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 .
Specification
The title of the invention: INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING METHOD, AND INFORMATION PROCESSING PROGRAM is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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).
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Claims 1 and 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent Application Publication: 2025/0175566 in which the issue fee has not been paid. These rejections may be extended to independent claims of other statutory categories (claims 12 and 13) and claim 1 is used as evidence of nonstatutory double patenting. Per the table below, the claims in the instant application are anticipated by the claims in the related application.
Summary of double patenting claims (the similarities are bolded)
Instant application
US20250175566A1
1. An information processing apparatus comprising at least one processor,
wherein the processor is configured to:
acquire a plurality of color forming member images obtained by imaging a color forming member, which forms a color with density distribution corresponding to an amount of energy applied thereto; and
derive the amount of energy applied to the color forming member based on each of the plurality of color forming member images by using characteristic data in which a relationship between the amount of energy applied to the color forming member and a color of the color forming member included in the color forming member images is determined in advance.
1. An information processing apparatus comprising a processor, wherein the processor is configured to:
acquire a color forming member image obtained by imaging a color forming member, which forms a color with density distribution corresponding to an amount of energy applied thereto;
derive first energy distribution applied to the color forming member based on the color forming member image by using characteristic data in which a relationship between the amount of energy applied to the color forming member and density of the color forming member included in the color forming member image is determined in advance;
acquire second energy distribution obtained from an electric signal that is output from a sensor device in a case where the same energy as the energy applied to the color forming member is applied to the sensor device, the sensor device outputting the electric signal in accordance with an amount of energy applied thereto; and
correct the second energy distribution based on the first energy distribution.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication No.: JPH 01180431 A (Komatsu et al.) (hereinafter Komatsu).
Regarding claim 1, Komatsu teaches an information processing apparatus comprising at least one processor, wherein the processor is configured to: (Komatsu, pages 2-4, FIG. 3 “FIG. 3 shows the electrical configuration of the present invention. The signals output from the light receiving elements 51.53 are sent to logarithmic conversion amplifiers 60.61, respectively, where they are amplified and logarithmically converted. The output signal of the logarithmic conversion amplifier 60 degree. 61 is subtracted by a subtracter 62 and converted into a concentration signal. This concentration signal is sent to the A/D converter 63, sampled at a predetermined period, converted into a digital signal (measured data), and sent to the I10 boat 64. Scanner 1. In automatic measurement mode 0, position data representing the coordinate position of the measurement head 25 and measurement data obtained by measuring at this coordinate position are sent to the personal computer 35 via the I10 port 64. In the manual measurement mode of the scanner 10, the density value at the specified coordinate position is displayed on the display 33. The CPU 65 outputs position data of the photometric head 25 and sequentially controls each section according to a program stored in the memory 66. The motor controller 67 is for controlling the pulse motor 68 of the X-direction moving mechanism 56, and the motor controller 69 is for controlling the pulse motor 70 of the Y-direction moving mechanism 57. The driver 71”;
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acquire a plurality of color forming member images obtained by imaging a color forming member, which forms a color with density distribution corresponding to an amount of energy applied thereto (Komatsu, page 2-4; FIG. 1: “(Example) In Fig. 1, a stage 11 is installed horizontally on the upper part of the scanner 10, and a pressure recording sheet 12 (correctly, a color developer film) which is set at a measurement point and colored is placed on this stage 11. It is set on top and pressed flat with a transparent cover 13. In this pressure recording sheet 12, the pressurized portions are colored magenta, and the density thereof is related to the pressurizing force. The left end portion of the transparent cover 13 is attached to the fixed plate 14, and the right end can be lifted when the pressure recording sheet 12 is set. Furthermore, a scale is attached to the edge of the transparent cover 13 so that the scanning range can be known. On the stage 11, there is a standard color plate 15 used for zero-point correction, etc. A red mark 16. is pasted on it. white mark 17 are applied to each. Grooves 20 and 21 are formed on both sides of the stage 11, into which the gate-shaped legs of the Y-direction moving body 22 are respectively fitted. This Y direction moving body 22 is approximately 20.2 1 in the Y direction intermittently at a constant pitch. Further, the Y-direction moving body 22 has a groove 23 extending in the X direction. A direction moving body 24 is fitted, and this X direction moving body 24 moves continuously along the groove 23 in the X direction. Also, X. A photometric radar 25 is attached to the directional moving body 24, and moves on the pressure recording sheet 12 in a two-dimensional direction to measure a portion colored with a magenta density corresponding to the pressure value … The operation panel 28 is provided with four movement keys 29 for moving the RAD 25 in four directions for photometry. Furthermore, the operation panel 28 includes an automatic/manual switching key 309 for selecting between automatic measurement mode and manual measurement mode, and an LED 31 for displaying manual measurement mode. Manual measurement key 32 for performing manual measurements. A display 33 is provided for digitally displaying the measured concentration value.”; FIG. 1 depicts the measurement of a pressure recording sheet 12 using an XY stage 22, 23, 24 for moving a photometric head 25; a plurality of images are thus obtained which are combined to form the whole image; additionally, photometry is performed a number of times for the same measurement point and use the average value so that a plurality of images is acquired;
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derive the amount of energy applied to the color forming member based on each of the plurality of color forming member images by using characteristic data in which a relationship between the amount of energy applied to the color forming member and a color of the color forming member included in the color forming member images is determined in advance (Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6: “FIG. 6: “The measurement data and position data sent from the scanner 10 are taken into the CPU 76 and written into the RAM 79. On the other hand, the film type, temperature and humidity are input from the keyboard, one data curve of the temperature and humidity condition diagram shown in FIG. 5 is selected by calculation, and environmental classification correction data as shown in FIG. 6 is set. Concentration/pressure curve data suitable for the environmental classification is then selected, and the concentration value is converted into a pressure value with reference to this data. The ROM 78 also stores a measurement condition setting program, a measurement procedure program, a pressure conversion calculation program, and the like.”; “When the photometry of the scanner 10 is completed, the environment classification determination unit 8. Referring to the concentration/pressure curve specified in step 6, the pressure value converting section 87 converts the concentration value at each measurement point read from the storage section 85 into a pressure value. That is, the environmental classification determination unit 86 determines the environmental classification by referring to the data of the curve diagram. for example, when the temperature is 20°C and the humidity is 63%RH, the fifth. As shown in the figure, it is determined that the environmental classification is B zone. The pressure value converter 87 selects concentration/pressure curve correction data corresponding to this environmental classification. In this example, since the environmental classification is r13J, the concentration/pressure curve B shown in Figure 6.”;
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a concentration/pressure curve for converting the color density/concentration into pressure values is explicitly taught; FIG. 4-6 each show details on the characteristic data and its dependency on humidity and temperature).
Regarding claim 2, Komatsu teaches the information processing apparatus according to claim 1, wherein the processor is configured to perform, for every predetermined number of processing units, processing of acquiring the plurality of color forming member images and processing of deriving the amount of energy applied to the color forming member based on each of the plurality of color forming member images (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; the additional steps recited here are implicitly taught in the rejection above of claim 1 such as acquiring the relevant images and deriving and evaluating the relevant energy amount; Komatsu has at least three processors/controllers involved in this process).
Regarding claim 3, Komatsu teaches the information processing apparatus according to claim 2, wherein the processor is configured to perform, for every predetermined number of processing units, the processing of acquiring the plurality of color forming member images, the processing of deriving the amount of energy applied to the color forming member based on each of the plurality of color forming member images, and processing of performing an evaluation with respect to each of amounts of energy based on predetermined reference information (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1-2 above; the additional steps recited here are implicitly taught in the rejection above of claim 1 such as acquiring the relevant images and deriving and evaluating the relevant energy amount; Komatsu has at least three processors/controllers involved in this process).
Regarding claim 4, Komatsu teaches the information processing apparatus according to claim 3, wherein the processor is configured to perform a comprehensive evaluation based on a result of the evaluation performed with respect to each of the amounts of energy (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; a comprehensive evaluation is conducted where the measurements of the photometric head 25 at each XY coordinate position are consolidated into one comprehensive image of the pressure recording sheet 12).
Regarding claim 5, Komatsu teaches the information processing apparatus according to claim 1, wherein the processor is configured to store, in a database, the amount of energy derived based on each of the plurality of color forming member images as a single set of data (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; FIG. 3 shows the memory 66 where the output of position data of the photometric head 25 is stored).
Regarding claim 6, Komatsu teaches the information processing apparatus according to claim 1, wherein the processor is configured to: generate one combined image by combining the plurality of color forming member images; and derive the amount of energy applied to the color forming member based on the combined image (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; Komatsu teaches the photometric head 25 for imaging at different positions and displaying a resultant two-dimensional image as shown in FIG. 7 below:
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Regarding claim 7, Komatsu teaches the information processing apparatus according to claim 6, wherein the processor is configured to evaluate, based on predetermined reference information, the amount of energy derived based on the combined image (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; “The obtained concentration value at each point is sent to a calculation section and converted into a pressure value using conversion data stored in memory”).
Regarding claim 8, Komatsu teaches the information processing apparatus according to claim 6, wherein the processor is configured to: derive distribution of the amount of energy applied to the color forming member based on the combined image; and generate a two-dimensional graph showing the distribution of the amount of energy (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; Komatsu teaches the photometric head 25 for imaging at different positions and displaying a resultant two-dimensional image as shown in FIG. 7 below:
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Regarding claim 9, Komatsu teaches the information processing apparatus according to claim 1, wherein at least one of the plurality of color forming member images includes a patch for calibration with respect to the color of the color forming member, and the processor is configured to perform the calibration with respect to the color of the color forming member included in each of the plurality of color forming member images by using the patch included in the at least one of the color forming member images (Komatsu, pages 5-6; para. 1-2: “In this pressure recording sheet 12, the pressurized portions are colored magenta, and the density thereof is related to the pressurizing force. The left end portion of the transparent cover 13 is attached to the fixed plate 14, and the right end can be lifted when the pressure recording sheet 12 is set. Furthermore, a scale is attached to the edge of the transparent cover 13 so that the scanning range can be known. On the stage 11, there is a standard color plate 15 used for zero point correction, etc. A red mark 16. is pasted on it. white mark 17 are applied to each.”; the calibration patches are placed at one side of the XY stage; see FIG. 1 elements 15, 16, and 17 are used for all images acquired by the photometric head in the rejection of claim 1 above).
Regarding claim 10, Komatsu teaches the information processing apparatus according to claim 9, wherein the processor is configured to: perform the calibration with respect to the color of the color forming member by using the patch in a case where the color forming member image includes the patch; and perform the calibration with respect to the color of the color forming member by using the patch included in another color forming member image in a case where the color forming member image does not include the patch (Komatsu, pages 5-6; para. 1-2: “In this pressure recording sheet 12, the pressurized portions are colored magenta, and the density thereof is related to the pressurizing force. The left end portion of the transparent cover 13 is attached to the fixed plate 14, and the right end can be lifted when the pressure recording sheet 12 is set. Furthermore, a scale is attached to the edge of the transparent cover 13 so that the scanning range can be known. On the stage 11, there is a standard color plate 15 used for zero point correction, etc. A red mark 16. is pasted on it. white mark 17 are applied to each.”; the calibration patches are placed at one side of the XY stage; see FIG. 1 elements 15, 16, and 17 are used for all images acquired by the photometric head in the rejection of claim 1 above).
Regarding claim 11, Komatsu teaches the information processing apparatus according to claim 1, wherein the processor is configured to perform batch processing in which processing of acquiring the plurality of color forming member images, and processing of deriving the amount of energy applied to the color forming member based on each of the plurality of color forming member images are performed for every predetermined number of processing units (Komatsu, page 2-4; FIG. 1; Komatsu, pages 4-5, para. 1-2; pages 6-7; para. 1-2; FIG. 6; see rejection of claim 1 above; Komatsu implicitly teaches batch-wise processing when transforming the measure color values as a whole to pressure or other (color) values; it is done with no interaction with a human i.e. it’s automatic/automated; Komatsu, page 5: “Written to 0. The pressure values read from the storage section 89 are converted into color data in accordance with the pressure range by a coloring section 91 and sent to the color monitor 40. Here, the color to be applied to each pressure range is specified by the color specifying section 92. Next, the operation of the above embodiment will be explained. When the power switch of the scanner 10 is turned on, the Y-direction moving body 22. Then, the X-direction moving body 24 returns to the home position where the reference color plate 15 is located.”).
With regards to claim 12, it recites the functions of the apparatus of claim 1, as a process. Thus, the analysis in rejecting claim 1 is equally applicable to claim 1.
Regarding claim 13, Komatsu teaches a non-transitory computer-readable storage medium storing an information processing program causing a computer to execute processing of: (Komatsu, page 4, para. 2: “The scanner 10 is connected to a personal computer 35, starts concentration measurement according to an instruction from the personal computer 35, and the obtained measurement data and position data representing the concentration measurement position are sent to the personal computer 35”; a computer implicitly has a processor and memory storing instructions to execute a method).
With regards to the remaining limitations of claim 13, they recite the functions of the apparatus of claim 1, as a non-transitory computer-readable medium storing instructions. Thus, the analysis in rejecting claim 1 is equally applicable to the remaining limitations of claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ADAM SHARIFF whose telephone number is 571-272-9741. The examiner can normally be reached M-F 8:30-5PM.
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/MICHAEL ADAM SHARIFF/
Examiner, Art Unit 2672
/SUMATI LEFKOWITZ/Supervisory Patent Examiner, Art Unit 2672
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