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 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: a “color information acquisition unit” and a “warning unit” in claims 1-9, a “generation unit” in claims 2-6, and a “control unit” in claims 7 and 9.
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. The “color information acquisition unit”, “warning unit”, “generation unit”, and “control unit” are being interpreted to cover processor 10a (CPU, ROM, RAM) described in the specification (par. 37, 57:) 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 § 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.
Claims 1-2, 4-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Katayama et al (US 20110069333 A1) in view of Takasaki (US 20220256056 A1).
Referring to claim 1:
Katayama et al disclose an information processing apparatus (16) comprising a color information acquisition unit (processor 70/74) that acquires, based on input to a usage amount specification screen that specifies a usage amount of a color material (par. 83-92, Fig. 4: setting screen for entering a designated color; and par. 93-109, Figs. 5-7: setting screens for adjusting a designated color), the usage amount of the color material when a reference color is printed by a printing apparatus (color chart 34c printed by printing machine 18).
Katayama et al do not disclose a warning unit that displays no warning regarding reproducibility of the reference color when the usage amount of the color material is a first usage amount, and displays a warning regarding reproducibility of the reference color when the usage amount of the color material is a second usage amount greater than the first usage amount.
However, Takasaki disclose entry of print settings by a user (par. 70-78, Fig. 4). A spot color printing warning alert 1500 displays a warning message that it is not possible to carry out the spot color printing desired by the user (par. 116, Fig. 15A).
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Katayama et al in view of Takasaki to include a warning unit that displays no warning regarding reproducibility of the reference color when the usage amount of the color material is a first usage amount, and displays a warning regarding reproducibility of the reference color when the usage amount of the color material is a second usage amount greater than the first usage amount. Such a modification would provide the advantage of warning a user to avoid the occurrence of unintended print results, and by extension, preventing the waste of printing consumables (e.g., paper, ink), power, and time.
Referring to claim 2:
Katayama et al disclose the color information acquisition unit acquires, among parameters that specify the reference color, variation parameters, which are parameters to be varied (Figs. 4-7), the variation parameters including a parameter of a device-independent color space (par. 134 or par. 144), and a generation unit (par. 73, 128: print profile processor 74 for converting device-independent data into print data) generates print data for printing a color chart (34c) including a surrounding color, which is a color generated by varying values of the variation parameters in the reference color, and the reference color (par. 100-104, Fig. 6: set values of color difference intervals).
In the combination with Takasaki, when the variation parameters include a parameter of a device-independent color space, the warning unit would display no warning when the usage amount of the color material is the first usage amount (i.e., when printing the spot / reference color desired by the user is possible) and would display a warning when the usage amount of the color material is the second usage amount (i.e., when it is not possible to print the spot / reference color desired by the user).
Referring to claim 4:
Katayama et al disclose the first usage amount and the second usage amount are a total usage amount of a plurality of the color materials used by the printing apparatus (i.e., the first and second usage amount of a plurality of the color materials used to print a spot color is based on one set or another set of specifications designated and adjusted on the setting screens noted above, the resulting print data generated by processor 74 being the total ink used by the printer in step S65 of the process of designating and adjusting color for printed color chart 34c).
Referring to claim 5:
Katayama et al disclose the generation unit, when the variation parameters include a parameter of a device-independent color space, converts the usage amount of the color material into a value of the parameter of the device-independent color space, varies the values of the variation parameters, and generates the surrounding color (par. 100-104, Fig. 6: set the color values (L*, a*, b*) of a reference color and the values of color difference intervals).
Referring to claim 8:
This claim is the product or article of manufacture (i.e., a non-transitory computer readable storage medium) storing an information processing program, the program causing a computer to function as the apparatus as set forth in claim 1. Katayama et al (par. 82) and Takasaki (par. 166) discloses such a product for this purpose. Therefore, this claim is rejected for the same reasons as presented above.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Katayama et al (US 20110069333 A1) in view of Ukishima (US 20140085683 A1)
Referring to claim 7:
Katayama et al disclose an information processing apparatus (16) comprising a color information acquisition unit (processor 70/74) that acquires, based on input to a usage amount specification screen that specifies a usage amount of a color material (par. 83-92, Fig. 4: setting screen for entering a designated color; and par. 93-109, Figs. 5-7: setting screens for adjusting a designated color), the usage amount of the color material when a reference color is printed by a printing apparatus (color chart 34c printed by printing machine 18).
Katayama et al do not disclose a control unit that enables execution of printing of the reference color when the usage amount of the color material is a first usage amount, and prohibits printing of the reference color when the usage amount of the color material is a second usage amount greater than the first usage amount.
However, Ukishima discloses setting an upper limit value of the used color material amount (i.e., total color material amount upper limit value) by the scale of the color material amount and preventing printing from being performed over the upper limit value (par. 51).
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Katayama et al in view of Ukishima to include a control unit that enables execution of printing of the reference color when the usage amount of the color material is a first usage amount, and prohibits printing of the reference color when the usage amount of the color material is a second usage amount greater than the first usage amount. Such a modification would provide the advantage of preventing undesirable printing effects like poor ink absorption or paper deformation, and a waste of printing consumables (e.g., paper, ink), power, and time that would otherwise result from using too much total color material (ink) when printing.
Referring to claim 9:
This claim is the product or article of manufacture (i.e., a non-transitory computer readable storage medium) storing an information processing program, the program causing a computer to function as the apparatus as set forth in claim 1. Katayama et al (par. 82) and Ukishima (par. 147) discloses such a product for this purpose. Therefore, this claim is rejected for the same reasons as presented above.
Allowable Subject Matter
Claims 3 and 6 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.
Referring to claim 3, the prior art searched and of record neither anticipates nor suggests in the claimed combinations, the limitation of displaying no warning when the usage amount of the color material is the first usage amount and displaying no warning when the usage amount of the color material is the second usage amount..
Referring to claim 3, the prior art searched and of record neither anticipates nor suggests in the claimed combinations, the limitation of determining whether the usage amount of the color material is the second usage amount greater than the first usage amount according to a learning range of the color conversion model.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (i.e., a descriptive title that distinguishes the invention and is not a generic or general description). The new title should take into account any amendments to the claims to best indicate the claimed invention.
The title must be as short and specific as possible (see 37 CFR 1.72(a)), distilling a description of the claimed invention into as few words as possible to capture the essence of the claimed invention. Rather than reciting statutory categories (apparatus, method, product) and some generic descriptor (e.g., information processing), a title that is specific, but characterizes the essence or key aspect(s) of the claimed invention, should be submitted.
Information Disclosure Statement
The information disclosure statement(s) submitted on 28 February 2025 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the statement(s) (has / have) been considered by the examiner.
Applicant has provided an explanation of relevance of the cited document JP 7314628 B2 (US 2020/0389570A1) on pages 1-2 of the specification.
Cited Art
The prior art and other references made of record and not relied upon are considered pertinent to applicant's disclosure.
Nishikawa et al (US 6923523 B2) disclose printing patches accurately while avoiding an excessive application of color materials such as ink or toner. On the basis of these patches, a conversion relationship for an accurate color transformation is obtained. Specifically, if any of the patches has a total color material use amount exceeding a maximum total color material use amount determined on the basis of the absorption of ink by printing medium or the like, signal values for this patch are converted so that its total color material use amount does not exceed the maximum total color material use amount. Then, within the range of colorimetric data on patches outputted on the basis of the patch data, a target color having the highest saturation is determined for each hue. Thus, combinations of color materials in a table obtained on the basis of the set target do not exceed the maximum total color material use amount.
Kaneko et al (US 7961352 B2) disclose a printing control device which performs printing control for printing by using color materials of a plurality of types, includes: acquiring unit that acquires a color material set which is a combination of the color materials used for printing; and creation unit that creates a color conversion profile which prescribes conversion rules for converting image data expressed by a first color space into image data expressed by a second color space which differs from the first color space and which is a color space expressed by a color material amount set which is a combination of usage amounts for the respective color materials constituting the color material set. A warning may be issued in cases where the color material set does not possess a color reproduction gamut which is suitable for printing the image data of the print target.
Nishizaki (US 9396419 B2) discloses a data-processing apparatus that modifies a part of a plurality of measurement values defined in a specified color space to acquire modified measurement values; and generates color conversion data by using the modified measurement values. A dark range is defined by lightness of a maximum chroma measurement value and includes a first color range and a second color range. The first color range includes at least a part of an outer layer corresponding to a target color range. The second color range is at least a part of a portion inside the first color range in the dark color range. The data-processing apparatus performs the modification to meet the following conditions (a) and (b): (a) lightness of each measurement value within the first color range is not increased; and (b) lightness of each measurement value within the second color range is increased. Note step S170 in par. 47.
Yamamoto (US 11297206 B2) disclose a color prediction model creation device configured to create a color prediction model for predicting color values of a device-independent color system from an ink amount set includes: a first color prediction model creation unit configured to acquire a first spectral reflectance of a color chart printed on a first printing medium by using a first ink amount set, and create a first color prediction model for the first printing medium by learning a correspondence relationship between the first ink amount set and the first spectral reflectance; and a second color prediction model creation unit configured to acquire a second spectral reflectance of a color chart printed on a second printing medium by using a second ink amount set having a smaller number of combinations than that of the first ink amount set, and create a second color prediction model for the second printing medium by learning using the second ink amount set, the second spectral reflectance and the first color prediction model..
Yamamoto et al (US 11297208 B2) disclose a method of creating teacher data used for creating a color prediction model that predicts a spectral reflectance of a printed matter printed using an ink amount set from the ink amount set that is a combination of ink amounts of inks used for printing, includes, in an ink amount space in which a plurality of lattice points are disposed, selecting an ink amount set from an ink amount set associated with each lattice point, according to a predetermined selection rule, acquiring a spectral reflectance of a color chart printed on a printing medium using the selected ink amount set, and setting the teacher data using the selected ink amount set as an input value and the acquired spectral reflectance as an output value.
Yamamoto (US 11321026 B2) disclose a color value prediction system includes a color-value predicting section configured to receive an input of information representing ink amounts of a first apparatus and output spectral reflectance, a receiving section configured to receive an input of information representing a designated color gamut, a preparing section configured to prepare first teacher information representing a plurality of sets of combinations of ink amounts of the first apparatus and second teacher information, which is a plurality of sets of spectral reflectance respectively associated with the plurality of sets of combinations of ink amounts of the first teacher information, and a generating section configured to generate the color-value predicting section with machine learning in which the first teacher information serving as an input value and the second teacher information serving as an output value are used as teacher data. The first teacher information includes designated teacher information representing a combination of ink amounts of the first apparatus representing a color included in the designated color gamut.
Teraue (US 20110058196 A1) disclose an image processing apparatus that has a color chart condition setter for setting colorimetric values of a designated color as a reference color, and an image data generator for generating image data of pixel values calculated such that a plurality of color patches are arranged in a two-dimensional pattern on a print medium around the reference color set by the color chart condition setter, and color differences in an equal color space between adjacent ones of the color patches are represented by a substantially equal interval along a row or column of color patches.
Tanaka (US 20180376032 A1) disclose a color chart for color selection to select a color patch of the closest color to a target color from among a plurality of the color patches, in which the color patch that represents colors of either an adjustment target color or a reference color that substitutes the adjustment target color is a target patch, a direction that represents a direction in which a color is to be adjusted from the target patch in the color chart for color selection is an adjustment direction, and the adjustment direction from the target patch is wider than the direction counter to the adjustment direction from the target patch.
Hirayama (US 20250036328 A1) discloses an image processing method for acquiring image data and causing a display device to display a color setting unit for configuring a setting for a color of the image data is provided, the image processing method including: causing a color conversion profile designation unit to be displayed in the color setting unit, the color conversion profile designation unit being for designating a color conversion profile, when the image data includes only first image data representing a first image with a plurality of colors including a color other than a special color; and causing the color conversion profile designation unit and an amount-of-color-material designation unit to be displayed, the amount-of-color-material designation unit being for designating an amount of a plurality of color materials used in a printing device, when the image data includes the first image data and second image data representing a second image with the special color.
Yokohashi et al (US 20250097370 A1) disclose a color conversion apparatus that includes a processor configured to: in conversion of a signal value in a first color space to a signal value in a second color space, the signal value in the first color space representing an image, the signal value in the second color space including YMCK signals and at least one spot color signal, the YMCK signals corresponding to amounts, to be used, of color materials of YMCK colors, the at least one spot color signal corresponding to an amount, to be used, of color material of a spot color, the spot color being other than YMCK colors, set at least one spot-color conversion ratio in accordance with a property of an image that is to be printed by using the signal value in the second color space, the at least one spot-color conversion ratio being a ratio for converting the signal value in the first color space to the at least one spot color signal.
Kibune (US 20250277703 A1), filed by Applicant, discloses an information processing apparatus including: an acquisition unit that acquires, from among a plurality of color materials, a specified color material, which is a specified color material, as a parameter for varying color values of color patches; and a generation unit that generates print data for printing a color chart including a first color patch and a second color patch, in which the first color patch and the second color patch differ in usage amount of the specified color material but have the same usage amounts of color materials other than the specified color material.
Kibune (US 20250278220 A1), filed by Applicant, discloses an information processing apparatus including: a color value acquisition unit that acquires a first color value indicating a color of a first color patch included in a color chart and a second color value indicating a color of a second color patch; a reproducibility acquisition unit that acquires a first reproducibility indicating color reproducibility when the first color patch is printed by a printing apparatus based on the first color value and acquires a second reproducibility indicating color reproducibility when the second color patch is printed by the printing apparatus based on the second color value; and a generation unit that generates print data for printing the color chart, in which when the first reproducibility is lower than the second reproducibility, the generation unit generates the print data for printing the color chart in which the first color patch and the second color patch have different representations.
Kifune (JP 2025133438 A), filed by Applicant, discloses an information processing apparatus addressing color matching performed with restrictions on a coloring material to be used. The apparatus comprises: a target color acquisition unit that acquires a target color that is a color to be subjected to color matching; a coloring material acquisition unit that acquires, from a plurality of coloring materials that can be used in a printer, use coloring materials that are all or part of the coloring materials used for printing in the target color; and a usage output unit that outputs the usage of each of the use coloring materials for performing printing in the target color by using the use coloring materials in the printer. A warning is displayed stating that the color difference between the print color and the target color is equal to or greater than the threshold, and that printing with the currently specified usage amount may result in a color different from the target color.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott Rogers whose telephone number is 571-272-7467. The examiner can normally be reached 8 am to 7 pm flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Scott A Rogers/
Primary Examiner, Art Unit 2683
23 September 2026
