DETAILED ACTION
This office action is responsive to application 19/208,159 filed on May 14, 2025. Claims 1-20 are pending in the application and have been examined by the Examiner.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on December 18, 2025 was received and has been considered by the Examiner.
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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-13 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter for at least the following reasons:
Claims 1-13 and 20 are directed to “one or more hardware storage devices that store instructions that are executable by one or more processors”. Paragraph 00160 of the specification equates a “hardware storage device” with “computer storage media”, and further states that the computer storage media may be “any other medium that can be used to store desired program code means in hardware in the form of computer-executable instructions, data, or data structures and that can be accessed by a general-purpose or special-purpose computer”. Based upon this disclosure, under its broadest reasonable interpretation, the hardware storage device can be interpreted to cover transitory signals such as carrier waves, as transitory signals may be used to store program code means in the form of computer-executable instructions in hardware (i.e. program code may be received and stored in the hardware via transitory signals). As such, the claim is not limited to non-transitory embodiments, and the specification does not provide a definition limiting the meaning of this term to only non-transitory embodiments. The claim therefore can be reasonably interpreted as encompassing transitory signal embodiments, which are nonstatutory (In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007)). If the specification includes written description support, this rejection can be overcome by including the term “non-transitory” in the claim (see USPTO Official Gazette notice 1351 OG 212.).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,368,966. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 are anticipated by claims 1-19 of US 12,368,966.
Consider claim 1, claim 1 of US 12,368,966 teaches (in parentheses):
One or more hardware storage devices that store instructions that are executable by one or more processors of a system for facilitating dark current compensation by weighted filtering to configure the system to: (one or more hardware storage devices that store instructions that are executable by the one or more processors to configure the system to:)
access an input image, wherein the input image is captured under ambient light conditions; (access an input image, wherein the input image is captured under ambient light conditions;)
receive an input dark current image; (receive an input dark current image;)
generate a corrected dark current image at least by scaling pixel values of the input dark current image based upon the ambient light conditions under which the input image is captured; (generate a corrected dark current image at least by scaling pixel values of the input dark current image based upon the ambient light conditions under which the input image is captured;)
generate a weight map comprising a weight value for each pixel of the corrected dark current image, wherein, for each pixel of the corrected dark current image, the weight value of the weight map is based upon a light level of the pixel of the corrected dark current image; (generate a weight map comprising a weight value for each pixel of the corrected dark current image, wherein, for each pixel of the corrected dark current image, the weight value of the weight map is based upon a light level of the pixel of the corrected dark current image;) and
generate an output image by utilizing the weight map to filter the input image (generate an output image by utilizing the weight map to filter the input image).
Consider claim 2, claim 2 of US 12,368,966 teaches (in parentheses): the input dark current image is generated based upon a factory calibrated dark current image. (the input dark current image is generated based upon a factory calibrated dark current image)
Consider claim 3, claim 3 of US 12,368,966 teaches (in parentheses): the input dark current image is generated based upon a modified factory calibrated dark current image, wherein the modified factory calibrated dark current image is interpolated or extrapolated from the factory calibrated dark current image based upon runtime image capture conditions and image capture conditions associated with the factory calibrated dark current image. (the input dark current image is generated based upon a modified factory calibrated dark current image, wherein the modified factory calibrated dark current image is interpolated or extrapolated from the factory calibrated dark current image based upon runtime image capture conditions and image capture conditions associated with the factory calibrated dark current image)
Consider claim 4, claim 4 of US 12,368,966 teaches (in parentheses): the input dark current image comprises a dynamic dark current image determined based at least in part on the modified factory calibrated dark current image. (the input dark current image comprises a dynamic dark current image determined based at least in part on the modified factory calibrated dark current image)
Consider claim 5, claim 5 of US 12,368,966 teaches (in parentheses): the dynamic dark current image is generated by updating the modified factory calibrated dark current image with a dark current residual image. (the dynamic dark current image is generated by updating the modified factory calibrated dark current image with a dark current residual image)
Consider claim 6, claim 6 of US 12,368,966 teaches (in parentheses): generating the corrected dark current image comprises converting input dark current image into gamma corrected space. (generating the corrected dark current image comprises converting input dark current image into gamma corrected space)
Consider claim 7, claim 7 of US 12,368,966 teaches (in parentheses): generating the corrected dark current image comprises scaling pixel values of the input dark current image by a gain value. (generating the corrected dark current image comprises scaling pixel values of the input dark current image by a gain value)
Consider claim 8, claim 8 of US 12,368,966 teaches (in parentheses): the gain value is associated with the input image used to generate the output image. (the gain value is associated with the input image used to generate the output image)
Consider claim 9, claim 9 of US 12,368,966 teaches (in parentheses): the weight value of the weight map for each pixel of the corrected dark current image is based upon a difference between a maximum light level value and the pixel of the corrected dark current image. (the weight value of the weight map for each pixel of the corrected dark current image is based upon a difference between a maximum light level value and the pixel of the corrected dark current image)
Consider claim 10, claim 10 of US 12,368,966 teaches (in parentheses): the weight map comprises an inverse image of the corrected dark current image. (the weight map comprises an inverse image of the corrected dark current image)
Consider claim 11, claim 11 of US 12,368,966 teaches (in parentheses): generating the output image comprises utilizing the weight map to generate a weighted combination of the input image and a set of alternative pixel values. (generating the output image comprises utilizing the weight map to generate a weighted combination of the input image and a set of alternative pixel values)
Consider claim 12, claim 12 of US 12,368,966 teaches (in parentheses): the set of alternative pixel values comprises a motion compensated previous image. (the set of alternative pixel values comprises a motion compensated previous image)
Consider claim 13, claim 13 of US 12,368,966 teaches (in parentheses):
the set of alternative pixel values comprises, for each pixel of the input image, one or more neighboring pixels of the input image. (the set of alternative pixel values comprises, for each pixel of the input image, one or more neighboring pixels of the input image)
Consider claim 14, claim 14 of US 12,368,966 teaches (in parentheses): A method for facilitating dark current compensation by weighted filtering, the method: (A system for facilitating dark current compensation by weighted filtering, comprising: one or more processors; and one or more hardware storage devices that store instructions that are executable by the one or more processors to configure the system to:)
generating a dark current corrected image by subtracting an input dark current image from an input image; (generate a dark current corrected image by subtracting an input dark current image from an input image;)
generating a motion compensated previous image by applying motion compensation to a previous image; (generate a motion compensated previous image by applying motion compensation to a previous image;) and
generating an output image by computing a weighted average of the dark current corrected image and the motion compensated previous image using a weight map, wherein the weight map is generated based upon ambient light conditions associated with the input image (generate an output image by computing a weighted average of the dark current corrected image and the motion compensated previous image using a weight map, wherein the weight map is generated based upon ambient light conditions associated with the input image).
Consider claim 15, claim 15 of US 12,368,966 teaches (in parentheses): the input dark current image is generated based upon a factory calibrated dark current image. (the input dark current image is generated based upon a factory calibrated dark current image)
Consider claim 16, claim 16 of US 12,368,966 teaches (in parentheses): the input dark current image is generated based upon a modified factory calibrated dark current image, wherein the modified factory calibrated dark current image is interpolated or extrapolated from the factory calibrated dark current image based upon runtime image capture conditions and image capture conditions associated with the factory calibrated dark current image. (the input dark current image is generated based upon a modified factory calibrated dark current image, wherein the modified factory calibrated dark current image is interpolated or extrapolated from the factory calibrated dark current image based upon runtime image capture conditions and image capture conditions associated with the factory calibrated dark current image)
Consider claim 17, claim 17 of US 12,368,966 teaches (in parentheses): the input dark current image comprises a dynamic dark current image determined based at least in part on the modified factory calibrated dark current image. (the input dark current image comprises a dynamic dark current image determined based at least in part on the modified factory calibrated dark current image)
Consider claim 18, claim 18 of US 12,368,966 teaches (in parentheses): the dynamic dark current image is generated by updating the modified factory calibrated dark current image with a dark current residual image. (the dynamic dark current image is generated by updating the modified factory calibrated dark current image with a dark current residual image)
Consider claim 19, claim 19 of US 12,368,966 teaches (in parentheses): the weight map comprises an inverse image of a corrected dark current image generated at least by scaling pixel values of the input dark current image based upon ambient light conditions. (the weight map comprises an inverse image of a corrected dark current image generated at least by scaling pixel values of the input dark current image based upon ambient light conditions)
Consider claim 20, claim 14 of US 12,368,966 teaches (in parentheses): One or more hardware storage devices that store instructions that are executable by one or more processors of a system for facilitating dark current compensation by weighted filtering to configure the system to: (A system for facilitating dark current compensation by weighted filtering, comprising: one or more processors; and one or more hardware storage devices that store instructions that are executable by the one or more processors to configure the system to:)
generate a dark current corrected image by subtracting an input dark current image from an input image; (generate a dark current corrected image by subtracting an input dark current image from an input image;)
generate a motion compensated previous image by applying motion compensation to a previous image; (generate a motion compensated previous image by applying motion compensation to a previous image;) and
generate an output image by computing a weighted average of the dark current corrected image and the motion compensated previous image using a weight map, wherein the weight map is generated based upon ambient light conditions associated with the input image (generate an output image by computing a weighted average of the dark current corrected image and the motion compensated previous image using a weight map, wherein the weight map is generated based upon ambient light conditions associated with the input image).
Allowable Subject Matter
Claims 14-19 would be allowed upon submission of a proper Terminal Disclaimer overcoming the double patenting rejection outline herein.
The following is a statement of reasons for the indication of allowable subject matter:
Consider claim 14, the prior art of record does not teach nor reasonably suggest a method for facilitating dark current compensation by weighted filtering, the method comprising, as a whole: generating a dark current corrected image by subtracting an input dark current image from an input image; generating a motion compensated previous image by applying motion compensation to a previous image; and generating an output image by computing a weighted average of the dark current corrected image and the motion compensated previous image using a weight map, wherein the weight map is generated based upon ambient light conditions associated with the input image, as is recited in claim 14.
Claims 15-19 contain allowable subject matter as depending from claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT H CUTLER whose telephone number is (571)270-1460. The examiner can normally be reached approximately Mon - Fri 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571)272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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