Lings teaches the calibration method according to claim 21, wherein the frame is a borderline formed on the image (Paragraph [0042], Fig. 1 (reference characters 16a-16d), Schauffler teaches interior-disposed edge portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12. The Examiner interprets “borderline” to mean a line marking a border.).
In regards to Claim 30, Schauffler in view of Lings teaches the non-transitory storage medium according to claim 22, wherein the frame is a borderline formed on the image (Paragraph [0042], Fig. 1 (reference characters 16a-16d), Schauffler teaches interior-disposed edge portions 16a through 16d define the interior edge of frame 11 and the perimeter of viewing aperture 12. The Examiner interprets “borderline” to mean a line marking a border.).
Claim(s) 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Schauffler et al. (U.S. Patent Pub. No. 2014/0127646 A1, hereafter referred to as Schauffler) in view of Lings et al. (U.S. Patent Pub. No. 2012/0294517 A1, hereafter referred to as Lings) in further view of Fukase (U.S. Patent Pub. No. 2019/0132454 A1, hereafter referred to as Fukase).
Regarding Claim 11, Schauffler in view of Lings discloses the calibration member according to claim 10, wherein the imaging target surface includes four blank regions each of which is disposed between the first patch group and the second patch group that are adjacent to each other in the circumferential direction of the central region (Paragraph [0042], Fig. 1, Schaeffer teaches the paint color selection device includes frame 11 having a visible first major surface or facing side 11a. The Examiner interprets the first major surface 11a has four “blank regions” disposed between the first patch group and the second patch group.),
PNG
media_image6.png
626
699
media_image6.png
Greyscale
Schaeffer in view of Lings does not explicitly disclose four figures that are respectively disposed at the four blank regions.
Fukase is in the same field of art of correlating the colorimetric values of the same color patch to a color in an image. Further Fukase teaches four figures that are respectively disposed at the four blank regions (Paragraphs [0083-84], Fig. 5B, Fukase teaches shape grasping markers arranged at four “blank regions” as shown in Fig. 5B. Under BRI, the Examiner interprets shape grasping markers to be figures.).
PNG
media_image7.png
493
622
media_image7.png
Greyscale
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schaeffer in view of Lings by adding markers in the blank regions (corners) of the color calibration card that is taught by Fukase, to make the invention that identifies the positions of the shape grasping markers in the captured image to locate the color calibration card; thus, one of ordinary skilled in the art would be motivated to combine the references to identify the positions of the corners of the color calibration card so that calculation of correction parameters can be performed, such as a magnification, positional variation, or a rotation (Fukase, Paragraph [0084]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 12, Schaeffer in view of Lings in further view of Fukase teaches the calibration member according to claim 11, wherein shapes of the four figures are similar to each other (Paragraph [0042], Fig. 1, Schaeffer teaches paint identifying labels or other indicia 15a through 15j which as shown in Fig. 1 are placed above each corresponding paint color representation. The Examiner interprets that the shapes of the four (or more) figures shown in Fig. 1 have a similar shape visually. Under BRI, the Examiner interprets “similar to each other” broadly to include visual similarity since the claim is silent to the attributes of the figures which are similar to each other.).
In regards to Claim 13, Schaeffer in view of Lings in further view of Fukase teaches the calibration member according to claim 11, wherein the four figures are figures respectively showing four corners of a rectangle (Paragraphs [0083-84], Fig. 5B, Fukase teaches shape grasping markers C121 arranged. The shape grasping markers C121 enable calculation of correction parameters for correcting shape characteristics such as expansion/shrinkage, a positional variation, or rotation. See Fig. 5B, the shape grasping markers show the four corners of a rectangle.) that has, as parts of sides thereof, line segments disposed on extension lines of outer edges of the pair of first patch groups and the pair of second patch groups (Paragraph [0070], Fig. 2, Lings teaches the color calibration card 24 has a border 248 at an outer edge thereof. The Examiner interprets the line segments at the top, bottom, and sides of the color calibration card are disposed on the outer edges of the first and second pairs of patch groups. Taking first pair of patch groups to be horizontal patches above and below the center and the second pair of patch groups to be vertical patches to the left and right of the center.).
Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schauffler et al. (U.S. Patent Pub. No. 2014/0127646 A1, hereafter referred to as Schauffler) in view of Lings et al. (U.S. Patent Pub. No. 2012/0294517 A1, hereafter referred to as Lings) in further view of Fujifilm Prescale (NPL, “Fujifilm Prescale® Tactile Pressure Indicating Sensor Film,” 2013, hereafter referred to as Fujifilm Prescale.)
Regarding Claim 17, Schauffler in view of Lings discloses the calibration apparatus according to claim 14.
Schuffler in view of Lings does not explicitly disclose wherein the central region in the image includes a color forming member which forms a color with density distribution corresponding to an amount of energy applied thereto.
Fujifilm Prescale is in the same field of art of determining a matching color between a color forming member (film) and a known set of colors. Further, Fujifilm Prescale discloses wherein the central region in the image includes a color forming member (Application Examples, Fujifilm Prescale teaches images of Prescale Tactile Pressure Indicating Sensor Film. The Examiner interprets under BRI, each of the four images below are “images wherein the central region in the image includes a color forming member” since each of the images below shows the pressure indicating film (color forming member) and each image includes “a central region” where the pressure indicating film is located.)
PNG
media_image8.png
215
752
media_image8.png
Greyscale
which forms a color with density distribution corresponding to an amount of energy applied thereto (“Who developed Prescale®?”, Step 4, Fujifilm Prescale teaches different gradations of color are calibrated to different amounts of pressure in PSI or kg/cm². Pressure distribution is seen at a glance and can be inspected.).
PNG
media_image9.png
241
324
media_image9.png
Greyscale
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler in view of Lings by determining the amount of energy applied to the pressure sensitive film by using a predetermined color scale that is taught by Fujifilm Prescale, to make the invention that determines the amount of pressure/energy applied to the pressure sensitive sheet using a color calibration sheet containing the colors representing respective pressure values; thus, one of ordinary skilled in the art would be motivated to combine the references since color perception varies significantly from person to person, such that matching color to a sample selected by one person will not appear to be a matching color to another person, and therefore manual evaluation of matching colors (such as between the calibration color sheet and the pressure sensitive film) is not ideal. (Lings, Paragraph [0002]). By capturing an image containing the sample (color forming member) and a color calibration card containing the respective colors, the colors can be matched electronically, resulting in more accurate color matching (Lings, Paragraphs [0003], [0017]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 18, Schauffler in view of Lings in further view of Fujifilm Prescale discloses the calibration apparatus according to claim 17, wherein the first patch group and the second patch group include the plurality of patches having different colors (Paragraphs [0029], [0006], Schauffler teaches the plurality of paint or stain color representations are distinct. “Distinct” means that the paint or color stain representations are not all the same color.), and the at least one processor is configured to (Paragraph [0067], Lings teaches a processor 104 that provides instructions to/runs the calibration module.) perform calibration of a color of the color forming member included in the image based on colors of the first patch group and the second patch group included in the image (Paragraphs [0070], [0100], Lings teaches using the calibration color card 24 which has printed thereon color sample patches of known color to process the captured image to determine an actual color of the object to be determined and matches the color. Under BRI, the Examiner interprets the first patch group to be the horizontal lines of color patches above and below the cut-out region in the middle (244) and the second patch group to be the vertical lines of patches on the left and right sides of 244. All patches on the card (includes both groups) are effectively used to perform calibration since the entire card 24 is imaged along with the object.).
In regards to Claim 19, Schauffler in view of Lings in further view of Fujifilm Prescale discloses the calibration apparatus according to claim 18, wherein the at least one processor is configured to (Paragraph [0067], Lings teaches a processor 104 that provides instructions to/runs the calibration module.) perform calibration by using a part of the plurality of patches included in the first patch group and the second patch group included in the image (Paragraphs [0070], [0100], Lings teaches using the calibration color card 24 which has printed thereon color sample patches of known color to process the captured image to determine an actual color of the object to be determined and matches the color. Under BRI, the Examiner interprets the first patch group to be the horizontal lines of color patches above and below the cut-out region in the middle (244) and the second patch group to be the vertical lines of patches on the left and right sides of 244. All patches on the card (includes both groups) are effectively used to perform calibration since the entire card 24 is imaged along with the object.), the part of the plurality of patches being determined in advance (Paragraph [0069], Lings teaches each known color sample on the card, the known XYZ tristimulus values are stored, together with the location of the coordinates, x, y, of the color sample having those tristimulus values on the card.) in accordance with a type of the color forming member included in the image (Paragraphs [0018-20], Lings teaches the known calibration error samples are those N samples closest in color space to an estimated color of the unknown sample. This allows the color space to be “zoomed in” when determining the color calibration characteristics, so that the part of the color space that contains the unknown color sample is more accurately characterized.).
In regards to Claim 20, Schauffler in view of Lings in further view of Fujifilm Prescale discloses the calibration apparatus according to claim 18, wherein the at least one processor is configured to (Paragraph [0067], Lings teaches a processor 104 that provides instructions to/runs the calibration module.) derive the amount of energy applied to the color forming member based on the color of the color forming member after the calibration by using data in which a relationship between the amount of energy applied to the color forming member and the color of the color forming member included in the image is determined in advance (“Step 4 Color Intensity Indicates Pressure Magnitude”, “Who developed Prescale?”, Fujifilm Prescale teaches the color of the film reveals information such as the precise pressure (PSI) value. Different gradations of color are calibrated to different amounts of pressure in PSI or kg/cm2.).
Claim(s) 23, 25, 27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Schauffler et al. (U.S. Patent Pub. No. 2014/0127646 A1, hereafter referred to as Schauffler) in view of Lings et al. (U.S. Patent Pub. No. 2012/0294517 A1, hereafter referred to as Lings) in further view of Tsai et al. (U.S. Patent No. 9,600,878, hereafter referred to as Tsai).
Regarding Claim 23, Schauffler in view of Lings discloses the calibration member of claim 1.
Schauffler in view of Lings does not explicitly disclose wherein the central region is a region on which a color forming member is placed.
Tsai is in the same field of art of correlating the color of a color forming area to a color calibration area (color chart having an arrangement of known color samples). Further, Tsai discloses wherein the central region is a region on which a color forming member is placed (Col. 6, lines 8-13, Col. 3, lines 53-58, Col. 1, lines 38-48, Fig. 5, Tsai teaches a specimen test strip arrangement which includes a reaction area 502 and a color calibration area 504. The specimen sample is placed on the reaction area 502. Color calibration area 504 surrounds reaction area 502. Reaction area 502 has a rectangular shape and color calibration area 504 has a rectangular ring shape. See Fig. 5. The Examiner interprets reaction area 502 to be a “central region” on which a color forming member (a specimen sample, which reaches reaction area 502 and reaction area 502 changes color according to the characteristic of the analyte) is placed. Under BRI, the Examiner interprets a specimen sample to be a “color forming member” since when it is placed in the reaction area, it changes color. Then the reaction area can be visually compared to known colors.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler in view of Lings by placing a color forming member such as a specimen sample on the reaction area located in the central region of the color calibration area that is taught by Tsai, to make the invention that compares the reaction area with the one or more colors of the color calibration area in the image captured to determine the color of the reaction area under different lighting conditions and also enable correction the detected color of the reaction area to remove the effects of the lighting condition; thus, one of ordinary skilled in the art would be motivated to combine the references since changing the shapes and arrangements of the reaction area and calibration area was suggested (different design choices) (Tsai, Col. 5, lines 60-65).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 25, Schauffler in view of Lings discloses the calibration apparatus according to claim 14.
Schauffler in view of Lings does not explicitly disclose wherein the central region is a region on which a color forming member is placed.
Tsai is in the same field of art of correlating the color of a color forming area to a color calibration area (color chart having an arrangement of known color samples). Further, Tsai discloses wherein the central region is a region on which a color forming member is placed (Col. 6, lines 8-13, Col. 3, lines 53-58, Col. 1, lines 38-48, Fig. 5, Tsai teaches a specimen test strip arrangement which includes a reaction area 502 and a color calibration area 504. The specimen sample is placed on the reaction area 502. Color calibration area 504 surrounds reaction area 502. Reaction area 502 has a rectangular shape and color calibration area 504 has a rectangular ring shape. See Fig. 5. The Examiner interprets reaction area 502 to be a “central region” on which a color forming member (a specimen sample, which reaches reaction area 502 and reaction area 502 changes color according to the characteristic of the analyte) is placed. Under BRI, the Examiner interprets a specimen sample to be a “color forming member” since when it is placed in the reaction area, it changes color. Then the reaction area can be visually compared to known colors.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler in view of Lings by placing a color forming member such as a specimen sample on the reaction area located in the central region of the color calibration area that is taught by Tsai, to make the invention that compares the reaction area with the one or more colors of the color calibration area in the image captured to determine the color of the reaction area under different lighting conditions and also enable correction the detected color of the reaction area to remove the effects of the lighting condition; thus, one of ordinary skilled in the art would be motivated to combine the references since changing the shapes and arrangements of the reaction area and calibration area was suggested (different design choices) (Tsai, Col. 5, lines 60-65).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 27, Schauffler in view of Lings discloses the calibration method according to claim 21.
Schauffler in view of Lings does not explicitly disclose wherein the central region is a region on which a color forming member is placed.
Tsai is in the same field of art of correlating the color of a color forming area to a color calibration area (color chart having an arrangement of known color samples). Further, Tsai discloses wherein the central region is a region on which a color forming member is placed (Col. 6, lines 8-13, Col. 3, lines 53-58, Col. 1, lines 38-48, Fig. 5, Tsai teaches a specimen test strip arrangement which includes a reaction area 502 and a color calibration area 504. The specimen sample is placed on the reaction area 502. Color calibration area 504 surrounds reaction area 502. Reaction area 502 has a rectangular shape and color calibration area 504 has a rectangular ring shape. See Fig. 5. The Examiner interprets reaction area 502 to be a “central region” on which a color forming member (a specimen sample, which reaches reaction area 502 and reaction area 502 changes color according to the characteristic of the analyte) is placed. Under BRI, the Examiner interprets a specimen sample to be a “color forming member” since when it is placed in the reaction area, it changes color. Then the reaction area can be visually compared to known colors.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler in view of Lings by placing a color forming member such as a specimen sample on the reaction area located in the central region of the color calibration area that is taught by Tsai, to make the invention that compares the reaction area with the one or more colors of the color calibration area in the image captured to determine the color of the reaction area under different lighting conditions and also enable correction the detected color of the reaction area to remove the effects of the lighting condition; thus, one of ordinary skilled in the art would be motivated to combine the references since changing the shapes and arrangements of the reaction area and calibration area was suggested (different design choices) (Tsai, Col. 5, lines 60-65).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 29, Schauffler in view of Lings discloses the non-transitory storage medium according to claim 22.
Schauffler in view of Lings does not explicitly disclose wherein the central region is a region on which a color forming member is placed.
Tsai is in the same field of art of correlating the color of a color forming area to a color calibration area (color chart having an arrangement of known color samples). Further, Tsai discloses wherein the central region is a region on which a color forming member is placed (Col. 6, lines 8-13, Col. 3, lines 53-58, Col. 1, lines 38-48, Fig. 5, Tsai teaches a specimen test strip arrangement which includes a reaction area 502 and a color calibration area 504. The specimen sample is placed on the reaction area 502. Color calibration area 504 surrounds reaction area 502. Reaction area 502 has a rectangular shape and color calibration area 504 has a rectangular ring shape. See Fig. 5. The Examiner interprets reaction area 502 to be a “central region” on which a color forming member (a specimen sample, which reaches reaction area 502 and reaction area 502 changes color according to the characteristic of the analyte) is placed. Under BRI, the Examiner interprets a specimen sample to be a “color forming member” since when it is placed in the reaction area, it changes color. Then the reaction area can be visually compared to known colors.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Schauffler in view of Lings by placing a color forming member such as a specimen sample on the reaction area located in the central region of the color calibration area that is taught by Tsai, to make the invention that compares the reaction area with the one or more colors of the color calibration area in the image captured to determine the color of the reaction area under different lighting conditions and also enable correction the detected color of the reaction area to remove the effects of the lighting condition; thus, one of ordinary skilled in the art would be motivated to combine the references since changing the shapes and arrangements of the reaction area and calibration area was suggested (different design choices) (Tsai, Col. 5, lines 60-65).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nagao (Japanese Patent Pub. No. 2007-74484A) teaches a calibration method, calibration system, calibration program, and recording medium that can accurately calibrate the color output characteristics of a printer. A reference patch sheet (standard for color proofing) is placed on top of a color proofing patch sheet and imaged with a camera. The output characteristics of the printer that printed the proofing patch are calibrated by comparing the colors of the patches contained in the color proofing information. The reference patch sheet has an “opening window W” in the central part. Patches surround the opening window. Also see Fig. 16(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY L BLACKSTEN whose telephone number is (571)272-7120. The examiner can normally be reached 8:30am-4:30pm.
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, Oneal Mistry can be reached at 313-446-4912. 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.
/SYDNEY L BLACKSTEN/ Examiner, Art Unit 2674
/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674
Prosecution Insights