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 .
Continuation Data
2. This application claims priority to PCT/JP2023/025020, filed July 5, 2023.
Priority
3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
4. The Information Disclosure Statements filed on January 24, 2025 and February 3, 2025 have been considered. Initialed copies of the Form 1449 are enclosed herewith.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 2, 10, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yen et al (2002/0196979), hereinafter Yen.
With respect to claim 1, Yen illustrates in figure 1 and describes in paragraph 0028, a method of generating data, wherein the method comprises generating a first code image (base image 18) that is a graphical code (graphical pattern), generating a second code image by applying first image processing (encoder 12) to the first code image; and generating a first image by superposing the second code image onto a background image (encoder 12 modulates a base image 18 with a graphical encoding of information 14 to produce graphical bar code 16 and composite image 22).
With respect to claim 2, Yen discloses in paragraph 0012, the first image processing being at least one selected from the group consisting of rotation, enlargement or reduction, distortion, blurring, transparency processing, and local color change (specifically rotating).
With respect to claim 10, Yen discloses in paragraph 0028, a learning model configured to cause a computer to in response to an image being input, output an area of a partial image (via printer 24) corresponding to a graphical code in the image, the learning model being trained using the first image generated by the method of generating data.
With respect to claim 14, Yen discloses in paragraph 0028 and illustrates in figures 1 and 3 (see also with regards to claim 1), a method of generating learning data, the method comprising generating a first code image 18, to be used to identify an attribute of an article; generating a second code image by applying first image processing to the first code image; and generating a learning image by superposing the second code image onto a background image including images of the article and a package containing the article, wherein the first image processing is configured to reproduce a manner in which at least one of the article or the package containing the article is visible through the first code image (figures 3 and 9).
Allowable Subject Matter
7. Claims 3-9 and 11-13 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 following is an examiner’s reason for allowance: Although Yen teaches a method of generating data wherein the method comprises generating a first conde image that is a graphical code, generating a second code image by applying first image processing to the first code image, and generating a first image by superposing the second code image onto a background image, the above identified prior art of record, taken alone, or in combination with any other prior art, fails to teach or fairly suggest the specific features of claims 3-9 and 11-13 of the present claimed invention. Specifically, prior art fails to teach the claimed method of generating data, wherein the background image includes images of an article and a package containing the article, and the first image processing is configured to generate the second code image that allows one of or both of the article and the package to be visible through the graphical code, the article and the package and further fails to teach the method of generating data, wherein the background image includes an image of an article, and the first image processing is configured to generate the second code image in which the graphical code is changed in accordance with a three-dimensional shape of the article. Prior art fails to teach the claimed method of generating data, wherein the background image includes an image of a package, and the first image processing is configured to generate the second code image in which the graphical code is changed in accordance with a three-dimensional shape of the package and further wherein the method includes generating a second image by applying second image processing to the first image, wherein the second image processing is changing at least one of color or contrast of the first image as a whole. Lastly, prior art fails to teach the claimed method of generating data wherein the method further comprises acquiring a third code image that is a graphical code; and generating the first image based on the third code image. The above limitations are not disclosed in prior art and moreover, one of ordinary skill in the art would not have been motivated to come to the claimed invention.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See attached PTO form 892, Refence Cited.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allyson N. Trail whose telephone number is (571) 272-2406. The examiner can normally be reached between the hours of 7:30AM to 4:00PM Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Lee, can be reached on (571) 272-2398. The fax phone number for this Group is (571) 273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [allyson.trail@uspto.gov].
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/ALLYSON N TRAIL/Primary Examiner, Art Unit 2876
January 14, 2026