Mikel Stanich et al.

Patent Trials and Appeals BoardMay 18, 2021

2020001524 (P.T.A.B. May. 18, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/434,272 02/16/2017 Mikel Stanich R.P056 8447 146204 7590 05/18/2021 Ricoh/JWMH 7501 Village Square Drive Suite 206 Castle Rock, CO 80108 EXAMINER VO, QUANG N ART UNIT PAPER NUMBER 2672 NOTIFICATION DATE DELIVERY MODE 05/18/2021 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): eofficeaction@appcoll.com mark.watson@jwmhlaw.com paralegals@jwmhlaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte MIKEL STANICH, NIKITA GURUDATH, LARRY ERNST, and WALTER F. KAILEY ____________________ Appeal 2020-001524 Application 15/434,2721 Technology Center 2600 ____________________ Before JOHN A. JEFFERY, ST. JOHN COURTENAY, III, and MARC S. HOFF, Administrative Patent Judges. HOFF, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant’s appeal under 35 U.S.C. § 134 from a Final Rejection of claims 1, 3–13, and 15–21.2 We have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part. Appellant’s invention is a printing system including dynamic compensation for optical density changes. Two or more calibrated halftones are maintained and switched once each time a dynamic calibration is 1 Appellant’s state that the real party in interest is Ricoh Company, Ltd. Appeal Br. 3. 2 Claims 2 and 14 have been cancelled. Appeal 2020-001524 Application 15/434,272 2 performed. While a first calibrated halftone is being implemented to perform halftoning on image data, halftone calibration module 216 may generate a second calibrated halftone based on received measurement data. Once generated, halftoning may be performed using the second calibrated halftone. Spec. ¶ 48. Claim 1 is reproduced below: 1. A printing system comprising: a print controller including: interpreter module to receive print job data and render the print job data into image data; a halftone calibration module to dynamically generate calibrated halftones to compensate for optical density changes that occur at the printing system, including generating a first calibrated halftone, receiving measurement data of a printed medium in response to a detection of the optical density changes, generating a second calibrated halftone based on the measurement data, applying the first calibrated halftone to the image data during the generation of the second calibrated halftone and applying the second calibrated halftone to the image data upon completion of the generation of the second calibrated halftone; and a halftoning module to perform halftoning on the image data using the first and second calibrated halftones. The prior art relied upon by the Examiner as evidence is: Appeal 2020-001524 Application 15/434,272 3 Name Reference Date Cholewo et al. US 2004/0150858 Al Aug. 5, 2004 Chandu et al. US 8,542,418 B2 Sept. 24, 2013 Claims 1, 3–13, and 15–21 stand rejected under 35 U.S.C. § 103 as being unpatentable over Cholewo and Chandu. Non-Final Act. 4. Throughout this decision, we make reference to the Non-Final Rejection (“Non-Final Act.” mailed Feb. 19, 2019), Appeal Brief (“App. Br.,” filed Aug. 29, 2019), the Reply Brief (“Reply Br.,” filed Dec. 19, 2019), and the Examiner’s Answer (“Ans.,” mailed Nov. 29, 2019) for their respective details. ISSUES 1. Does the combination of Cholewo and Chandu teach or suggest applying the first calibrated halftone to the image data during the generation of the second calibrated halftone? 2. Does the combination of Cholewo and Chandu teach or suggest transforming threshold values in the un-calibrated halftone via an inverse transfer function which is computed to achieve a target response? ANALYSIS Claims 1, 3–13, and 15–18 Independent claim 1 recites, in pertinent part, “applying the first calibrated halftone to the image data during the generation of the second calibrated halftone.” Independent claim 13 also recites such a limitation. The Examiner finds that Cholewo teaches applying a first calibrated halftone to the image data during the generation of the second halftone. Non- Appeal 2020-001524 Application 15/434,272 4 Final Act. 4. The Examiner cites Cholewo’s teaching of determining a first transfer curve, forming a transfer function that linearizes the halftoned image data, predicting a second tone transfer curve based on a predetermined relationship between a first tone transfer curve and a second tone transfer curve related to a second halftone. Ans. 5; Cholewo ¶¶ 24, 25. We find that the Examiner erred in equating Cholewo’s teachings with this claim limitation. Figure 1 of Cholewo is reproduced below: Figure 1 of Cholewo is a flow chart illustrating steps of its process for image data correction. Cholewo ¶ 18. Appeal 2020-001524 Application 15/434,272 5 Cholewo teaches that “[a]t step 100, a first tone transfer curve is determined.” Cholewo ¶ 24. “The tone transfer curve is applied to the image data to compensate for output variations caused by application of a first halftone to the image data.” Id. Execution then passes, via the arrow illustrated, to “[n]ext, at step 110, a second tone transfer curve is predicted.” Cholewo ¶ 25. After these steps are performed, image data is adjusted using the predicted second tone transfer curve (step 120), and the second halftone is applied to the adjusted image data (step 130). We agree with Appellant’s argument that Cholewo does not teach applying the first calibrated halftone to the image data during the generation of the second calibrated halftone. Appeal Br. 11. Cholewo teaches that the first tone transfer curve is applied to the image data at step 100, which Cholewo teaches (and illustrates in Figure 1) as occurring before prediction of a second tone transfer curve. The Examiner has not identified any teaching in Cholewo that establishes that application of the first calibrated halftone is contemporaneous with generation of the second calibrated halftone. Accordingly, we find that the combination of Cholewo and Chandu fails to teach or suggest all the limitations of the invention recited in independent claims 1 and 13. We do not sustain the Examiner’s § 103 rejection of claims 1, 3–13, and 15–18. Claims 19–21 Appellant argues that the combination of Cholewo and Chandu fails to teach or suggest “transforming threshold values in the un-calibrated halftone via an inverse transfer function to generate calibrated halftone threshold Appeal 2020-001524 Application 15/434,272 6 values . . . wherein the inverse transfer function is computed to achieve a target response based on measurement data of a printed medium.” Appeal Br. 9. Appellant rests its argument on Cholewo’s teaching that an inverse transfer curve “used for correcting one halftone can be used to establish a new curve that will approximately correct another halftone.” Id.; Cholewo ¶ 37. Appellant’s argument is not persuasive in view of the further teachings found in Cholewo. Figures 2A-2C of Cholewo are reproduced Appeal 2020-001524 Application 15/434,272 7 below: Figures 2A-2C graphically illustrate how a first halftone response is adjusted according to embodiments described in Cholewo. Cholewo ¶ 19. Cholewo teaches that the curve in Fig. 2A “represents a halftone response with no correction.” Cholewo ¶ 34. To produce a linear response, Appeal 2020-001524 Application 15/434,272 8 “the inverse of the curve in Fig. 2B is determined. This inverse curve is applied to the input image data to produce a corrected linear response.” Cholewo ¶ 35. This “inverse curve” is the same curve described as an “inverse transfer curve” in paragraph 37. We therefore find that Cholewo teaches “transforming threshold values in the un-calibrated halftone via an inverse transfer function…computed to achieve a target [i.e., linear] response,” as claim 19 requires. We find that the Examiner did not err in rejecting claims 19–21 over Cholewo and Chandu, and we sustain the § 103 rejection. CONCLUSIONS 1. The combination of Cholewo and Chandu does not teach or suggest applying the first calibrated halftone to the image data during the generation of the second calibrated halftone. 2. The combination of Cholewo and Chandu teaches transforming threshold values in the un-calibrated halftone via an inverse transfer function which is computed to achieve a target response. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1, 3–13, 15– 18 103 Cholewo, Chandu 1, 3–13, 15– 18 19–21 103 Cholewo, Chandu 19–21 Overall Outcome 19–21 1, 3–13, 15– 18 Appeal 2020-001524 Application 15/434,272 9 ORDER The Examiner’s decision to reject claims 1, 3–13, and 15–18 is reversed. The Examiner’s decision to reject claims 19–21 is affirmed. TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED IN PART