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 .
Claim Objections
Claim objected to because of the following informalities: line 5 of claim 2 appears to be missing the word “image” after “compressed.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-5, 17, and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 3-5, 17, and 18 recite “displaying the at least one first pixel in a highlighted manner.” However, the specification does not describe the subject matter recited in the claims.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “ identifying, based on at least one of (1) pixel values of pixels included in the compressed image, or (2) a size of a structure of a target represented by the compressed image, at least one first pixel that is included in the compressed image and that is estimated to cause a reconstruction error in images corresponding to the respective wavelength bands, the images being reconstructed from the compressed image.” The claim does not recite what is being identified. Therefore, it is incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. Claim 19 is rejected using the same reasoning as stated above.
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, 2, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (US Pub. No. 2015/0312503).
Consider claim 1. Sato et al. discloses a method, which is an information processing method performed using a computer, comprising: acquiring a compressed image, in which information regarding wavelength bands is compressed (para. 0055 describes encoding an image, in which information regarding wavelength bands is encoded); and identifying, based on at least one of (1) pixel values of pixels included in the compressed image, or (2) a size of a structure of a target represented by the compressed image, at least one first pixel that is included in the compressed image and that is estimated to cause a reconstruction error in images corresponding to the respective wavelength bands, the images being reconstructed from the compressed image (para. 0081 describes pixel values of pixels included in the compressed image).
Consider claim 2. Sato et al. discloses the method according to claim 1, wherein in a case of (1), the identifying includes identifying at least one first pixel, based on (3) encoding information used to reconstruct the images from the compressed image, in addition to the pixel values of the pixels included in the compressed (para. 0188 describes identifying .
Consider claim 19. Sato et al. discloses all claimed limitations as stated above. Sato et al. further discloses an imaging device that has light receiving regions whose optical response characteristics are different from each other (para. 0058 describes an imaging apparatus includes an acquirer that receives light rays in a plurality of wavelength bands); and a processing circuit (para. 0257 describes a general-purpose processor).
Claim 20 is rejected using similar reasoning as corresponding claim 2 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mishawn N Hunter whose telephone number is (571)272-7635. The examiner can normally be reached Monday-Friday 7am-4pm.
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, Thai Tran can be reached at 571-272-7382. 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.
/MISHAWN N. HUNTER/Primary Examiner, Art Unit 2484
Prosecution Insights