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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
region setting unit configured…in claim 1 (see specification [0053], [0100])
color conversion method setting unit configured…in claims 1, 2, 4, 11, 12, 14, 15, and 16 (see specification [0049-0051] and [0100])
generation unit configured…in claims 1, 2, 3 and 19 (see specification [0100])
second region setting unit configured… in claims 2 and 3 (see specification [0053], [0100])
second color conversion method setting unit configured…in claim 5 (see specification [0053], [0075], [0085] and [0100])
determination unit configured…in claims 14, 15 and 16 (see specification [0073], [0100])
input unit configured…in claim 18 (see specification [0100])
output unit configured…in claim 19 (see specification [0100])
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 17-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0129669 A1 to Imai.
Claim 1. Imai teaches An image processing apparatus comprising: [0026] a personal computer 20 as an image processing device
a region setting unit configured to set, in an image representing inputted image data, [0039] The CPU 200 applies the equation (1) to the luminance value of each pixel in the image data and executes the brightness correction (obtains the output luminance value from the input luminance value) (interpreted each pixel in the image data - input luminance value to be inputted image data)
a first region, which is used to set a color conversion method for image data, [0037] flesh-colored pixels of all pixels that constitute the image data (interpreted to be first region, while the non-flesh colored pixels are interpreted as the remaining region and therefore the second region)
and a second region, which is not used to set the color conversion method; [0037] flesh-colored pixels of all pixels that constitute the image data (interpreted to be first region, while the non-flesh colored pixels are interpreted as the remaining region and therefore the second region)
a color conversion method setting unit configured to: as a result of setting by the region setting unit, in a case where the first region and the second region are included in the image, [0037] flesh-colored pixels of all pixels that constitute the image data (interpreted to be first region, while the non-flesh colored pixels are interpreted as the remaining region and therefore the second region, constitute image data to be interpreted as included in the image)
[0039] The tone curve shown in FIG. 3 can thus be obtained. As for the flesh-colored pixels, every pixel having a combination of R value, G value, and B value within a predetermined range is determined to be a flesh-colored pixel. The predetermined value FV is an empirically obtained value that allows the flesh color to be specified by suitable luminance or brightness in the output image.
set the color conversion method based on image data of the first region set by the region setting unit; [0037-0039] tone curves for luminance conversion is set
and a generation unit configured to determine the color conversion method set by the color conversion method setting unit as a color conversion method to be applied to a region including a portion of at least the first region and the second region in the image, [0039] The CPU 200 applies the equation (1) to the luminance value of each pixel in the image data and executes the brightness correction (obtains the output luminance value from the input luminance value). Examiner interprets each pixel in the image to be all regions.
and generate image data after color conversion using the determined color conversion method. [0039] …(obtains the output luminance value from the input luminance value). Alternatively, the CPU 200 may apply the equation (1) to the R value, G value, and B value of each pixel in the image data and thereby executes the brightness correction.
[0040] The CPU 200 outputs the image data that has undergone the brightness correction
Claim 17. Imai teaches wherein the color conversion method is a color conversion table. [0040] the color conversion processing is executed by using a look up table that is stored in the HDD 202 (ROM) and defines the correspondence between the RGB color system and the CMYK color system.
Claim 18. Imai teaches further comprising: an input unit configured to input image data, wherein the inputted image data is the image data inputted by the input unit. Imai [0026] The image processing system includes: a digital still camera 10 as an input device that generates image data; a personal computer 20 as an image processing device that executes image processing based on the image data generated by the digital still camera 10
Claim 19. Imai teaches further comprising an output unit configured to output the image data generated by the generation unit. Imai [0026] and outputs image data for printing; and a color printer 30 as an output device that outputs an image by using the image data for printing
Claim 20. Reviewed and analyzed in the same way as claim 1. See the above analysis and rationale. [0003] an image processing method for executing brightness adjustments of image data
Claim 21. Reviewed and analyzed in the same way as claim 1. See the above analysis and rationale. [0017] a recording medium in which the image processing program is stored.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0129669 A1 to Imai in further view of US 2006/0066925 A1 to Hasegawa et al., hereinafter, “Hasegawa”.
Claim 2. Imai fails to explicitly teach a second region setting unit configured to set, in the image, a third region to which the color conversion method set by the color conversion method setting unit is applied and a fourth region to which the color conversion method is not applied. Hasegawa, in the field of color adjustment of image data, teaches further comprising: a second region setting unit configured to set, in the image, a third region to which the color conversion method set by the color conversion method setting unit is applied and a fourth region to which the color conversion method is not applied, FIG. 7A and FIG 7B, FIG. 8A and FIG. 8B, [0086-0091] Color adjustment areas A, B, C and D…
wherein as a result of setting by the second region setting unit, in a case where the third region is included in the image, FIG. 7A and FIG 7B, FIG. 8A and FIG. 8B
the generation unit determines the color conversion method set by the color conversion method setting unit as a color conversion method to be applied to the third region set by the second region setting unit, FIG. 7A and FIG 7B, Color adjustment areas B
and generates image data after color conversion using the determined color conversion method. FIG. 7A and FIG 7B, [0091] FIG. 8B, a color adjustment area A and a color adjustment area B included in the first color adjustment layer 710a are combined with a color adjustment area A and a color adjustment area D included in the second color adjustment layer 710c, thereby the color adjustment layer 710d including the color adjustment area A, the color adjustment area B and the color adjustment area D is generated. The color-adjustment layout generator 530 may generate a color adjustment layer 710 of overlap portion (product set) of color adjustment areas 710 based on plural templates.
[0092] FIG. 9A illustrates the color-conversion coefficient selection screen image 802. FIG. 9B illustrates the color-adjustment setting screen image 804.
FIG. 11 Areas A, B, C, and more areas and different color conversion coefficient
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Imai with the teachings of Hasegawa [0009-0010] for that appropriate respective color adjustments can be performed on different areas within an image. Rationale applies to claims 3-9.
Claim 3. Hasegawa further teaches wherein as a result of setting by the second region setting unit, in a case where the fourth region is included in the image, the generation unit determines a color conversion method different from the color conversion method set by the color conversion method setting unit as a color conversion method to be applied to the fourth region set by the second region setting unit. [0092] FIG. 9A illustrates the color-conversion coefficient selection screen image 802. FIG. 9B illustrates the color-adjustment setting screen image 804.
[0093-0098] describes selecting (setting) a different/desired color conversion coefficients using the slider for each area.
Claim 4. Hasegawa further teaches wherein the color conversion method set by the color conversion method setting unit is not determined as the color conversion method to be applied to the fourth region. [0092] FIG. 9A illustrates the color-conversion coefficient selection screen image 802. FIG. 9B illustrates the color-adjustment setting screen image 804.
[0093] When the user checks one of the check boxes 832 corresponding to a desired object attribute, one of the coefficient selection areas 834 to select a color conversion coefficient of the object attribute becomes active, thus selection of a color conversion coefficient is enabled. Examiner interprets when the user doesn’t check a box, no color conversion will be applied.
[0123] even in a case where similar colors exist in different portions of the same document (input image), color adjustment can be performed on only a target object without shifting the colors.
FIG. 11 Areas A, B, C, and more areas and different color conversion coefficient
Claim 5. Hasegawa further teaches further comprising: a second color conversion method setting unit configured to set a second color conversion method based on image data of the fourth region, wherein the generation unit determines the second color conversion method set by the second color conversion method setting unit as the color conversion method to be applied to the fourth region, [0092] FIG. 9A illustrates the color-conversion coefficient selection screen image 802. FIG. 9B illustrates the color-adjustment setting screen image 804.
[0093] When the user checks one of the check boxes 832 corresponding to a desired object attribute, one of the coefficient selection areas 834 to select a color conversion coefficient of the object attribute becomes active, thus selection of a color conversion coefficient is enabled. Examiner interprets when the user doesn’t check a box, no color conversion will be applied.
[0123] even in a case where similar colors exist in different portions of the same document (input image), color adjustment can be performed on only a target object without shifting the colors.
FIG. 11 Areas A, B, C, and more areas and different color conversion coefficient
and generates image data after color conversion using the determined second color conversion method. [0059] outputs the generated data of the color adjustment layer 710 to the color-conversion layout memory 640., [0091]
Claim 6. Hasegawa further teaches wherein the fourth region is a region in which a tone changes in a continuous manner. Yamada [0036] subsequent steps S203 to S206 form loop processing – specifically S204 color conversion
Claim 7. Hasegawa further teaches wherein the first region is included in the third region. FIG. 7A and FIG 7B, color adjustment areas A, B, C, D
FIG. 11 Areas A, B, C, and so on
Claim 8. Hasegawa further teaches wherein the first region and the fourth region are regions different from each other. FIG. 7A and FIG 7B, color adjustment areas A, B, C, D
FIG. 11 Areas A, B, C, and so on
Claim 9. Hasegawa further teaches wherein the second region is a region adjacent to the first region. FIG. 7A and FIG 7B, color adjustment areas A, B, C, D
FIG. 11 Areas A, B, C, and so on
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0129669 A1 to Imai in further view of US 2023/0124689 A1 to Yamada et al., hereinafter, “Yamada”.
Claim 11. Imai fails to explicitly teach the color conversion method set by the color conversion method setting unit is a color conversion method obtained by correcting a third color conversion method of converting a color gamut of the inputted image data to a color gamut of a printing apparatus, so as to increase a distance between colors that has decreased as a result of color conversion being performed by the third color conversion method being applied to the first region. Yamada, in the field of color adjustment of image data, teaches wherein the color conversion method set by the color conversion method setting unit is a color conversion method obtained by correcting a third color conversion method of converting a color gamut of the inputted image data to a color gamut of a printing apparatus, so as to increase a distance between colors that has decreased as a result of color conversion being performed by the third color conversion method being applied to the first region. [0061] In step S305, the CPU 101 sets a “colorimetric” mapping table as the mapping table of the partial page and ends the processing. Setting of the “colorimetric” mapping table will be described later with reference to FIG. 4. A case where the process of step S305 is performed is a state in which all pixels in the partial page exist in the print color gamut. It can therefore be considered that lowering of a color difference, which may occur when the “colorimetric” mapping table is used for a digital original formed by a plurality of colors outside the reproduction color gamut of the printer does not occur for the partial page. ,[0062], [0064-0069], [0091]
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Imai with the teachings of Yamada [0004-0006] so it is possible to appropriately perform color mapping to a print color gamut.. Rationale applies to claims 12-14.
Claim 12. Yamada further teaches wherein the color conversion method set by the color conversion method setting unit is a color conversion method that has been corrected so as to increase, in at least one of a lightness direction, a chroma direction, and a hue angle direction, the distance between colors that has decreased as a result of color conversion being performed by the third color conversion method being applied to the first region. [0061-0062] ,[0064-0069], [0091]
Claim 13. Imai further teaches wherein the printing apparatus is a printing apparatus configured to form an image on a print medium according to an inkjet printing method. [0030] The color printer 30 is a printer that is capable of outputting color images. For example, the color printer 30 is an inkjet printer that forms images by spouting four colors of inks, i.e. cyan (C), magenta (M), yellow (Y), and black (K) onto printing media to form dot patterns.
Claim 14. Imai further teaches further comprising: a determination unit configured to determine whether to perform setting of the color conversion method by the color conversion method setting unit, wherein the color conversion method setting unit, in a case where it is determined by the determination unit that setting of the color conversion method by the color conversion method setting unit be performed, set the color conversion method based on the image data of the first region. Imai [0036] Next, the CPU 200 analyzes the converted image data or the RGB data on a pixel-by-pixel basis (step S120) and determines whether or not the picked up image that corresponds to the image data is a backlit portrait image (step S130).
Allowable Subject Matter
Claims 10 and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The innovation that makes claim 10 allowable is “the inputted image data is image data for which a resolution has been converted into a low resolution and thereafter the resolution has been converted into an original resolution, and the second region includes a region that has been generated due to the resolution being converted into the original resolution.”
The innovation that makes claim 15 allowable is “setting of the color conversion method by the color conversion method setting unit based on whether a distance between colors has decreased as a result of color conversion being performed by the third color conversion method being applied to the first region.”
Likewise claim 16 would be allowable because it is a dependent of claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 2618119 A2 to Huber-Moerk Reinhold et al. and US 2019/0279598 A1 to Mito.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELOMIA L GILLIARD whose telephone number is (571)272-1681. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DELOMIA L GILLIARD/Primary Examiner, Art Unit 2661
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