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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 10 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10 respectively of U.S. Patent No. 12,183,055. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-9, 11-12, and 14 are rejected as being dependent on independent claims 1, 10 and 13.
Application 18/953,680
U.S. Patent No. 12,183,055
Claim 1.
An image processing method comprising: a first step of acquiring a captured image obtained by image capturing; and a second step of generating a first map by inputting the captured image into a machine learning model, wherein the first map is a map indicating an area where an object in a luminance saturation area in the captured image is spread by a blur generated in the captured image and a signal value in the area.
Claim 1.
An image processing method comprising: a first step of acquiring a captured image; and a second step of generating a first map based on the captured image using a machine learning model, wherein the first map is a map indicating a magnitude and range of a signal value in an area where an object in a luminance saturation area in the captured image is spread by a blur generated in an imaging step of the captured image, and wherein the machine learning model generates the first map based on the captured image and a second map representing the luminance saturation area of the captured image...
Claims 10 and 13
An image processing apparatus comprising: an acquiring task configured to acquire a captured image; and a generating task configured to generate a first map based on the captured image using a machine learning model, wherein the first map is a map indicating a magnitude and range of a signal value in an area where an object in a luminance saturation area in the captured image is spread by a blur generated in an imaging step of the captured image.
Claim 10
An image processing apparatus comprising at least one processor or circuit configured to execute a plurality of tasks including: an acquiring task configured to acquire a captured image; and a generating task configured to generate a first map based on the captured image using a machine learning model, wherein the first map is a map indicating a magnitude and range of a signal value in an area where an object in a luminance saturation area in the captured image is spread by a blur generated in an imaging step of the captured image, and wherein the machine learning model generates the first map based on the captured image and a second map representing the luminance saturation area of the captured image.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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, 10, 12, 13, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shi et al. (2021/0174477).
Regarding claim 1, Shi discloses an image processing method (see abstract, fig.2, step 205, fig.3A, paragraphs [0023-0024] and its description) comprising: a first step of acquiring a captured image obtained by image capturing (see abstract, fig.2, step 205, paragraphs [0023], [0058-0059] and its description); and a second step of generating a first map by inputting the captured image into a machine learning model, wherein the first map is a map indicating an area where an object in a luminance saturation area in the captured image is spread by a blur generated in the captured image and a signal value in the area capturing (see abstract, fig.2, step 210, fig.3A, steps 304-306, paragraphs [0023-0024], [0058-0059], [0065-0066] and its description).
Regarding claim 12, Shi further discloses a storage medium storing a program that causes a computer to execute an image processing method according to claim 1 (see abstract, fig.7, elements 702, 728, paragraphs [0019-0020], [0033], [0146-0150] and its description).
Claims 10 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goodrich et al. (2021/0065454).
Regarding claim 10 and 13, Goodrich discloses an image processing method see abstract, fig.1 and its description) comprising: a first step of acquiring a captured image (see abstract, fig.9, step 902, paragraphs [0154-0155] and its description); and a second step of generating a first map based on the captured image using a machine learning model (see abstract, fig.9, step 904, paragraphs [0156-0160] and its description), wherein the first map is a map indicating a magnitude and range of a signal value in an area where an object in a luminance saturation area in the captured image is spread by a blur generated in an imaging step of the captured image (see abstract, fig.9, step 906-908, paragraph [0161-0162] and its description).
Allowable Subject Matter
Claims 15-23 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The cited prior arts do not disclose or render obvious the combination of elements recited in the claims as a whole. Specifically, the cited prior arts fail to disclose or render obvious the following limitations:
Regarding independent claim 15: The prior art fails to teach setting a first area using an image and a threshold of a signal value based on the original image; generating a first image having the signal value of the original image in the first area; generating a first ground truth map by adding the blur to the first image; and training a machine learning model using the blurred image and the first ground truth map.
Claims 16-23 are allowed as being dependent on independent claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571)272-7871. The examiner can normally be reached on Mon-Th.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/Primary Examiner, Art Unit 2647
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