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 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.
Claim(s) 1-2, 5-8 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Finlayson et al. (US 2022/0003988 A1, hereinafter “Finlayson”).
As to claim 1, Finlayson (Fig. 2) discloses a method for correcting a color of a surface (35) for a color vision deficiency by use of a device that includes a color sensor for sensing a color of a surface being scanned by the color sensor (10), having a sensitivity curve (Fig. 1b; Para. 0085), and the color sensor comprising one or more color sensing elements providing sensed information (Para. 0005), a processor (120) for determining the color of the scanned surface (Para. 0101), wherein said determining being based on said sensed information, and being further based on calculations in XYZ color space (Para. 0101), and a communication means (130) for providing a description of the color of the scanned surface (Para. 0104),
the method comprising the steps of:
indicating the color of the surface (35; Para. 0100), wherein indicating the color of the surface includes
powering the device (camera has to turned on to work),
bringing the color sensor of the device in ON-status (turned on camera),
bringing the color sensor close to or onto a surface to be scanned of which a color should be sensed by the color sensor (Fig. 2; Para. 0100),
scanning the surface to be scanned with the color sensor, and herewith sensing the color thereof to be sensed (Para. 0100),
providing sensed information of the color of the scanned surface to the processor (Para. 0048-0049, 0101),
determining by the processor the color of the scanned surface based on said sensed information, and further being based on calculations in XYZ color space (Para. 0101), and
providing a description of the color of the scanned surface (Para. 0100);
receiving or determining color vision deficiency (Figs. 1a, 1b; Para. 0086-0097, the matching result for the observer);
determining by the processor a correction of the color to be applied for said color vision deficiency such that the correction of the color for said color vision deficiency closely corresponds to a real-life and (almost) true version of the color in case of no color vision deficiency, wherein the correction being based on calculations in XYZ color space (Para. 0101-0103);
applying the correction of the color (Para. 0104); and
providing the correction of the color via the communication means (Fig. 2 element 130; Para. 0051, 0105).
As to claim 2, Finlayson discloses the method of claim 1, wherein said determining a correction of the color to be applied for said color vision deficiency is based on one or more mathematical formulas, or one more mathematical formulas that include calculations with XYZ and/or LMS color space values (Para. 0085-0095).
As to claim 5, Finlayson discloses the method of claim 1, wherein the processor of the device being used, is functioning real-time, and determining by the processor a correction of the color to be applied for said color vision deficiency is performed real-time (Para. 0105).
As to claim 6, Finlayson discloses the method of claim 1, wherein the communication means of the device being used, is used for receiving the color vision deficiency and/or is a display (Para. 0051).
As to claim 7, Finlayson discloses the method of claim 6, wherein the display comprises a user interface comprising selection options and/or buttons (Fig. 2, button on camera 10).
As to claim 8, Finlayson discloses the method of claim 1, wherein the device being used further comprises a power supply or an energy storage module or a battery, and operating the device for performing the correcting method is enabled stand-alone (power system of the camera).
As to claim 11, Finlayson discloses the method of claim 1, wherein the processor of the device being used, is capable of storing information including adaptable settings and/or a lookup table and/or the color and the correction thereof (Fig. 1 element 112; Para. 0014).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Finlayson as applied to claim 1 above, and further in view of Kahn et al. (US 2006/0139644 A1, hereinafter “Kahn”).
As to claim 3, Finlayson does not disclose the method of claim 1, wherein the color sensor of the device being used, comprises a light source having an emission spectrum, and bringing the color sensor of the device in ON-status implies that the light source is activated.
However, Kahn (Fig. 1) teaches wherein the color sensor of the device being used, comprises a light source (115A) having an emission spectrum, and bringing the color sensor of the device in ON-status implies that the light source is activated (Para. 0075, 0083).
It would have been obvious to one of ordinary skill in the art to combine the teaching of Kahn to include light source in the device disclosed by Finlayson. The motivation would have been to emit light (Kahn; Para. 0075).
As to claim 4, Finlayson in view of Kahn disclose the method of claim 3. Finlayson further discloses wherein the emission spectrum of the light source, together with said sensed information and the sensitivity curve of the color sensor, allow for calculations of XYZ values for the color of the scanned surface (Para. 0084).
As to claim 12,Finlayson does not disclose the method of claim 1, wherein the device being used further comprises a temperature sensor and/or movement sensor or a gyroscope, and applying the correcting method is taking into account temperature and/or movement sensitivities.
However, Kahn (Fig. 1) teaches wherein the device being used further comprises a temperature sensor (119) and/or movement sensor or a gyroscope, and applying the correcting method is taking into account temperature and/or movement sensitivities (Para. 0076).
It would have been obvious to one of ordinary skill in the art to combine the teaching of Kahn to include a temperature sensor in the device disclosed by Finlayson. The motivation would have been to make temperature compensations (Kahn; Para. 0076).
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Finlayson as applied to claim 1 above, and further in view of Smith et al. (US 2016/0357324 A1, hereinafter “Smith”).
As to claim 9, Finlayson discloses the method of claim 1, wherein the device being used further comprises one or more energy harvesting elements such that the device for performing the correcting method is a stand-alone device.
However, Smith teaches wherein the device being used further comprises one or more energy harvesting elements such that the device for performing the correcting method is a stand-alone device (Para. 0038).
It would have been obvious to one of ordinary skill in the art to combine the teaching of Smith to include an energy harvesting element in the device disclosed by Finlayson. The motivation would have been to provide power to a battery (Smith; Para. 0038).
As to claim 10, Finlayson in view of Smith discloses the method of claim 9. Smith further teaches wherein the one or more energy harvesting elements include photovoltaic cells (Para. 0038).
Claim(s) 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Azam et al. (US 2022/0148483 A1, hereinafter “Azam”) in view of Abraham et al. (US 2023/0032436 A1, hereinafter “Abraham”).
As to claim 13, Azam (Fig. 4) discloses a method for a correction of a color of a display (303) comprising a plurality of pixels of which one or more are emitting said color, wherein the correction is intended for correcting a color vision deficiency (307), the method comprising the steps of:
retrieving an original color value for one or more of the plurality of pixels emitting the color (Fig. 9 element 958; Para. 0036);
receiving or determining the color vision deficiency (Fig. 4-7=8; Para. 0030-0034);
determining the correction of the color to be applied for the color vision deficiency (Para. 0036-0037), wherein the correction being based on calculations in XYZ color space;
applying the correction of the color (Para. 0038); and
displaying for one or more of the plurality of pixels emitting the color, the correction of the color (Para. 0039).
Azam does not expressly disclose retrieving an original color value in XYZ color space of the color.
However, Abraham teaches retrieving an original color value in XYZ color space of the color (Para. 0151).
It would have been obvious to one of ordinary skill in the art to combine the teaching of Abraham to use XYZ color space in the device disclosed by Azam. The motivation would have been use a well-known CIE chromaticity diagram (Abraham; Para. 0148).
As to claim 14, Azam discloses the method of claim 13, wherein the determining the correction of the color to be applied for the color vision deficiency is real-time, and the method is a real-time method (Para. 0026).
As to claim 15, Azam discloses the method of claim 13, wherein the determining the correction of the color to be applied for the color vision deficiency is based on the original color value and the color vision deficiency (Fig. 7; Para. 0033-0034).
As to claim 16, Azam (Fig. 1) discloses a display (100) comprising:
a plurality of pixels of which one or more are emitting a color (Para. 0011);
a processor (102) for calculating, for one or more of the plurality of pixels emitting the color, a correction of the color to be applied for a color vision deficiency (112; Para. 0014), using the method of claim 13, such that the correction of the color for said color vision deficiency corresponds closely to a real-life and (almost) true version of the color in case of no color vision deficiency (Para. 0031, regular vision profile); and
a memory (Fig. 2 element 220) for storing one or more factors related to said color vision deficiency (Para. 0019);
wherein said processor is configured to receive and interpret said one or more factors and to convert said one or more factors to computing values to be applied (Para. 0020).
As to claim 17, Azam discloses the display of claim 16, wherein the processor calculates in real-time for the one or more of the plurality of pixels emitting the color (Para. 0026).
As to claim 18, Azam discloses the display of claim 16, wherein said processor is configured to receive and interpret said one or more factors and to convert said one or more factors to computing values to be applied in real- time (Para. 0026, 0039).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant‘s disclosure.
Smith et al. (US 2020/0020138 A1) discloses handling color vision deficiencies (Fig. 4).
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BIPIN GYAWALI
Examiner
Art Unit 2625
/BIPIN GYAWALI/ Examiner, Art Unit 2625