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 .
Specification
The specification (including the abstract and claims), and any amendments for applications, except as provided for in 37 CFR 1.821 through 1.825, must have text written plainly and legibly either by a typewriter or machine printer in a nonscript type font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm. (0.125 inch) high, but may be no smaller than 0.21 cm. (0.08 inch) high (e.g., a font size of 6) in portrait orientation and presented in a form having sufficient clarity and contrast between the paper and the writing thereon to permit the direct reproduction of readily legible copies in any number by use of photographic, electrostatic, photo-offset, and microfilming processes and electronic capture by use of digital imaging and optical character recognition; and only a single column of text. See 37 CFR 1.52(a) and (b).
The application papers are objected to because symbols and equations images throughout the specification, as result of paste / format conversion, are nearly illegible, as in following example:
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A legible substitute specification in compliance with 37 CFR 1.52(a) and (b) and 1.125 is required.
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.
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 signal control circuit configured “to receive…” “to generate…” “calculating…” “converting…”
a brightness ratio calculation unit configured “to calculate…”
a white calculation unit configured “to covert…”
a color coordination calculation unit configured “to calculate…”
a first conversion unit configured “to convert…”
a second conversion unit configured “to convert…”
from claims 1, 5, 7, 8, 9, 10, 11, and 15, and dependent claims thereof.
In particular, each of above reference unit/circuit is a generic placeholder term as means to perform function followed such as to calculate, generate, or convert image signal / data, without particular limitation as to circuit structure or component to carry out such function.
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.
Corresponding structure and equations for calculate, convert, and generate image data / signal by the above circuit / unit are found in fig. 9-13, paragraphs 145-194 of filed specification.
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 § 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.
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.
Claim 1-20 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 enablement requirement. Or, alternatively, claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as at least 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. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
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 signal control circuit configured “to receive…” “to generate…” “calculating…” “converting…”
a brightness ratio calculation unit configured “to calculate…”
a white calculation unit configured “to covert…”
a color coordination calculation unit configured “to calculate…”
a first conversion unit configured “to convert…”
a second conversion unit configured “to convert…”
from claims 1, 5, 7, 8, 9, 10, 11, and 15, and dependent claims thereof.
In particular, each of above reference unit/circuit is a generic placeholder term as means to perform function followed such as to calculate, generate, or convert image signal / data, without particular limitation as to circuit structure or component to carry out such function.
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.
Corresponding structure and equations for calculate, convert, and generate image data / signal by the above circuit / unit are found in fig. 9-13, paragraphs 145-194 of filed specification.
The image of equation / formula contain illegible symbol / phrases as noted in specification objection above.
Fig. 8A, 8B, paragraphs 134-144 explained motivation of instant invention in pending application.
With SR defined as ratio of external light luminance divided by image signal luminance, fig. 8A, 8B illustrate actual values of color temperatures of user perceived neutral white point obtained via experiment under different SR, and it is noted that color temperature of user perceived neutral white point converge toward a fixed value when ambient / external light luminance is high compared to image signal luminance (i.e. a high SR). Meanwhile, user perceived neutral white point changes more abruptly within a range of SR from 0 to 0.5. Therefore, “Setting the neutral point of the electronic device 1000 may play an important role in improving display quality because it affects color including richness, hue, naturalness, and preference” (specification paragraph 144).
Hence, the display device of instant application is configured to continuously correct color temperature of input image signal while external light is low and SR ratio is low, and apply fixed color temperature when external light is high and SR ratio is high, as described in paragraph 153 of specification:
“in the signal control circuit 100C1 that generates the image data DS based on the brightness ratio LR, when the luminance of the display layer 100 is brighter than the luminance of external lighting, the illuminance sensor LSN may continuously sense the illuminance value IL and may output the white color coordinates CT. When the luminance of the external lighting is brighter than or equal to the luminance of the display layer 100, the color coordinate calculation unit 130C1 may not calculate white color coordinates CT but may fix the white color coordinates CT to white color coordinates at a point in time, at which the ratio value SR is 1, so as to be output. When the ratio value SR is greater than 1 in the first graph GP1 (refer to FIG. 8A) and the second graph GP2 (refer to FIG. 8B), the CCT neutral point may converge to a predetermined level. Accordingly, even when the white color coordinates CT is fixed to the white color coordinates CT at a point in time when the ratio value SR is 1 and is output, the user may not perceive a difference. Accordingly, the electronic device 1000 with reduced power consumption may be provided”.
Similar description of instant invention is given in paragraphs 185, 192:
“A neutral point perceived by a user’s eyes may vary depending on the color temperature of external light. In an embodiment, the white point of a display may appear white to the user in outdoor ambient lighting conditions, but may appear blue to the user in an indoor environment when the user’s eyes are acclimated to the warmer light generated by an indoor light source, for example. Moreover, even when the color temperature of external light is the same, the neutral point of the display layer 100 may vary depending on the luminance of each of the external light and the display layer 100. In an embodiment of the disclosure, the signal control circuit 100C1 may output the brightness ratio LR considering the luminance of external light and the luminance of the display layer 100 and may output the white color coordinates CT having the corrected color temperature based on the brightness ratio LR. The signal control circuit 100C1 may generate the image data DS based on the image signal RGB and the white color coordinates CT. Accordingly, the electronic device 1000 with improved display quality may be provided.”
“As described above, in a signal control circuit that generates image data based on a brightness ratio, when luminance of a display layer is brighter than luminance of external lighting, an illuminance sensor may continuously sense an illuminance value and may output white color coordinates. When the luminance of the external lighting is brighter than or equal to the luminance of the display layer, a color coordinate calculation unit may not calculate white color coordinates but may fix white color coordinates to white color coordinates at a point in time, at which a ratio value is 1, so as to be output. Accordingly, an electronic device with reduced power consumption may be provided.”
In summary, according to the above cited specification, to improve display quality, white balance / white color coordinate is set as a fixed value when external / ambient light level is high, and fluctuate based on image signal and ratio of external light to image signal light when external light level is low.
However, in the equation given in paragraph 175 for the recognition value calculation unit (a part of claimed color coordination calculation unit) to calculate a white color coordinate, not only the calculated white color coordination does not achieve the intended function as described in paragraphs 153, 185 and 192 above, but contradict it by having white color coordinate to be calculated as a fixed value when external light level is low, and have the white color coordinate fluctuate based on input image signal when external light level is high:
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In equation 7, LMSA is derived from current input image signal RGB (see paragraphs 154-167), it is noted that input RGB image signal, which may contain red, green, and blue greyscale value, varies from frame to frame. As an example, an input RGB image signal for a frame may be pure blue grey scale value of [0, 0, 255] Meanwhile, LMSD is a designated fixed value.
The final output LMSW value is based on function of ratio SR (ratio of external light luminance to image signal luminance)
It is noted ratio of SR approach 0 when external light level is low, and ratio of SR approach 1 when external light level is high, as outlined in paragraph 152.
Based on equation 7, the output LMSW value, which is used to calculate final white color coordinate value approach a fixed value LMSD when external light level is low (that is, 1 – f(SR) approach 0). On the other hand, when external light level is high (f(SR) approach 1), the calculated LMSW value fluctuate instead based on color of input image signal RGB.
Hence, the equation given in paragraph 175 to calculate white color coordinate value directly contradict with function / description of color coordinate calculation unit as described in paragraph 153, 185, and 192 of specification.
According to equation 7, not only the calculated neutral white point is not corrected based on color temperature of external light, the calculated neutral white point randomly fluctuates around based on chromaticity of input image signal RGB when input signal RGB contain non-white signal. In other words, the calculated “white color coordinate” may not be “white” at all, contrary to the plain meaning of claim limitation “white color”.
In addition to ambiguity in how the claimed white color coordinate is calculated, the specification lacks enabling description for claimed feature of “wherein the signal control circuit generates the image data based on the image signal and the white color coordinates”.
Throughout the disclosure of pending application, paragraphs where it is described “the signal control circuit generate the image data based on the image signal” contain only a single line reciting “The signal control circuit 100C1 may generate the image data DS based on the image signal RGB and the white color coordinates CT” with no explanation how image data is generated based on white color coordinates CT.
Given that white color coordinate CT is an application defined value with indefinite calculation method as noted above, how image data is generated by signal control circuit based on white color coordinate CT is not sufficiently described by disclosure of pending application to enable one of ordinary skill in the art to make/use the invention. Determination of patentability is precluded as scope of claim is currently not definitely enabled and defined.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Seo et al., US 20170213491 A1 discloses a color compensator configured to calculate a mixed color coordinate of a mixed light of an image light and an external light based on a first color coordinate of the image light, a second color coordinate of the external light, and a luminance ratio of a second luminance value of the external light to a first luminance value of the image light and configured to compensate the first color coordinate based on the mixed color coordinate to generate an output image data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEIJIE SHEN whose telephone number is (571)272-5522. The examiner can normally be reached Monday - Friday 10AM - 6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick Edouard can be reached at 5712727603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PEIJIE SHEN/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622
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