Ex Parte Park et al

Patent Trial and Appeal Board

Jun 18, 2014

11066747 (P.T.A.B. Jun. 18, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
__________

Ex parte DUSIK PARK, CHANGYEONG KIM, SOONGDEOK LEE,
DAEWON KIM, WONHEE CHOE, and HYUNWOOK OK

__________

Appeal 2012-001559
Application 11/066,747
Technology Center 2600
__________

Before TONI R. SCHEINER, LORA M. GREEN, and
JEFFREY N. FREDMAN, Administrative Patent Judges.

FREDMAN, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal1 under 35 U.S.C. § 134 involving claims to a color
temperature conversion method and apparatus for an image signal having
pixels. The Examiner rejected the claims on the grounds of obviousness.
We have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part.

1 Appellants identify the Real Party in Interest as Samsung
Electronics Co. Ltd. (see App. Br. 2).
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Statement of the Case
Background
Conventional “image display devices . . . convert a color temperature
of an image by adjusting the hue of the image or individually controlling
red, green, and blue (RGB) video signals. Other conventional image display
devices . . . convert the color temperature of an image by using correlation
matrices” (Spec. 1 ¶ 0003). However, conventional “image display methods
may adversely affect image representations . . . color distortions of the image
may become more apparent in portions of the image representing the human
skin, compared to other portions of the image, because people can easily
differentiate natural human skin colors from less natural ones” (Spec. 1 ¶
0003).
The Claims
Claims 1, 4, 6, 8, 10-13, 15, 17, and 18 are on appeal. Claim 1 is
representative and reads as follows:
1. A color temperature conversion method for an image
signal having pixels, each pixel having a brightness signal
and color difference signals, converting a color temperature
of an input pixel based on a brightness of the input pixel, the
color temperature conversion method comprising:
determining first information associated with a
conversion range at a first calculation unit;
determining whether the color temperature of the
input pixel needs to be converted by determining whether
the input pixel is within the conversion range, based on the
first information at a determination unit;
calculating color coordinates of a target point based
on a brightness signal of the input pixel and a user-set color
temperature, if the input pixel is within the conversion range
at a color coordinate calculation unit; and
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converting the color temperature of the input pixel by
moving the input pixel in a direction same as the direction
from a reference point of the conversion range to the target
point, in an amount proportional to a displacement from the
reference point to the target point at a color temperature
conversion unit, the amount being determined using
coordinates of the input pixel, the displacement from the
reference point to the target point, a distance between the
reference point and an intersection point between a
boundary of the conversion and a straight line passing
through the reference point and a point where the input pixel
currently resides, and a distance between the input pixel and
the intersection point,
wherein the target point is a point to which the
reference point of the conversion range is transferred, the
input pixel and the target point existing within the
conversion range.

The issue
The Examiner rejected claims 1, 4, 6, 8, 10-12, 13, 15, 17, and 18
under 35 U.S.C. § 103(a) as obvious over Fukao2 and Choi3 (Ans. 5-16).
The Examiner finds that Fukao teaches that “Component 65 is
considered to be input pixel and the conversion range is the circle where the
input pixel is within and will be determined prior to the converting step”
(Ans. 5). The Examiner finds that “Component 60 is considered to be [the]
reference point. Component 61 is considered to be the target point” (Ans.
6). The Examiner finds that “input pixel, 65 and reference point, 60 [are]
moved in the same direction to locations 67, and 61 respectively. The
amount is determined by r2, r1, r2’ and r1’” (Ans. 6). The Examiner finds

2 Fukao, S., US 2002/0126302 A1, published Sept. 12, 2002.
3 Choi et al., US 2003/0091230 A1, published May 15, 2003.
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that “Component 61 and 65 are both inside the circle thus exist within the
conversion range” (Ans. 6).
The Examiner finds that “Fukao does not teach color temperature”
(Ans. 6). The Examiner finds that Choi teaches
[C]olor characteristics adjustment means allow the user to
adjust brightness and color temperature. These adjustments
which are user set will affect the new target color to be
displayed. It is considered a user adjusted color temperature
is equivalent to a user set color temperature. The display
device profile must be applied to some sort of input signal.
Otherwise there will be nothing displayed and defeats the
purpose of creating the display device profile. This will
require at least one input pixel to be displayed. The input
pixel has color values and the color values can be expressed
in many forms. It is well known in the art at the time the
invention was made that an input color pixel can be
expressed using the LAB color space where L represent
lightness or brightness.

(Ans. 6-7.)
The Examiner finds it obvious to
[I]mplement the teachings of Choi into Fukao because by
implementing a method of determining a target point of
Choi into Fukao will allow the user to have input on the
location of the target point as before the user had no input
and further will allow the color conversion method to be
calibrated with color characteristic variables which will
allow the pixel to be rendered correctly in different
environments

(Ans. 7).
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The issue with respect to this rejection is: Does the evidence of record
support the Examiner’s conclusion that Fukao and Choi render the claims
obvious?
Findings of Fact
1. Fukao teaches
[A]n image processing apparatus for performing color
adjustment for image data is characterized by comprising
designating means for designating, as parameters, a
reference color, an adjusted color of the reference color, and
an adjustment region in a color space, region determining
means for determining whether input image data is in the
adjustment region, and adjusted value calculating means for
calculating an adjusted value of the image data on the basis
of the parameters, if the region determining means
determines that the image data is in the adjustment region

(Fukao 1 ¶ 0009).
2. Figure 9 of Fukao is reproduced below:
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“FIG. 9 is a schematic view showing an outline of an adjustment process
inside a unit sphere on object coordinates” (Fukao 1 ¶ 0020).
3. Fukao teaches that:
Referring to FIG. 9, reference numerals 60 and 61 denote a
reference color to be adjusted and an adjusted reference
color, respectively, in the object coordinate system; 65, a
color to be adjusted (corresponding to P in the RGB
coordinate system); 66, an intersection of the unit sphere and
a straight line which passes through the reference color 60 to
be adjusted and the color 65 to be adjusted; and 67, the
adjusted color of the color 65 to be adjusted.

(Fukao 3 ¶ 0046.)
4. Fukao teaches that:
The adjusted value calculator 15 calculates the adjusted
color 67 shown in FIG. 9 as follows.
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First, the adjusted value calculator 15 calculates the
intersection 66 of the unit sphere and the straight line which
passes through the reference color 60 to be adjusted and the
color 65 to be adjusted. The adjusted value calculator 15
then calculates a distance r1 from the reference color 60 to
be adjusted to the color 65 to be adjusted, and a distance r2
from the color 65 to be adjusted to the intersection 66. The
adjusted value calculator 15 then sets the adjusted color 67
as a point on a straight line connecting the intersection 66
and the adjusted reference color 61, such that the ratio of a
distance r'1 from the adjusted reference color 61 to a distance
r'2 from the intersection 66 equals the ratio of r1 to r2.

(Fukao 3 ¶¶ 0046-0047.)
5. Choi teaches a method for “display characterization which can
achieve color matching in any color adjustment state, even after a user
arbitrarily changes color characteristic adjustment variable values, without
using a color measuring apparatus” (Choi 1 ¶ 0011).
6. Choi teaches
Calculating color characterization variable values
corresponding to the received color characteristic adjustment
variable values, using previously stored color characteristic
adjustment variable values and their respective color
characterization variable values; and rewriting a display
device’s profile using the calculated color characterization
variable values.

(Choi 1-2 ¶ 0012.)
7. Choi teaches that the “color characteristic adjustment variables
include at least one out of brightness, contrast, and color temperature” (Choi
2 ¶ 0030).
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8. Choi teaches that the “color characteristic adjustment means
132 is introduced for a user to adjust color characteristics adjustment
variables including brightness, contrast, and color temperature concerning
the characteristics of displayed white point” (Choi 3 ¶ 0043).
9. Choi teaches that “color characteristic adjustment variables are
stored by the color characteristic adjustment variable memory means 131”
(Choi 5 ¶ 0066).
Principles of Law
“The combination of familiar elements according to known methods
is likely to be obvious when it does no more than yield predictable results.”
KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). “If a person of
ordinary skill can implement a predictable variation, § 103 likely bars its
patentability.” Id. at 417.
Analysis
Claims 1 and 18
Appellants contend that
Fukao and Choi, taken alone and in combination, entirely
fail to discuss or teach “calculating color coordinates of a
target point based on a brightness signal of the input pixel
and a user-set color temperature, if the input pixel is
within the conversion range at a color coordinate calculation
unit,” recited in claim 1

(App. Br. 15).
We are not persuaded. Fukao teaches calculating color coordinates as
shown in Figure 9 (FF 2) and specifically teaches calculations to adjust color
(F 3-4). More importantly, Choi teaches “calculating color characterization
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variable values corresponding to the received color characteristic adjustment
variable values” (Choi 1 ¶ 0012; FF 6), where the adjustment variables may
include “brightness . . . and color temperature” (Choi 2 ¶ 0030; FF 7). Thus,
Fukao teaches color coordinate calculation and Choi teaches that parameters
for such color adjustment may include variables including brightness and
color temperature (FF 1-8). We agree with the Examiner’s reasoning that
Fukao and Choi render obvious
[A] method of determining a target point of Choi into Fukao
will allow the user to have input on the location of the target
point as before the user had no input and further will allow
the color conversion method to be calibrated with color
characteristic variables which will allow the pixel to be
rendered correctly in different environments.

(Ans. 18.)
Appellants contend that:
[C]hanging the “white point” of the color monitor of Fukao
would clearly have changed the principle of operation of
Fukao, i.e. allowing a user to set a color to be adjusted and a
desired adjustment area boundary. Changing a “white
point” of the monitor would not have helped the user in
adjusting and correcting a color to be printed to match a
color displayed on the monitor. This ignores Fukao’s goal
of matching color characteristics between monitor and
printer.

(App. Br. 18.)
We are not persuaded that Appellants have established a change in the
principle of operation of Fukao. Fukao generically teaches a method of
“color adjustment for image data” (Fukao 1 ¶ 0009; FF 1) by calculating
differences between “a reference color to be adjusted and an adjusted
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reference color” (Fukao3 ¶ 0046; FF 3). While Fukao suggests a specific
implementation of the color adjustment method for use with a monitor and
printer, Appellants do not explain why the same color adjustment calculation
would differ in operation when used with different color images displayed
on monitors as taught by Choi (FF 5). That is, the ordinary artisan,
interested in “display characterization which can achieve color matching in
any color adjustment state” (Choi 1 ¶ 0011; FF 5), would have reasonably
relied upon known mathematical approaches for color adjustment, such as
the method suggested by Fukao. Appellants provide no evidence supporting
their position. Attorney’s arguments in a brief cannot take the place of
evidence. In re Pearson, 494 F.2d 1399, 1405 (CCPA 1974). See also In re
De Blauwe, 736 F.2d 699, 705 (Fed. Cir. 1984) (Arguments and conclusions
unsupported by factual evidence carry no evidentiary weight.)
Appellants contend that “Paragraph [0072] of Choi merely discusses
calculating a gamma value based on the brightness and contrast values. In
fact, the cited paragraph of Choi is unrelated to ‘color temperature’ and
converting the color temperature of the input pixel” (App. Br. 20).
Appellants contend that “Fukao merely discusses matching a color between
what is displayed and printed and Choi merely discusses modifying a ‘white
point’ of a display. The references cannot be combined to teach determining
whether the color temperature of the input pixel needs to be converted”
(App. Br. 20).
We are not persuaded. Choi teaches that the “color characteristic
adjustment means 132 is introduced for a user to adjust color characteristics
adjustment variables including brightness, contrast, and color temperature
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concerning the characteristics of displayed white point” (Choi 3 ¶ 0043; FF
8). Choi expressly teaches color adjustment using characteristics including
color temperature (FF 7-8).
Claims 12 and 17
Appellants recite the limitations of claim 12 and 17 (see App. Br. 21-
22). Appellants contend that “the features of ‘a second calculation unit . . .
patentably distinguishes over Fukao and Choi” (App. Br. 21; cf. App. Br.
22).
We are not persuaded. Appellants do not identify any specific error in
the Examiner’s analysis in which an element of the second calculation unit is
absent from the teaching of Choi.
Appellants contend that “Claim 12 recites determining whether the
color temperature of the input pixel needs to be converted. Choi, in
paragraphs [0072] and [0043], fails to cure the deficiencies of Fukao” (App.
Br. 21; cf. App. Br. 22).
We are not persuaded. As discussed above, Choi teaches that color
temperature is an element used for color adjustment (FF 7-8).
Claim 6
Appellants contend that “Fukao entirely fails to discuss or teach
‘calculating a distance between a center of the oval and an intersection point
between a boundary of the oval and a straight line passing through the center
of the oval and a point where the input pixel currently resides.’” (App. Br.
24.) Appellants contend that “it is known that an oval is not a circle” (App.
Br. 24).
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The Examiner finds that the “circle is a special case of an oval. The
definition of an oval requires two focal points[.] The circle has two . . . focal
points at the same point. . . . Therefore the circle of Fukao is equivalent of
the oval of the claimed subject matter” (Ans. 21).
We find that Appellants have the better position. The ordinary artisan
would understand that an oval is not a circle. Therefore, Fukao’s circle does
not inherently represent an oval shape.
Claim 13
Appellants contend that “Choi only provides a single lookup table of
white point value 310. Thus, Choi fails to discuss ‘a second storage unit to
store various user-set color temperatures for different brightnesses’” (App.
Br. 24).
The Examiner finds that:
[I]n Choi, Paragraph [0066], a memory means is provided to
store data. Data stored in a storage unit occupies a specific
amount of memory. Each specific amount of memory
occupied by the data is considered by the examiner[] as a
separate storage unit. Therefore there are multiple storage
units in the apparatus of Choi thus will read on the claim
limitation at hand.

(Ans. 21.)
We find that the Examiner has the better position. Choi teaches that
“color characteristic adjustment variables are stored by the color
characteristic adjustment variable memory means 131” (Choi 5 ¶ 0066; FF
9). The use of the plural “variables” suggests that the user may set multiple
color temperatures within the memory means. We agree with the Examiner
that the ordinary artisan would have recognized that data storage means may
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comprise single or multiple storage units, depending upon the amount of
data storage necessary (see Ans. 21).
Conclusion of Law
The evidence of record supports the Examiner’s conclusion that
Fukao and Choi render claims 1, 12, 13, 17, and 18 obvious.
The evidence of record does not support the Examiner’s conclusion
that Fukao and Choi render claim 6 obvious.

SUMMARY
In summary, we affirm the rejection of claims 1, 12, 13, 17, and 18
under 35 U.S.C. § 103(a) as obvious over Fukao and Choi. Pursuant to
37 C.F.R. § 41.37(c)(1), we also affirm the rejection of claims 4, 8, 10, 11,
and 15, as these claims were not argued separately.
We reverse the rejection of claim 6 under 35 U.S.C. § 103(a) as
obvious over Fukao and Choi.

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED-IN-PART

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