Detailed Office 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 .
Status: Please all the replies and correspondence should be addressed to Examiner’s new art unit 2629. Receipt is acknowledged of papers submitted on 07-07-2025 under new application being continuation of parent Application No. 18,644,447 filed 04/24/2024 matured to U.S. Patent No. 12,380,825; which is continuation of parent Application No. 17,741,573 filed on 05/11/2022 matured to U.S. Patent No. 11,996,024; which is continuation of PCT/KR2022/005757 filed on 04/22/2022, which have been placed of record in the file. Claims 1-15 are pending in this action.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. . 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07-07-2025, 12-30-2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 are rejected on the ground of nonstatutory double patenting over claims 1-17 of US patent No. 12,380,825 B2 and claims 1-15 of U.S. Patent No. 11,996;024 B2, if allowed, would improperly extend the “right to exclude” already granted in the patent. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Comparison of claims 1-15 of Instant application to claims 1-17 of US patent No. 12,242,148 B2 and claims 1-15 of U.S. Patent No. 11, 11,996;024 B2.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Instant Application Number
19,261,566
US Patent No. 12,380,825
U.S. Patent No.11,996,024
. 1. A display device comprising: a display; a memory storing one or more instructions; and a processor configured to execute the one or more instructions stored in the memory to: extract first feature information corresponding to a first image, second feature information corresponding to each of a plurality of regions included in the first image, and third feature information corresponding to each of a plurality of object regions included in the first image, obtain a first contrast ratio enhancement curve corresponding to the first image by applying the first feature information to a curve generation network, obtain a second contrast ratio enhancement curve corresponding to each of the plurality of regions by applying the second feature information to a curve generation network ,obtain a third contrast ratio enhancement curve corresponding to each of the plurality of object regions by applying the third feature information to a curve generation network ,obtain a fourth contrast ratio enhancement curve corresponding to each of the plurality of regions based on the first contrast ratio enhancement curve, the second contrast ratio enhancement curve, and the third contrast ratio enhancement curve ,generate an adjusted image by applying the fourth contrast ratio to each of the plurality of regions of the first image, and control the display to display the adjusted image
US Patent No. 12,380,825
1. A display device comprising: a display; a memory storing one or more instructions; and a processor configured to execute the one or more instructions stored in the memory to: extract first feature information corresponding to a first image, second feature information corresponding to each of a plurality of regions included in the first image, and third feature information corresponding to each of a plurality of object regions included in the first image, obtain a first contrast ratio enhancement curve corresponding to the first image by applying the first feature information to a curve generation network, obtain a second contrast ratio enhancement curve corresponding to each of the plurality of regions by applying the second feature information to a curve generation network, obtain a third contrast ratio enhancement curve corresponding to each of the plurality of object regions by applying the third feature information to a curve generation network, generate an adjusted image by applying the first contrast ratio enhancement curve, the second contrast ratio enhancement curve, and the third contrast ratio enhancement curve to the first image, and control the display to display the adjusted image.
8. The processor is further configured to: obtain a fourth contrast ratio enhancement curve based on the first contrast ratio enhancement curve, the second contrast ratio enhancement curve, and the third contrast ratio enhancement curve, wherein the adjusted image is generated by applying the fourth contrast ratio enhancement curve to the first image.
US Patent No. 11,996,024
1. A display device comprising: a display; a memory storing one or more instructions; and a processor configured to execute the one or more instructions stored in the memory to: extract first feature information corresponding to a first image, second feature information corresponding to each of a plurality of regions included in the first image, and third feature information corresponding to each of a plurality of object regions included in the first image, obtain a first contrast ratio enhancement curve corresponding to the first image, the first contrast ratio enhancement curve being generated by applying the first feature information to a curve generation network in which first parameter information is set, obtain a second contrast ratio enhancement curve corresponding to each of the plurality of regions, the second contrast ratio enhancement curve being generated by applying the second feature information to the curve generation network in which second parameter information is set, obtain, a third contrast ratio enhancement curve corresponding to each of the plurality of object regions, the third contrast ratio enhancement curve being generated by applying the third feature information to the curve generation network in which third parameter information is set, generate a second image by applying the first contrast ratio enhancement curve, the second contrast ratio enhancement curve, and the third contrast ratio enhancement curve to the first image, and control the display to display the second image.
8. The processor is further configured to: obtain a fourth contrast ratio enhancement curve based on the first contrast ratio enhancement curve, the second contrast ratio enhancement curve, and the third contrast ratio enhancement curve, wherein the second image is generated by applying the fourth contrast ratio enhancement curve to the first image.
Note the comparison of independent claim 1 of instant application, to patented parent application claims 1 & 8 of US patent No. 12,242,148 B2 and claim 1 & 8 of U.S. Patent No. 11,996;024 B2. to avoid 101 statutory double patenting rejections the claims limitation by curtailing the details and language has been changed. However, instant application independent claim limitations are described in independent claims of the parent applications. They both are claiming “A display device including a processor configured to extract first through third feature information corresponding to a first image, each of a plurality of regions included in the first image, and object regions included in the first image, respectively. The processor is configured to obtain a first through third contrast ratio enhancement curves, corresponding to the first image, generated by applying the first feature information to a curve generation network in which first parameter information is set, corresponding to each of the plurality of regions, generated by applying the second feature information to the curve generation network in which second parameter information is set, corresponding to each of the plurality of object regions, generated by applying the third feature information to the curve generation network in which third parameter information is set, generate a second image by applying the first through third contrast ratio enhancement curves to the first image.”.
Further other Claims 2-15 of instant application claims same or similar limitation as well as maps to one to one of claims 2-17 of US patent No. 12,380,825 B2 and claims 2-15 of U.S. Patent No. 11,996;024 B2,.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant is requested to review the cited prior art on USPTO 892.
The prior art of PARK Kyeongryeol et al. (US 20170061591 A!)and Disclosure, paras. 23-354, an image display apparatus capable of converting and displaying a high dynamic range image so as to match luminance that is displayable on a display. An image display apparatus capable of converting and displaying a high dynamic range image so as to match luminance that is displayable on a display and user setting. An image display apparatus including a display, an image receiver to receive a high dynamic range image, and a controller to set luminance information of an image to be displayed based on brightness information of the high dynamic range image and information about a luminance that is displayable on the display and to perform control to display an image having a luminance adjusted based on the set image luminance information. An image display apparatus including a display, an image receiver to receive a high dynamic range image, an interface unit to receive luminance setting input with respect to an image to be displayed, and a controller to set luminance information of an image to be displayed based on brightness information of the high dynamic range image, information about a luminance that is displayable on the display, and the luminance setting input, and to perform control to display an image having a luminance adjusted based on the set image luminance information, the controller performing control to reduce a saturation section upon luminance setting as a set luminance level depending on the luminance setting input is increased.
The prior art of HAN Seung-Hoon rt al. (US 20200258456 A1)disclosure; paras. 71-439, discloses, a display device, including: a content receiving unit configured to receive a high dynamic range image and luminance information of the high dynamic range image; an image processing unit configured to perform tone mapping based on the luminance information such that the high dynamic range image is converted into a low dynamic range image; and a display unit configured to display the low dynamic image, wherein the luminance information includes a maximum luminance value and a minimum luminance value of the high dynamic range image. The luminance information may include a maximum luminance value and a minimum luminance value of the high dynamic range image included in a scene. The luminance information may include a maximum luminance value and a minimum luminance value of the high dynamic range image included in entire content. The image processing unit may detect a first region whose luminance value is equal to or greater than a reference luminance value within the high dynamic range image, and perform tone mapping on an image of the first region based on feature information of the image of the first region; and the feature information may include at least one of edge information, texture information and gradation information of the high dynamic range image. The image processing unit may detect an edge region within the image of the first region and generate a first mapping function based on a histogram of pixels included in the edge region. The first mapping function may have a gradient that is changed according to the number of pixels included in the edge region. In the first mapping function, a gradient of luminance values at which the number of pixels included in the edge region is great may be greater than a gradient of luminance values at which the number of pixels included in the edge region is small. The first mapping function may be a cumulative histogram obtained by integrating a histogram of pixels included in the edge region. The image processing unit may detect a texture region within the image of the first region and generate a first mapping function based on a histogram of pixels included in the texture region. The image processing unit may detect a gradation region within the image of the first region and generate a first mapping function based on a histogram of pixels included in the gradation region. The image processing unit may generate a second mapping function based on a luminance value of the high dynamic range image. The image processing unit may perform second tone mapping according to the second mapping function on the high dynamic range image, and perform first tone mapping according to the first mapping function on the image on which the second tone mapping is performed. The image processing unit may generate a second mapping function based on a luminance value of a second region whose luminance value is less than the reference luminance value within the high dynamic range image. The image processing unit may generate a tone mapping function based on the first mapping function and the second mapping function, and convert the high dynamic range image into the low dynamic range image according to the tone mapping function. The image processing unit may perform linear tone mapping on a first pixel whose luminance value is less than a reference luminance value among a plurality of pixels included in the high dynamic range image, and perform nonlinear tone mapping on a second pixel whose luminance value is equal to or greater than the reference luminance value among the plurality of pixels. When a scene average luminance value of the high dynamic range image included in a scene is less than a reference luminance value, the image processing unit may perform linear tone mapping on a first pixel whose luminance value is less than the reference luminance value among a plurality of pixels included in the high dynamic range image and perform nonlinear tone mapping on a second pixel whose luminance value is equal to or greater than the reference luminance value among the plurality of pixels. When a scene average luminance value of the high dynamic range image included in a scene is equal to or greater than a reference luminance value, the image processing unit may perform linear tone mapping on a first pixel whose luminance value is less than the scene average luminance value among a plurality of pixels included in the high dynamic range image and perform nonlinear tone mapping on a second pixel whose luminance value is equal to or greater than the scene average luminance value among the plurality of pixels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRABODH M DHARIA whose telephone number is (571)272-7668. The examiner can normally be reached Monday -Friday 9:00 AM to 5:30 PM.
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Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria VA 22313-1450
/Prabodh M Dharia/
Primary Examiner
Art Unit 2629
07-24-2026
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