Page 1

To: From: Cc: Subject:

officeactions@CENTRALCOASTPATENT.COM, plambuth@centralcoastpatent.com, PAIR_eOfficeAction@uspto.gov PAIR_eOfficeAction@uspto.gov Private PAIR Correspondence Notification for Customer Number 24739

Nov 03, 2011 05:20:35 PM Dear PAIR Customer: CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076 UNITED STATES The following USPTO patent application(s) associated with your Customer Number, 24739 , have new outgoing correspondence. This correspondence is now available for viewing in Private PAIR. The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90 accompanying the correspondence. Disclaimer: The list of documents shown below is provided as a courtesy and is not part of the official file wrapper. The content of the images shown in PAIR is the official record. Application 11552666

Document ISSUE.NTF

Mailroom Date 11/02/2011

Attorney Docket No. P2119

To view your correspondence online or update your email addresses, please visit us anytime at https:llsportal.uspto.gov/secure/myportal/privatepair. If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov with 'e-Office Action' on the subject line or call 1-866-217-9197 during the following hours: Monday - Friday 6:00 a.m. to 12:00 a.m. Thank you for prompt attention to this notice, UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM


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.

ISSUE DATE

PATENT NO.

ATTORNEY DOCKET NO.

CONFIRMATION NO.

111552,666

11122/2011

8064716

P2119

2474

24739

7590

11/02/2011

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076

ISSUE NOTIFICATION The projected patent number and issue date are specified above.

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29,2000) The Patent Term Adjustment is 1058 day(s). Any patent to issue from the above-identified application will include an indication of the adjustment on the front page. If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA. Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair.uspto.gov). Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management (ODM) at (571)-272-4200. APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants): Rodney Shaw, Aptos, CA;

IR103 (Rev. 10/09)


PART B - FEE(S) TRANSMITIAL Complete and send this form, togethel" with applicable fee(s), to: Mail Mail Stop' ISSUE FEE Commissionel' for Patents P_O. Box 1450 Alexandria, Virginia 22313-1450 or .£.ax (571)-273-2885 INSTRUCTIONS: This form should be used for traIDlIDitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 shOllld b~ completed where appropriate. All further torrespondence including the Patent. !uivililce order6 and notification of rnaintenllllGe fees will be rn~iled to !he current correspondence address as indicated unless corrected below or directed otherwise in Block I. hy (a) specifying II. new correspondence addreas; and/<1r (b) indicatlng a separate "FEE ADDRESS" for

mamte'UIJJl:e fee notificaUons.

24739

1590

Note: A certfuclIte of mailing can o.n1y be used for domestic mailings of the Pee(s) Transmittal. Thi~ certificate cannot be med fur any: other accompanying papers. Each additiollJll paper, such. as an assi~ll!nellt or formal drawing. must have its own certificate of mlliling or tmnsmisslon.

07/l3/l011

Certificate of Mailing 01' Transmission I hereby certify th.at trus Fee(s) Transmittal is being deposited with. th~. United Stnte~ Postal Service with 6ui'f1cisnt postage fOJ" first class mail III nn envelope ~ddre:;~d to th.eMail Stop ISSUE FEE arum:ss above, or beillg facsimile transmItted to e SPTO (571) 273· 85, on the date indicllted below.

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUIlE D WATSONVlLLE, CA 95076

(l)tpooltor's ftQme) (SIgn.lUre) (Dsle)

APPLICATION NO.

l'lLINIJ DATE

FIRST NA.'\1BD 1NVBNTOR

1I/5S2.666

10l25flOO6

Rodney Shaw

CONFIRIvIATIONNo.

P1UIl

2474

TITLE OF 1NVENTION: APPARATUS Al\'D METHODS FOR ENHAi'l'CING DIGITAL hVIAGES

APPLN. TYPE

SMAIL Hl'ITITY

nonpmvisional

YES

ISSUE FEE DUE

PUBLICATION FH8 DUE

PREVo PAID ISSUEFEE

TOTAL FRE(S) DUE

DA'lEDUE

$755

$300

$0

$1055

10/13/2011

ART UNIT

CLASS-SUBCLASS

382-274000

2624

ROZ.MARK

2. For {lrlntillg on the patent frant page, list (1) the names of up to 3 fegiste1'ed patent attorneys or agents OR, alternatively,

L Change of correspondence address or indication of "Fee Address" {37

CPR 1.363).

o Change of corresp'ondence address (or ChBnge of Correspmldence

AddrcS't tormPTOISBf122) attached.

(2) the mune of a siugle firm (having ;IS a membel a registered attorney or agent) and tho names of up to 2. registered patent attorneys or agents. If no name is H~led, no llllme wiII he prinled.

Q "lIee Address" indication (or QPee Address" Indication form

PTO/SB/47; Rev 03-02 or more recent) attached.

r;~e

of a Cmtomel'

Number is required.

3. AS SLG.NEE.NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) PLEASE NOTE.: Unless an D8signee is identified below, no assignee data wiU appear on the patent. If an assignee is identified beloW, the. document has been filed for

recordation as set forth in 37 CPR 3.11. Completion of this form is NOT a substitute for filing an a.~signment. (A) NAME OF ASSlmiEB (B) RESIDENCE: (CITY and STATE OR COUNTRY)

S

t> U/J

d s -I~ fS

J

J'rlt. .

A-flt»)IYlAS.

Please check the appropriate IUIsignee categol.)' or categories (will not be prInted 011 the patent) :

4a. The farrowing fee(s) are submitted;

~"Fee ~tion Fee (No smillentity disOOllnt pennitted)

o AdV8JlreO[der -#ofCopies _ _ _ _ _ _ _~ 5. Change in Entity Status (from status indicated above) a. Applicant claims SMALL ENTl'IY slaIns. See 37 CFR 1.27.

o

0

LA

Individual ~~-C'-orp-~on 01" other private group entity

0

Government

41>. Payment ofFee(s): (Please first reapplj lIny previously paid issl1efee shown above)

o A check is enclosed.

o Payment by credit card. Form PTO-2m3 is attached. ~iLutot is hereby authorized to chru'ge

required fee( ), any deficiency. or credit any _ nelose an extra copy of this fonn).

overpayment. to Deposit Account Number

o h. Applicant is no longer claiming SMALL ENTITY Rtaru~.llee 37 CFR J.27(g)(2).

N01'F.: The ISSlle Pee and l'llblication Pee (if required) will not b", accepted from anyone other limn the applicant; a registered attome)' at agent: or lhe a.~~ignee or olher pru:ly in intcre!lt aB by the records of Ihe Uniled Slates Patent and Trademark Office.

mwwn

Anthorized Sign:lfiIre Typed or printed name

IDonald R. Boys!

Do r'l.a J d

E. 13oy. s

Date

10'" ~ ...

~

RegistmtionNo .....

~D)}

D7'i

This c0!lec~ion of infor1Ill!ti'?'l i~ required b)' 31 CFR 1.31 L The inf[]rmatioa i~ l'eCJ.1!ired to o~tni!1 or r~UJin II benefit by thO; public which is to pIe (a~d by the lISPTO to .process) on applicallon. Confidentiality IS !:l:0.emed by 35 U.s.C. 122 and 37 CFR 1.14. ThIS collel:tLon IS estimated to take 12 mInutes to complDts. IIlchidtng gathermg, prepanng. and subnnlting the completed IlPpIicatlon form to tbe USPTO. Time will vary d(lpending UpOD. tbe individnal case. Any comments aD. the amount of lime you reguire to C01ll~lc!e this fonn add/or suggestiollS fot teducing this burden, &boufd be sent to the ChlefInformation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virgillia 22313-1450. DO NOr SEND FEES OR COMPLETED FORMS TO 11I1S ADDRESS. SE.'ND '1'0: Commissioner for !'alellts, P.O. Box 14.'50. Alexandria. ViI:ginia 22313-1450. Under the Paperwork Reduclion Act of 1995, DO peBon~ are required to respond to a collection of information unle8s It dIsplays a valid OMS control number.

PTOL-85 (Rev_ mill) Approved for use through 08/3112013.

OMB 0651-0033

U.S. Patent and Trademark Office; u.s. DEPAR'I'MEN"T OF COMl'YJERc;E


Electronic Patent Application Fee Transmittal Application Number:

11552666

Filing Date:

25-0ct-2006

Title of Invention:

APPARATUS AND METHODS FOR ENHANCING DIGITAL IMAGES

First Named Inventor/Applicant Name:

Rodney Shaw

Filer:

Donald Rex Boys/Sheri Beasley

Attorney Docket Number:

P2119

Filed

as Small Entity

Utility under 35 USC 111 (a) Filing Fees Fee Code

Quantity

Amount

Sub-Total in USD($)

Utility Appl issue fee

2501

1

870

870

Publ. Fee- early, voluntary, or normal

1504

1

300

300

Description

Basic Filing:

Pages:

Claims:

Miscellaneous-Filing:

Petition:

Patent-Appeals-and-Interference:

Post-Allowance-and-Post-Issuance:


Description

Fee Code

Quantity

Amount

Sub-Total in USD($)

Extension-of-Time:

Miscellaneous:

Total in USD ($)

1170


Electronic Acknowledgement Receipt EFSID:

11128810

Application Number:

11552666

International Application Number: Confirmation Number:

2474

Title of Invention:

APPARATUS AND METHODS FOR ENHANCING DIGITAL IMAGES

First Named Inventor/Applicant Name:

Rodney Shaw

Customer Number:

24739

Filer:

Donald Rex Boys/Sheri Beasley

Filer Authorized By:

Donald Rex Boys

Attorney Docket Number:

P2119

Receipt Date:

06-0CT-2011

Filing Date:

25-0CT-2006

TimeStamp:

17:33:13

Application Type:

Utility under 35 USC 111 (a)

Payment information: yes

Submitted with Payment Payment Type

Deposit Account

Payment was successfully received in RAM

$1170

RAM confirmation Number

4123

Deposit Account

500534

Authorized User

File Listing: Document Number

I

Document Description

I

File Name

,I

I

File Size(Bytes)/ I Multi Message Digest Part /.zip

Pages (ifappl.)


67630

1

Issue Fee Payment (PTO-8SB)

TRAN5MITIALFILED.pdf

no

1

no

2

694d 2ced d 32bc3 03a 79fd9 5443667 c4 9a24 c3acb

Warnings: Information: 31972

2

Fee Worksheet (5B06)

fee-info.pdf 26199f69fb8f55e4206dl099af9979f2bb8e 4291

Warnings: Information: Total Files Size (in bytes)

99602

This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New A~~lications Under 35 U.S.c. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International A~~lication under 35 U.S.c. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.c. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.c. 371 will be issued in addition to the Filing Receipt, in due course. New International A~~lication Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number and of the International Filing Date (Form PCT/RO/l 05) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application.


UNITED STAlES PAlENT 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

NOTICE OF ALLOWANCE AND FEE(S) DUE 24739

7590

EXAMINER

07/13/2011

CENTRAL COAST PATENT AGENCY, INC

ROZ,MARK

3 HANGAR WAY SUIlE D WATSONVILLE, CA 95076

ART UNIT

PAPER NUMBER

2624

DATE MAILED: 07/13/2011

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

111552,666

10125/2006

Rodney Shaw

P2119

2474

TITLE OF INVENTION: APPARATUS AND METHODS FOR ENHANCING DIGITAL IMAGES

APPLN. TYPE

SMALL ENTITY

ISSUE FEE DUE

PUBLICATION FEE DUE

PREV. PAID ISSUE FEE

TOTAL FEE(S) DUE

DATE DUE

nonprovisiona1

YES

$755

$300

$0

$1055

10/13/2011

THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS. THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308. THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.c. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE. HOW TO REPLY TO THIS NOTICE: I, Review the SMALL ENTITY status shown above, If the SMALL ENTITY is shown as YES, verify your current

If the SMALL ENTITY is shown as NO:

SMALL ENTITY status: A, If the status is the same, pay the TOTAL FEE(S) DUE shown above,

A,

Pay TOTAL FEE(S) DUE shown above, or

B, If the status above is to be removed, check box 5b on Part B Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and twice the amount of the ISSUE FEE shown above, or

B, If applicant claimed SMALL ENTITY status before, or is now claiming SMALL ENTITY status, check box Sa on Part B - Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and 112 the ISSUE FEE shown above,

II, PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office (USPTO) with your ISSUE FEE and PUBLICATION FEE (if required), If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted, If an equivalent of Part B is filed, a request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing the paper as an equivalent of Part B, III, All communications regarding this application must give the application number, Please direct all communications prior to issuance to Mail Stop ISSUE FEE unless advised to the contrary, IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due. Page I of3 PTOL-85 (Rev, 02/11)


PART B - FEE(S) TRANSMITTAL Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 or Fax (571)-273-2885 INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications. CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address) Note: A certificate of mailing can only be used for domestic mailings of the Fee(s) Transmittal. This certificate cannot be used for any other accompanying papers. Each additional paper, such as an assignment or formal drawing, must have its own certificate of mailing or transmission. 24739

7590

07/13/2011

CENTRAL COAST PATENT AGENCY, INC

Certificate of Mailing or Transmission I hereby certify that this Fee(s) Transmittal is being deposited with the United States Postal Service with sufficient postage for first class mail in an envelope addressed to the Mail Stop ISSUE FEE address above, or being facsimile transmitted to the USPTO (571) 273-2885, on the date indicated below.

3 HANGAR WAY SUIIE D WATSONVILLE, CA 95076

(Depositor's name) (Signature)

(Date)

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

11/552,666

10125/2006

Rodney Shaw

P2119

2474

TITLE OF INVENTION: APPARATUS AND METHODS FOR ENHANCING DIGITAL IMAGES

APPLN. TYPE

SMALL ENTITY

ISSUE FEE DUE

PUBLICATION FEE DUE

PREVo PAID ISSUE FEE

TOTAL FEE(S) DUE

DATE DUE

nonprovisional

YES

$755

$300

$0

$1055

10/13/2011

EXAMINER

ART UNIT

CLASS-SUBCLASS

ROZ,MARK

2624

382-274000

1. Change of correspondence address or indication of "Fee Address" (37 CFR 1.363). Change of correspondence address (or Change of Correspondence Address form PTO/SBIl22) attached.

o o "Fee Address" indication (or "Fee Address" Indication form PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer Number is required.

2. For printing on the patent front page, list (I) the names of up to 3 registered patent attorneys or agents OR, alternatively, (2) the name of a single firm (having as a member a registered attorney or agent) and the names of up to 2 registered patent attorneys or agents. If no name is listed, no name will be printed.

2_________________________ 3 _________________________

3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment. (A) NAME OF ASSIGNEE

(B) RESIDENCE: (CITY and STATE OR COUNTRY)

Please check the appropriate assignee category or categories (will not be printed on the patent) : 4a. The following fee(s) are submitted:

o Issue Fee o Publication Fee (No small entity discount permitted) o Advance Order - # of Copies _ _ _ _ _ _ _ _ ___

5. Change in Entity Status (from status indicated above)

o a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.

0

Individual

0

Corporation or other private group entity

0

Government

4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)

o A check is enclosed. o Payment by credit card. Form PTO-2038 is attached. o overpayment, The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any (enclose an extra copy of this form). to Deposit Account Number o b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).

NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in interest as shown by the records of the United States Patent and Trademark Office. Authorized Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

Typed or printed name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

Registration No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.c. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

PTOL-85 (Rev. 02/11) Approved for use through 08/31/2013.

OMB 0651-0033

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE


UNITED STAlES PAlENT 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.

111552,666

10125/2006

Rodney Shaw

P2119

2474

24739

7590

EXAMINER

07/13/2011

CENTRAL COAST PATENT AGENCY, INC

ROZ,MARK

3 HANGAR WAY SUIlE D WATSONVILLE, CA 95076

ART UNIT

PAPER NUMBER

2624

DATE MAILED: 07/13/2011

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29,2000) The Patent Term Adjustment to date is 728 day(s). If the issue fee is paid on the date that is three months after the mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half months) after the mailing date of this notice, the Patent Term Adjustment will be 728 day(s). If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA. Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair.uspto.gov). Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.

Page 3 of3 PTOL-85 (Rev. 02/11)


Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C 2(b )(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. 2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C 552a(m). 5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. 6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C 181) and for review pursuant to the Atomic Energy Act (42 U.S.C 218(c)). 7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. 8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C 122(b) or issuance of a patent pursuant to 35 U.S.C 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent. 9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.


Notice of A 110 wability

Application No.

Applicant(s)

11/552,666

Examiner

SHAW, RODNEY Art Unit

MARK ROZ

2624

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-Ali claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 1.

[8J This communication is responsive to

2.

[8J The allowed claim(s) islare 23,25-29,37 and 38.

3.

D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). a)

D

All

b)

D

Some*

c)

D

RCE filed 11115/2010.

None

of the:

D Certified copies of the priority documents have been received. D Certified copies of the priority documents have been received in Application No. _ _ . 3. D Copies of the certified copies of the priority documents have been received in this national stage application from the 1.

2.

International Bureau (PCT Rule 17.2(a». * Certified copies not received: _ _ ' Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 4.

D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.

5.

D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted. (a)

D

including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

(b)

D

including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No.lMail Date _ _ '

1)

D hereto or 2) D

to Paper No.lMail Date _ _ '

Identifying indicia such as the application number (see 37 CFR 1.84{c» should be written on the drawings in the front (not the back) of each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).

6.

D

DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

AUachment(s) 1. ~ Notice of References Cited (PTO-892)

D 6. D

5.

2.

D

Notice of Draftperson's Patent Drawing Review (PTO-948)

3.

D

4.

D

Information Disclosure Statements (PTO/SB/08), Paper No.lMail Date _ _ Examiner's Comment Regarding Requirement for Deposit of Biological Material

Interview Summary (PTO-413), Paper No.lMail Date _ _ . 7. ~ Examiner's Amendment/Comment 8. ~ Examiner's Statement of Reasons for Allowance 9.

/Wes Tucker/ Primary Examiner, Art Unit 2624

Notice of Informal Patent Application

D

Other _ _ '

/Mark Roz/ Patent Examiner, Art Unit 2624

U.S. Patent and Trademark Office

PTOL-37 (Rev. 08-06)

Notice of Allowability

Part of Paper No.lMail Date 20110701


Application/Control Number: 11/552,666

Page 2

Art Unit: 2624 DETAILED ACTION

Claims 23,25-29 and 37-38 are ALLOWED, in light of the Examiner's Amendment below.

Examiner's Amendment An examiner's amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee. Authorization for this examiner's amendment was given in a telephone interview with Mr. Donald Boys, Reg. 35,074, on 07/01/2011. A) Please amend claims 23 and 38 based on the attached appendix ProposedClai mAmendments. PDF.

Reasons for Allowance Claims 23, 25-29 and 37-38 are allowed over the prior art record, in light of Examiner's Amendment. The following is an examiner's statement of reasons for allowance: 1) the specific formula in claim 1, for creating altered image versions, is not found in the prior art, in combination with other claimed features. Cited prior art:


Application/Control Number: 11/552,666

Page 3

Art Unit: 2624 1) Adobe Photoshop, Variations feature contains a user interface to present several choices of an automatically altered image, and allowing the user to select one of the images. Photoshop however does not include the specific formula to alter the images, as claimed by Applicant. 2) A variety of formulas commonly used in the art, to alter image brightness, contrast or gamma correction, is found in examples such as US 20020118889, US 20030108223, US 20030128877, US 20040213457, US 20050286772, US 20100142847, US 4394688, US 4568978, US 6704725, however these methods are different from the method claimed by Applicant.

Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."

Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK ROZ whose telephone number is (571 )270-3382. The examiner can normally be reached on 9AM-5PM M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Vikkram Bali can be reached on (571 )272-7415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.


Application/Control Number: 11/552,666

Page 4

Art Unit: 2624 Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/Mark Roz/ 07/01/2011 /Wes Tucker/ Primary Examiner, Art Unit 2624


Application/Control No.

Notice of References Cited

11/552,666

Applicant(s)/Patent Under Reexamination SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

Page 1 of 1

U.S. PATENT DOCUMENTS

* * * * * * * * * *

Document Number Country Code-Number-Kind Code

Date MM-YYYY

Name

Classification

A

US-2002/0118889 A 1

08-2002

Shimizu, Masayoshi

382/274

B

US-2003/01 08223 A 1

06-2003

Prokoski, Francine J.

382/115

C

US-2003/0128877 A 1

07-2003

Nicponski, Henry

382/224

D

US-2004/0213457 A 1

10-2004

Mori, Kenji

382/167

E

US-2005/0286772 A 1

12-2005

Albertelii, Lawrence E.

382/224

F

US-201010142847 A1

06-2010

Moon et al.

382/274

G

US-4,394,688 A

07-1983

lida et al.

H

US-4,568,978 A

02-1986

Cosh, Ian S.

348/676

I

US-6,704,725 B1

03-2004

Lee, Jin Soo

1/1

J

US-

K

US-

L

US-

M

US-

348/28

FOREIGN PATENT DOCUMENTS

Document Number

*

Country Code-Number-Kind Code

Date MM-YYYY

Country

Name

Classification

N 0

P Q

R S

T NON-PATENT DOCUMENTS

*

Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)

U

V

W

X

*A copy of this reference IS not being furnished with this Office action. (See MPEP ยง 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.s. Patent and Trademark Office

PTO-892 (Rev. 01-2001)

Notice of References Cited

Part of Paper No. 20110701


Issue Classification

IIIIII

Application/Control No.

Applicant(s)/Patent Under Reexamination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

ORIGINAL

INTERNATIONAL CLASSIFICATION

CLASS

SUBCLASS

382

NON-CLAIMED

CLAIMED

274

G

0

6

9/40 (2006.0)

K

CROSS REFERENCE(S) CLASS 382

SUBCLASS (ONE SUBCLASS PER BLOCK) 167

D

Claims renumbered in the same order as presented by applicant

Final

Original

Final

Original

1

Final

17

Original

2

18

34

19

35

4

20

36

5

21

7

37

6

22

8

38

1

8

Original

Final

D

CPA Original

Final

D

T.D. Original

Final

R.1.47 Original

Final

Original

33

3

7

Final

D

23 24

9

2

10

3

25 26

11

4

27

12

5

28

13

6

29

14

30

15

31

16

32

IMARK ROZI Examiner.Art Unit 2624

07/01/2011

Total Claims Allowed: 8

(Assistant Examiner) /WESLEY TUCKERI Primary Examiner.Art Unit 2624 (Primary Examiner)

u.s.

Patent and Trademark Office

(Date) 07/04/2011

O.G. Print Claim(s)

O.G. Print Figure

(Date)

1

1 Part of Paper No. 20110701


Suggested claim amendments for examiner's amendment in 11/552,666

7.1.2011

23. (Currently amended) A method enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation po = Pi / (l - C[[l]] + Cpi) where po is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location, and a value C1 is selected for a constant C in the equation, C 1 having a value between 0 and 1 inclusive, which, once selected, remains the same for generating all normalized pixel values for the first altered image; c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, OOt--with a value C 2 selected for constant C, also between 0 and 1 inclusive, but unequal C 1; d) producing actual pixel values for the first and second altered images from the calculated normalized values; e) displaying the first and second altered images to a user for selection; f) selecting one of the first and second altered images by the user as preferable.

24. (Cancelled)

25. (Previously presented) The method of claim 23 wherein the image selected by the user in step (f) is taken as a new original image in step (a), and the procedure of claim 23 is repeated

26. (Previously presented) The method of claim 25 wherein the user signals a final approval for the altered digital image in the first attribute.


27. (Previously presented) The method of claim 23 wherein the image attribute is brightness.

28. (Previously presented) The method of claim 26 wherein the image attribute is brightness, the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast.

29. (Previously presented) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30 - 36. (Cancelled)

37. (Previously presented) The method of claim 23 wherein an increment i is selected as a first approximation of C l , 2i as a first approximation of C 2, C l is calculated as C l

= I - (l - i)2.85,

and

C 2 is calculated as C 2 = I - (l - 2i)2.85.

38. (Currently amended) The method of claim 37 wherein a series of n altered images is created using first approximations for C of Ii, 2i, 3i ... ni, and resulting values of C l , C 2, C 3 .. ,Cn for calculating output pixel values for each altered image, wherein C values are calculated as Cn = I - (l - ni)2.85, the series of altered images is- displayed to the user for selection of one as preferable.

Don Boys 35,074


EAST Search History

EAST Search History EAST Search History (Prior Art)

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Index of Claims

D

Application/Control No.

Appl icant( s )/Patent Under Reexam i nation

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

Rejected

Cancelled

Allowed

Restricted

N

Non-Elected

A

Appeal

Interference

o

Objected

D

D T.D.

Claims renumbered in the same order as presented by applicant

CLAIM Final

D

R.1.47

DATE

Original

12/01/2009 08/11/2010 07/01/2011

-

-

23

if

=

24

-

-

2

25

if

=

3

26

if

=

4

27

if

=

5

28

if

=

6

29

if

=

30

-

-

1

CPA

1

if

2

if

3

if

4

if

5

if

6

if

7

if

8

if

9

if

10

if

11

if

12

if

13

if

14

if

15

if

16

if

17

if

18

if

19

if

20

if

21

if

22

if

31 32 33 34 35 36 U.S. Patent and Trademark Office

Part of Paper No. : 20t t 070t


Index of Claims

= D

Application/Control No.

Appl icant( s )/Patent Under Reexam i nation

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

Rejected

Cancelled

Allowed

Restricted

N

Non-Elected

A

Appeal

Interference

o

Objected

D

D T.D.

Claims renumbered in the same order as presented by applicant

CLAIM

CPA

D

R.1.47

DATE

Final

Original

7

37

=

8

38

=

12/01/2009 08/11/2010 07/01/2011

U.S. Patent and Trademark Office

Part of Paper No. : 20t t 070t


Search Notes

ApplicationlControl No.

Appl icant( s)/Patent Under Reexam ination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

SEARCHED Class

Subclass

382 382 382

Date

167 274 274,167, *

Examiner MR MR MR

12/1/2009 12/1/2009 7/1/2011

SEARCH NOTES Search Notes

Date

see EAST srch inventor srch: Rodney near2 Shaw NPL search: Adobe Acrobat CS, Adobe Acrobat CS2 google scholar search: normalizing "0 and 1" "gamma correction" see EAST srch see EAST src

Examiner MR MR MR MR MR MR

12/1/2009 12/1/2009 12/1/2009 8/11/2010 8/11/2010 7/1/2011

INTERFERENCE SEARCH Class 382

I

I 274,167

IMARK ROZI

Subclass

I I

Date 7/1/2011

I

Examiner

I MR

12/1/2009,8/11/2010,7/1/2011

Examiner.Art Unit 2624

U.S. Patent and Trademark Office

Part of Paper No. : 20t t 070t


To: From: Cc: Subject:

officeactions@CENTRALCOASTPATENT.COM, plambuth@centralcoastpatent.com, PAIR_eOfficeAction@uspto.gov PAIR_eOfficeAction@uspto.gov Private PAIR Correspondence Notification for Customer Number 24739

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REQUEST FOR CONTINUED EXAMINATION(RCE)TRANSMITTAL (Submitted Only via EFS-Web) Application Number

11/552,666

I Filing I 2006-10-25 Date

First Named Rodney Shaw Inventor

Docket Number (if applicable) Examiner Name

P2119

I Art Unit I 2624

Mark Roz

This is a Request for Continued Examination (RCEI under 37 CFR 1.114 of the above-identified application. Request for Continued Examination (RCE) practice under 37 CFR 1.114 does not apply to any utility or plant application filed prior to June 8, 1995, or to any design application. The Instruction Sheet for this form is located at WWW.USPTO.GOV SUBMISSION REQUIRED UNDER 37 CFR 1.114 Note: If the RCE is proper, any previously filed unentered amendments and amendments enclosed with the RCE will be entered in the order in which they were filed unless applicant instructs otherwise. If applicant does not wish to have any previously filed unentered amendment(s) entered, applicant must request non-entry of such amendment(s).

D

[g]

Previously submitted. If a final Office action is outstanding, any amendments filed after the final Office action may be considered as a submission even if this box is not checked.

D

Consider the arguments in the Appeal Brief or Reply Brief previously filed on

D

Other

Enclosed

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Information Disclosure Statement (IDS)

D

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D

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MISCELLANEOUS

D

Suspension of action on the above-identified application is requested under 37 CFR 1.1 03(c) for a period of months (Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) required)

D

Other

FEES

[g]

The RCE fee under 37 CFR 1.17(el is required by 37 CFR 1.114 when the RCE is filed. The Director is hereby authorized to charge any underpayment of fees, or credit any overpayments, to Deposit Account No 500534 SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT REQUIRED

[g]

Patent Practitioner Signature

D

Applicant Signature

EFS - Web 2.1.15


Doc code: RCEX Doc description: Request for Continued Examination (RCEl

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Signature of Registered U.S. Patent Practitioner Signature Name

!Donald R. Boys!

Date (YYYY-MM-DD)

Donald R. Boys

Registration Number

2010-11-15 35074

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EFS - Web 2.1.15


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Examiner: Roz, Mark Art Unit: 2624

InRe: Case: Serial No.: Filed: Subject:

Rodney Shaw P2119 111552,666 October 25,2006 Apparatus and Methods for Enhancing Digital Images

Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450

Dear Sir:

Response B


-2-

In the Claims All of the claims standing for examination are reproduced below with appropriate status indication.

1-22. (Cancelled)

23. (Currently amended) A method enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation

120 -

= Pi / (1 - C l 2..Q:2i} having the follo\ving characteristics: i. the equation is of the general form Pe-=-:f$i.,.-G-l--t, where po is a new

normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location, and[[;

fr.11 Cl

is a constant having a value between 0 and 1 inclusive, which, once selected, remains the same for generating normalized pixel values for the first altered image; iii. for Pi~e-=-{F, iiii. for Pi~e=-+;iiiii. for Pi greater than 0 but less than 1, pe is either greater than Pi for all piJwls, or less than Pi for all piJwls c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but-with C2 between 0 and 1 inclusive, but unequal G1- C 1; d) producing actual pixel values for the first and second altered images from the calculated normalized values;


-3e) displaying the first and second altered images to a user for selection; f) selecting one of the first and second altered images by the user as preferable.

24. (Cancelled)

25. (Previously presented) The method of claim 23 wherein the image selected by the user in step (f) is taken as a new original image in step (a), and the procedure of claim 23 is repeated

26. (Previously presented) The method of claim 25 wherein the user signals a final approval for the altered digital image in the first attribute.

27. (Previously presented) The method of claim 23 wherein the image attribute is brightness.

28. (Previously presented) The method of claim 26 wherein the image attribute is brightness, the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast.

29. (Previously presented) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30 - 36. (Cancelled)

37. (New) The method of claim 23 wherein an increment i is selected as a first approximation of C 1, 2i as a first approximation of C 2, C 1 is calculated as C 1 = 1 - (1 i)2.85, and C2 is calculated as C2 = 1 - (1 _ 2i)2.85.


-4-

38. (New) The method of claim 37 wherein a series ofn altered images is created using first approximations for C of Ii, 2i, 3i ... ni, and values ofC l , C 2, C3 ... Cn for calculating output pixel values for each altered image are calculated as Cn = 1 - (1 - ni)2.85, the series of altered images is displayed to the user for selection of one as preferable.


-5-

REMARKS

This response is to the Office Action mailed on 0811912010

From the action:

This is a Final Action in response to communications filed on 02 July 2010. Claims 23 and 25-29 are pending in the application. Claims 23 and 25-29 are rejected.

Applicant's response:

Acknowledged

From the action:

In the amendment filed on 07/0212010, applicant cancels claims 1-22, and

introduces new claims 23, and 25-29. Consequently, claims 23 and 25-29 are pending in the application. Applicant new claims are rejected with a new prior art combination, and the office action is made FINAL.

Applicant's response

Acknowledged

From the action:

Applicant introduces new claims, which further specify over the old claims, a method of altering images to be presented to the user. Examiner cites Main (U.S. 5,408,267), which includes applicant claimed features of normalizing the image, and using an equation with a constant parameter to alter the image.

Applicant's response:

Acknowledged, although applicant makes no admission of the veracity of the rejections and reasoning.


-6From the action: Claims 23 and 25-29 are rejected under 35 U.S.C. 103(a) as being unpatentable over Photoshop (Ben Willmore, Adobe Photoshop CS Studio Techniques, pub February 2004, Adobe Press) in view of Main (U.S. 5,408,267).

As for claim 23, Photoshop teaches. A method for enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value (Photoshop, Variations, displays initial unchanged image); [altering the images] (e) displaying the first and second altered Images to a user for selection (Photoshop, Variations, displays altered images) (f) selecting one of the first and second altered images by the user as preferable Photoshop, Variations, allows user to select one of variations) Photoshop does not teach the specific method of producing the alternated images: (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics: i. the equation is of the general form po =J(Pi, el), where PO is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location; ii. C 1 is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered image; iii. for pi = 0, po = 0; iiii. for pi = 1, po = 1; iiiii, for Pi greater than 0 but less than 1, po is either greater than pi for all pixels,


-7or less than pi for all pixels c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C2 unequal C 1 (d) producing actual pixel values for the first and second altered images from the calculated normalized values

Main, however, teaches altering images by normalizing and gamma-correcting: (b) normalizing pixel values in the original image to values between 0 and 1 proportionally (Main, Fig 10, teaches normalizing RGB values to range of 0-1) (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics (Main, Fig 10) i. the equation is of the general form po =f(pi, C 1), where PO is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location; (Main, Fig 2, col 10 - 20, teaches equation y=xA1/gamma) ii. C 1 is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered image (Main, Fig 2, col 10-20, l/gamma yields values between 0 and 1, and applying the equation to all image pixels) iii. for pi = 0, po = 0; (Main, Fig 2, Fig 10) iiii. for pi = 1, po = 1; (Main, Fig 2, Fig 10) iiiii, for Pi greater than 0 but less than 1, po is either greater than pi for all pixels, or less than pi for all pixels (Main, Fig 2, Fig 10) c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C2 unequal C 1 (Main,_Fig 10, col 29 In 15-65, teaches selecting a different gamma parameter value to obtain different image correction results) (d) producing actual pixel values for the first and second altered images from the calculated normalized values (Main, Fig 10)


-8-

It would have been obvious for one of ordinary skill in the art at the time of the

invention to combine the teachings of Photoshop and Main, as they both pertain to the art of image enhancement. One of ordinary skill in the art at the time of the invention would have been motivated to combine said teachings, in order to compensate for nonlinearity of light output (Main, coli, In 30-50)

As for claim 25, the combination of Photos hop and Main teaches the image selected by the user in step (f) is taken as a new original image in step (a), and the procedure of claim 23 is repeated (Photoshop, Variations, user selects the

brighter or darker version, replaces "current image" with the new selection).

As for claim 26, the combination of Photoshop and Main teaches the user signals a final approval for the altered digital image in the first attribute

(Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection)

As for claim 27, the combination of Photos hop and Main teaches the image attribute is brightness (Photoshop, Variations, teaches creating an

image with greater and lesser brightness).

As for claim 28, the combination of Photos hop and Main teaches the image attribute is brightness (Photoshop, Variations, user selects the

brighter or darker version, replaces "current image" with the new selection), the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast.

The combination of Photoshop and Main does not explicitly teach the second attribute is contrast


-9While Photoshop doesn't teach altering image contrast in the Variations user interface, Photoshop "Image Adjustments, Brightness/Contrast" teaches altering the image brightness and contrast. It would have been obvious for one of ordinary skill in the art at the time of the

invention, to modify Photoshop Variations with Photoshop Brightness/Contrast Adjustment, as both pertain to the same Photoshop application. One of ordinary skill in the art would have been motivated to perform such modification, in order to allow the user to adjust the image contrast in the user-friendly manner, analogously to brightness adjustment.

As for claim 29, the combination of Photos hop and Main teaches the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color (Photoshop, Variations displays images with alternative degrees of color hue, for user selection).

Applicant's response: Applicant has herein amended independent claim 23 and has added two new claims 37 and 38.

Claim 23 as amended now recites: 23. (Currently amended) A method enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation po = Pi / (1 - Cl + CIPi) where po is a new normalized (output) pixel value for


- 10 the first altered image, generated from pi, which is an original (input) pixel value at the same image location, and Cl is a constant having a value between 0 and 1 inclusive, which, once selected, remains the same for generating normalized pixel values for the first altered image; c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, with C2 between 0 and 1 inclusive, but unequal C 1; d) producing actual pixel values for the first and second altered images from the calculated normalized values; e) displaying the first and second altered images to a user for selection; f) selecting one of the first and second altered images by the user as preferable.

Amended claim 1 narrows the scope of claim 1 by reciting the actual equation used in calculating output pixel values from input pixel values, rather than characteristics of the equation. As the gamma correction equation taught in Main (of record) is considerably different than the equation taught in applicant's as-filed specification, and now claimed, the rej ection over Main is moot. Claims 25-29 and new claims 37 and 38, depended from patentable claim 23 are now patentable at least as depended from a patentable claim.


- 11 -

Summary

As all of the claims, as amended and argued above, have been shown to be patentable over the art last presented and applied by the Examiner, applicant respectfully requests reconsideration and that the case be passed quickly to issue. If any fees are due beyond fees paid with this response, authorization is made to deduct those fees from deposit account 50-0534. If any time extension is needed beyond any extension requested with this amendment, such extension is hereby requested.

Respectfully Submitted Rodney Shaw By /1)onaCd 9l. 910!J4/ Donald R. Boys Reg. No. 35,074

Central Coast Patent Agency, Inc. 3 Hangar Way, Suite D Watsonville, CA 95076 (831) 768-1755


Electronic Patent Application Fee Transmittal Application Number:

11552666

Filing Date:

25-0ct-2006

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Filer:

Donald Rex Boys/Sheri Beasley

Attorney Docket Number:

P2119

Filed as Small Entity

Utility under 35 USC 111 (a) Filing Fees Description

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Description

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Request for continued examination

2801

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Electronic Acknowledgement Receipt EFSID:

8839730

Application Number:

11552666

International Application Number: Confirmation Number:

2474

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Customer Number:

24739

Filer:

Donald Rex Boys/Sheri Beasley

Filer Authorized By:

Donald Rex Boys

Attorney Docket Number:

P2119

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15-NOV-2010

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PATENT APPLICATION FEE DETERMINATION RECORD

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Legal Instrument Examiner: IJOSEPHINE DOUGLASI

••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of mformatlon IS required by 37 CFR 1.16. The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


UNITED STAlES PAlENT 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.

111552,666

10/2512006

Rodney Shaw

P2119

2474

24739

7590

0811912010

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076

EXAMINER ROZ,MARK ART UNIT

PAPER NUMBER

2624

NOTIFICATION DATE

DELIVERY MODE

08/19/2010

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 addressees): officeactions@CENTRALCOASTPAlENT.COM plambuth@centralcoastpatent.com anantha@formulateip.com

PTOL-90A (Rev. 04/07)


Application No.

Applicant(s)

11/552,666

Office Action Summary

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --

Period for Reply A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ~ MONTH(S) OR THIRTY (30) DAYS, WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. - Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, maya reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. - If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. - Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. ยง 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status 1)1ZI Responsive to communication(s) filed on 02 July 2010. 2a)1ZI This action is FINAL.

2b)0 This action is non-final.

3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213. Disposition of Claims 4)1ZI Claim(s) 23 and 25-29 is/are pending in the application. 4a) Of the above claim(s) _ _ is/are withdrawn from consideration. 5)0 Claim(s) _ _ is/are allowed. 6)1ZI Claim(s) 23 and 25-29 is/are rejected. 7)0 Claim(s) _ _ is/are objected to. 8)0 Claim(s) _ _ are subject to restriction and/or election requirement. Application Papers 9)0 The specification is objected to by the Examiner. 10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).

11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. Priority under 35 U.S.C. ยง 119 12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. ยง 119(a)-(d) or (f). a)O All

b)O Some * c)O None of:

1.0 Certified copies of the priority documents have been received. 2.0 Certified copies of the priority documents have been received in Application No. _ _ . 3.0 Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau (PCT Rule 17.2(a)). * See the attached detailed Office action for a list of the certified copies not received.

Attachment(s) 1) 2) 3)

IZI Notice of References Cited (PTO-892) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) 0 Information Disclosure Statement(s) (PTO/SS/08) Paper No(s)/Mail Date _ _ .

4)

0

5) 6)

0 0

Interview Summary (PTO-413) Paper No(s)/Mail Date. _ _ . Notice of Informal Patent Application Other: _ _ .

U.s. Patent and Trademark Office

PTOL-326 (Rev. 08-06)

Office Action Summary

Part of Paper No.lMail Date 20100811


Application/Control Number: 11/552,666

Page 2

Art Unit: 2624

DETAILED ACTION

In the amendment filed on 07/02/2010, applicant cancels claims 1-22, and introduces new claims 23, and 25-29. Consequently, claims 23 and 25-29 are pending in the application. Applicant new claims are rejected with a new prior art combination, and the office action is made FINAL.

Response to Arguments

Applicant introduces new claims, which further specify over the old claims, a method of altering images to be presented to the user. Examiner cites Main (U.S. 5,408,267), which includes applicant claimed features of normalizing the image, and using an equation with a constant parameter to alter the image.

Claim Rejections - 35 USC ยง 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all

obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

Claims 23 and 25-29 are rejected under 35 U.S.C. 103(a) as being unpatentable over Photoshop (Ben Willmore, Adobe Photoshop CS Studio Techniques, pub February 2004, Adobe Press) in view of Main (U.S. 5,408,267).


Application/Control Number: 11/552,666

Page 3

Art Unit: 2624

As for claim 23, Photoshop teaches. A method for enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value (Photoshop, Variations, displays initial unchanged image); [altering the images] (e) displaying the first and second altered images to a user for selection

(Photoshop, Variations, displays altered images) (f) selecting one of the first and second altered images by the user as preferable

Photoshop, Variations, allows user to select one of variations) Photoshop does not teach the specific method of producing the alternated images: (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics: i. the equation is of the general form po =J(Pi, el), where PO is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location;


Application/Control Number: 11/552,666

Page 4

Art Unit: 2624 ii. C1 is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered image; iii. for pi = 0, po = 0; iiii. for pi = 1, po = 1; iiiii, for Pi greater than 0 but less than 1, po is either greater than pi for all pixels, or less than pi for all pixels c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C2 unequal C 1 (d) producing actual pixel values for the first and second altered images from the calculated normalized values Main, however, teaches altering images by normalizing and gamma-correcting: (b) normalizing pixel values in the original image to values between 0 and 1 proportionally (Main, Fig 10, teaches normalizing RGB values to range of 0-1) (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics (Main, Fig 10) i. the equation is of the general form po =f(pi, C1), where PO is a new normalized (output) pixel value for the first altered image, generated from pi,


Application/Control Number: 11/552,666

Page 5

Art Unit: 2624 which is an original (input) pixel value at the same image location; (Main, Fig 2, col 10.

20, teaches equation y=x

1/gamma

)

ii. C1 is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered image (Main, Fig 2, col 10-20, 1/gamma yields values between 0 and 1, and

applying the equation to all image pixels) iii. for pi = 0, po = 0; (Main, Fig 2, Fig 10) iiii. for pi = 1, po = 1; (Main, Fig 2, Fig 10) iiiii, for Pi greater than 0 but less than 1, po is either greater than pi for all pixels, or less than pi for all pixels (Main, Fig 2, Fig 10) c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C2 unequal C 1

(Main,_Fig 10, col 29 In 15-65, teaches selecting a different gamma parameter value to obtain different image correction results) (d) producing actual pixel values for the first and second altered images from the calculated normalized values (Main, Fig 10) It would have been obvious for one of ordinary skill in the art at the time of the invention to combine the teachings of Photoshop and Main, as they both pertain to the art of image enhancement. One of ordinary skill in the art at the time of the invention would


Application/Control Number: 11/552,666

Page 6

Art Unit: 2624 have been motivated to combine said teachings, in order to compensate for nonlinearity of light output (Main, col 1, In 30-50)

As for claim 25, the combination of Photoshop and Main teaches the image selected by the user in step (f) is taken as a new original image in step (a), and the procedure of claim 23 is repeated (Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection).

As for claim 26, the combination of Photoshop and Main teaches the user signals a final approval for the altered digital image in the first attribute (Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection)

As for claim 27, the combination of Photoshop and Main teaches the image attribute is brightness (Photoshop, Variations, teaches creating an image with greater and lesser brightness).

As for claim 28, the combination of Photoshop and Main teaches


Application/Control Number: 11/552,666

Page 7

Art Unit: 2624 the image attribute is brightness (Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection), the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast. The combination of Photoshop and Main does not explicitly teach the second attribute is contrast While Photoshop doesn't teach altering image contrast in the Variations user interface, Photoshop "Image Adjustments, Brightness/Contrast" teaches altering the image brightness and contrast. It would have been obvious for one of ordinary skill in the art at the time of the invention, to modify Photoshop Variations with Photoshop Brightness/Contrast Adjustment, as both pertain to the same Photoshop application. One of ordinary skill in the art would have been motivated to perform such modification, in order to allow the user to adjust the image contrast in the user-friendly manner, analogously to brightness adjustment.

As for claim 29, the combination of Photoshop and Main teaches the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color (Photoshop, Variations, displays images with alternative degrees of color hue, for user selection).


Application/Control Number: 11/552,666

Page 8

Art Unit: 2624

Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.

Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK ROZ whose telephone number is (571 )270-3382. The examiner can normally be reached on 9AM-5PM M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Vikkram Bali can be reached on (571 )272-7415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.


Application/Control Number: 11/552,666

Page 9

Art Unit: 2624 Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/Mark Roz/ 08/11/2010 /Wes Tucker/ Primary Examiner, Art Unit 2624


Application/Control No.

Notice of References Cited

11/552,666

Applicant(s)/Patent Under Reexamination SHAW, RODNEY

Examiner

Art Unit

MARKROZ

2624

Page 1 of 1

u.s. PATENT DOCUMENTS

* *

Document Number Country Code-Number-Kind Code

A

US-5,408,267

B

US-

C

US-

D

US-

E

US-

F

US-

G

US-

H

US-

I

US-

J

US-

K

US-

L

US-

M

US-

Date MM-YYYY 04-1995

Name

Classification

Main, David R.

348/254

FOREIGN PATENT DOCUMENTS Document Number

*

Country Code-Number-Kind Code

Date MM-YYYY

Country

Name

Classification

N

0 P Q

R

S T

NON-PATENT DOCUMENTS

*

Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)

U

V

W

X *A copy of this reference IS not bemg furnished with this Office action. (See MPEP ยง 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.

u.s. Patent and Trademark Office PTO-892 (Rev. 01-2001)

Notice of References Cited

Part of Paper No. 20100811


Index of Claims

= D

Application/Control No.

Applicant(s)/Patent Under Reexamination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

Rejected

Cancelled

Allowed

Restricted

N

Non-Elected

A

Appeal

Interference

o

Objected

D

D T.D.

D R.1.47

Claims renumbered in the same order as presented by applicant

CLAIM Final

CPA

DATE

Original

12/01/2009 08/11/2010

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 u.s. Patent and Trademark Office

if

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Part of Paper No.: 20100811


Search Notes

Application/Control No.

Applicant(s)/Patent Under Reexamination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

SEARCHED Class

Subclass

382 382

167 274

Date 12/1/2009 12/1/2009

Examiner MR MR

Date 12/1/2009 12/1/2009 12/1/2009 8/11/2010 8/11/2010

Examiner MR MR MR MR MR

SEARCH NOTES Search Notes see EAST srch inventor srch: Rodney near2 Shaw NPL search: Adobe Acrobat CS, Adobe Acrobat CS2 google scholar search: normalizing "0 and 1" "gamma correction" see EAST srch

INTERFERENCE SEARCH Class

I I

IMARK ROZI

Subclass

I I

Date

I I

Examiner

12/1/2009,8/11/2010

Examiner.Art Unit 2624

u.s.

Patent and Trademark Office

Part of Paper No. : 20100811


EAST Search History

EAST Search History EAST Search History (Prior Art)

file:/IICI/Documeuts%20aud%20Settiugs/mrozlMy%20Docu ...666!E ASTSearchHistory .11552666_Accessible Versiou.htm (I of 2)8/13/2010 12:24:30 PM


EAST Search History

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EAST Search History (I nterference) < This search history is empty>

8/13/201012:24:18 PM C:\ Documents and Settings\ mroz\ My Documents\ EAST\ Workspaces\ 11552666 Shaw.wsp

file:/IICI/Documeuts%20aud%20Settiugs/mrozlMy%20Docu ...666!E ASTSearchHistory .11552666_Accessible Versiou.htm (2 of 2)8/13/2010 12:24:30 PM


To: From: Cc: Subject:

anantha@formulateip.com,officeactions@C ENTRALCOASTPATENT. COM, plambuth@centralcoastpatent.< PAIR_eOfficeAction@uspto.gov PAIR_eOfficeAction@uspto.gov Private PAIR Correspondence Notification for Customer Number 24739

Aug 19,201005:48:42 AM Dear PAIR Customer: CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076 UNITED STATES The following USPTO patent application(s) associated with your Customer Number, 24739 , have new outgoing correspondence. This correspondence is now available for viewing in Private PAIR. The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90 accompanying the correspondence. Disclaimer: The list of documents shown below is provided as a courtesy and is not part of the official file wrapper. The content of the images shown in PAIR is the official record. Application 11552666

Document CTFR 892

Mailroom Date 08/19/2010 08/19/2010

Attorney Docket No. P2119 P2119

To view your correspondence online or update your email addresses, please visit us anytime at https:llsportal.uspto.gov/secure/myportal/privatepair. If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov with 'e-Office Action' on the subject line or call 1-866-217-9197 during the following hours: Monday - Friday 6:00 a.m. to 12:00 a.m. Thank you for prompt attention to this notice, UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Art Unit: 2624 Examiner: Mark Roz

InRe: Case: Serial No.: Filed: Subject:

Rodney Shaw P2119 111552,666 1012512006 Apparatus and Methods for Enhancing Digital Images

Commissioner for Patent PO Box 1450 Alexandria, VA 22313-1450

Dear Sir:

Supplemental Amendment after Response A


-2-

In the claims: All of the claims standing for examination are presented below with current amendments and appropriate status indication.

1-22. (Cancelled)

23. (Currently amended) A method for producing an altered enhancing a digital image from an original digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attributes attribute in the original image range from zero to a maximum value, as the original image to be enhanced; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) recalculating calculating new normalized pixel values for the a first altered image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, Cl), where po is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location; ii. C 1 is a constant having a value between 0 and the maJcimum value 1.. which, once selected, remains the same for generating normalized pixel values for the first altered image; iii. for Pi = 0, po = 0; iiii. for Pi = the maJcimum value 1, po = the maJcimum value 1; iiiii. for Pi greater than 0 but less than the maximum value 1, po is either greater than Pi for all pixels, or less than Pi for all pixels c) recalculating calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C2 unequal C1;


-3Cd) producing actual pixel values for the first and second altered images from the calculated normalized values; Ce) displaying the first and second altered images to a user for selection; Cf) selecting one of the first and second altered images by the user as preferable.

24. (Cancelled)

25. (Currently amended) The method of claim ~ 23 wherein successive altered digital images are created and displayed to the user depending on user approval or disapproval the image selected by the user in step Cf) is taken as a new original image in step Ca), and the procedure of claim 23 is repeated, and 'tvherein values for the constant C are changed in a preprogrammed incremental fashion to produce the successive altered images.

26. (Previously presented) The method of claim 25 wherein the user signals a final approval for the altered digital image in the first attribute.

27. (Currently amended) The method of claim ~ 23 wherein the image attribute is brightness.

28. (Currently amended) The method of claim t i 26 wherein the image attribute is brightness, the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast.

29. (Previously presented) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30 - 36. (Cancelled)


-4Because several serial amendments have been made between the original claims and consideration after the first non-final action mailed on 12.07.2009, the claims are presented herebelow in the form as amended in this action, as an aid in examination:

1-22. (Cancelled)

23. (As amended) A method for enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, C 1), where Po is a new normalized (output) pixel value for the first altered image, generated from pi, which is an original (input) pixel value at the same image location; ii. C 1 is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered Image; iii. for Pi = 0, po = 0; iiii. for Pi = 1, po = 1; iiiii. for Pi greater than 0 but less than 1, po is either greater than Pi for all pixels, or less than Pi for all pixels c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C 2 unequal C 1; (d) producing actual pixel values for the first and second altered images from the calculated normalized values;


-5-

(e) displaying the first and second altered images to a user for selection; (f) selecting one of the first and second altered images by the user as preferable.

24. (Cancelled)

25. (As amended) The method of claim 23 wherein the image selected by the user in step (f) is taken as a new original image in step (a), and the procedure of claim 23 is repeated.

26. (Previously presented) The method of claim 25 wherein the user signals a final approval for the altered digital image in the first attribute.

27. (As amended) The method of claim 23 wherein the image attribute is brightness.

28. (As amended) The method of claim 26 wherein the image attribute is brightness, the attribute is changed from brightness to contrast after the user final approval for brightness, and the method is repeated until the user signals a final approval for contrast.

29. (Previously presented) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30 - 36. (Cancelled)


-6-

Remarks The present paper is a second supplemental amendment further amending the claims in the case following a first supplemental amendment filed about 0512612010. Claims 23-36 are standing for examination. Further amendment was deemed necessary by the applicant after review of the claims previously amended, and an interview with the examiner on 7.01.2010, in which the examiner indicated the claims as amended in the paper of 5 .26.20 10 would be held to be drawn to a patentably distinct invention. The new amendments in this paper are to recast the claims within the scope of the original claims in the case, but considerably more narrow.

Independent claim 23 as amended herein now recites:

23. (As amended) A method for enhancing a digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image as an original image to be enhanced, wherein pixel values for an image attribute in the original image range from zero to a maximum value; (b) normalizing pixel values in the original image to values between 0 and 1 proportionally; (b) calculating new normalized pixel values for a first altered image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, C 1), where Po is a new normalized (output) pixel value for the first altered image, generated from Pi, which is an original (input) pixel value at the same image location; ii. Cl is a constant having a value between 0 and 1, which, once selected, remains the same for generating normalized pixel values for the first altered Image; iii. for Pi = 0, po = 0; iiii. for Pi = 1, po = 1;


-7iiiii. for Pi greater than 0 but less than 1, po is either greater than Pi for all pixels, or less than Pi for all pixels c) calculating new normalized pixel values for a second altered image using the same equation and procedure as for the first altered image, but with C 2 unequal C 1; (d) producing actual pixel values for the first and second altered images from the calculated normalized values; (e) displaying the first and second altered images to a user for selection; (f) selecting one of the first and second altered images by the user as preferable.

Claim 23 as amended recites all of the limitations of the original as-filed claim 1, plus several additional limitations in how the altered images are created. As the art thus far cited and applied does not teach an equation having the claimed characteristics, claim 23 is patentable over that art. Claim 24 is cancelled. Claims 25-29 are patentable at least as depended from a patentable claim.

Claims 30-36 are cancelled.


-8-

Summary As all of the claims, as amended and argued above, have been shown to be patentable over the art thus far presented, applicant respectfully requests reconsideration and the case be passed quickly to issue. If any fees are due beyond fees paid with this amendment, authorization is made to deduct those fees from deposit account 50-0534. If any time extension is needed beyond any extension requested with this amendment, such extension is hereby requested.

Respectfully submitted, Rodney Shaw By /:Donald [il. 9J0!J4/ Donald R. Boys Reg. No. 35,074

Central Coast Patent Agency, Inc. 3 Hangar Way, Suite D Watsonville CA 95076 (831) 768-1755


Electronic Acknowledgement Receipt EFSID:

7945449

Application Number:

11552666

International Application Number: Confirmation Number:

2474

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Customer Number:

24739

Filer:

Donald Rex Boys/Sheri Beasley

Filer Authorized By:

Donald Rex Boys

Attorney Docket Number:

P2119

Receipt Date:

02-JUL-2010

Filing Date:

25-0CT-2006

TimeStamp:

12:04:38

Application Type:

Utility under 35 USC 111 (a)

Payment information: Submitted with Payment

I

no

File Listing: Document Number

Document Description

File Name

1

Supplemental Response or Supplemental Amendment

2119_Supp_2.pdf

File Size(Bytes)/ Message Digest

Information:

Pages (ifappl.)

no

8

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Total Files Size (in bytes)

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PATENT APPLICATION FEE DETERMINATION RECORD

Application or Docket Number

Filing Date

11/552,666

10/25/2006

Substitute for Form PTO-875

APPLICATION AS FILED - PART I

[8J

(Column 2)

FOR

NUMBER FILED

NUMBER EXTRA

RATE ($)

D

BASIC FEE (37 CFR 1.16(a), (b), or (e))

N/A

N/A

N/A

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N/A

N/A

N/A

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D

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N/A

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D

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OTHER THAN

(Column 1)

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[8J

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If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41 (a)(1)(G) and 37 CFR 1.16(s).

MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16U))

• If the difference in column 1 is less than zero, enter "0" in column 2.

TOTAL

TOTAL

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(Column 1)

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X $110 =

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(Column 1)

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Legal Instrument Examiner: /KATRINA HARLING/

••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of mformatlon IS required by 37 CFR 1.16. The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Art Unit: 2624 Examiner: Mark Roz

InRe: Case: Serial No.: Filed: Subject:

Rodney Shaw P2119 111552,666 1012512006 Apparatus and Methods for Enhancing Digital Images

Commissioner for Patent PO Box 1450 Alexandria, VA 22313-1450

Dear Sir:

Supplemental Amendment after Response A


-2-

In the claims: All of the claims standing for examination are presented below with appropriate status indication.

1-22. (Cancelled)

23. (Currently amended) A method for producing an altered digital image from an original digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting an a digital image wherein pixel values for an image attributes attribute range from zero to a maximum value, as an the original image to be enhanced; Eb) normalizing original pixel values for the original image to values bet'Neen 0 and 1 inclusive over the range of pixel values;

(e 12.) recalculating new normalized pixel values for the altered image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, C), where po is a new normalized {output} pixel value for the altered image, generated by the equation from Pi, which is an original normalized (input) pixel value at the same image location; _ _----"'ii"-..,-and-C, vthich is a constant having a value between 0 and the maximum value which, once selected, remains the same for generating normalized pixel values for the altered image; iii. for Pi = 0, pQ = 0; iiii. for Pi = the maximum value, po = the maximum value; iiiii. for Pi greater than 0 but less than the maximum value, po is either greater than Pi for all pixels, or less than Pi for all pixels Ed) generating ne..v piJccl values for the altered image from the output normalized pixel values.


-3-

24. (Currently amended) The method of claim 23 comprising an additional step wherein the altered digital image is displayed to a user for approval or disapproval.

25. (Currently amended) The method of claim 24 wherein successive altered digital images are created and displayed to the user depending on user approval or disapproval, and wherein values for the constant C are changed in a preprogrammed incremental fashion to produce the successive altered images.

26. (Currently amended) The method of claim 25 wherein the user signals a final approval for the altered digital image in the first attribute.

27. (Previously presented) The method of claim 26 wherein the image attribute is brightness.

28. (Previously presented) The method of claim 27 wherein the image attribute is changed from brightness to contrast after the user approval, and the method is repeated until the user signals a final approval for contrast.

29. (Previously presented) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30. (Currently amended) A system for enhancing a digital image, comprising: software executing on a computerized appliance from a computer-readable physical medium; and input apparatus coupled to the computerized appliance and operable by a user; ___wherein the user selects aE: a digital image wherein pixel values for an image attributes attribute range from zero to a maximum value, as an original digital image to be


-4enhanced, and the software normalizes original pixel values for the original image to values bet'Neen 0 and 1 inclusive over the range of pixel values, recalculates calculates new normalized pixel values for the altered digital image using an equation having the following characteristics: of the general form Pe-=-:f$i, C), 'tvhere pq is a new normalized ÂŁOutput} pixel value for the altered image, generated by the equation from pi, "'thich is an original normalized pixel value at the same image location, and C, "'thich is a constant which remains the same for generating normalized piJwl values for the altered image, and generates new piJwl values for the altered image from the output normalized piJwl values i. the equation is of the general form Po~i, C), where po is a new (output) pixel value for the altered image, generated from Pi, which is an original (input) pixel value at the same image location; ii. C is a constant having a value between 0 and the maximum value which, once selected, remains the same for generating pixel values for the altered Image; iii. for Pi = 0, pQ = 0; iiii. for Pi = the maximum value, po = the maximum value; iiiii. for Pi greater than 0 but less than the maximum value, po is either greater than Pi for all pixels, or less than Pi for all pixels.

31. (Currently amended) The system of claim 30 wherein the altered digital image is displayed to a user for approval or disapproval.

32. (Currently amended) The system of claim 31 wherein successive altered digital images are created and displayed to the user depending on user approval or disapproval, and wherein values for the constant C are changed in a preprogrammed incremental fashion to produce the successive altered images.

33. (Currently amended) The system of claim 32 wherein the user signals a final approval for the altered digital image in the first attribute.


-5-

34. (Previously presented) The system of claim 33 wherein the image attribute is brightness.

35. (Previously presented) The system of claim 34 wherein the image attribute is changed from brightness to contrast after the user approval, and the method is repeated until the user signals a final approval for contrast.

36. (Previously presented) The system of claim 35 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.


-6-

Remarks The present paper is a supplemental amendment further amending the claims in the case. Claims 23-36 are standing for examination. Further amendment was deemed necessary by the applicant after review of the claims previously amended, and the new amendments made in this paper considerably narrow the scope of the claims.

Independent claim 23 as amended herein now recites:

23. (Currently amended) A method for producing an altered digital image from an original digital image, comprising the steps of: (a) using software executing from a machine-readable physical medium on a computerized appliance, selecting a digital image wherein pixel values for an image attribute range from zero to a maximum value, as the original image to be enhanced; (b) recalculating new pixel values for the altered image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, C), where po is a new (output) pixel value for the altered image, generated from Pi, which is an original (input) pixel value at the same image location; ii. C is a constant having a value between 0 and the maximum value which, once selected, remains the same for generating pixel values for the altered Image; iii. for Pi = 0, po = 0; iiii. for Pi = the maximum value, po = the maximum value; iiiii. for Pi greater than 0 but less than the maximum value, po is either greater than Pi for all pixels, or less than Pi for all pixels.

Several characteristics of an equation used to generate pixel values for an attribute in an altered image are now recited as limitations in the method. As the art thus far cited and applied does not teach an equation having the claimed characteristics, claim 23 is


-7patentable over that art. Claims 24-29 are thus patentable at least as depended from a patentable claim.

Claim 30 as amended herein now recites:

30. (Currently amended) A system for enhancing a digital image, comprising: software executing on a computerized appliance from a computer-readable physical medium; and input apparatus coupled to the computerized appliance and operable by a user; wherein the user selects a digital image wherein pixel values for an image attribute range from zero to a maximum value, as an original digital image to be enhanced, and the software calculates new pixel values for the altered digital image using an equation having the following characteristics: i. the equation is of the general form po = fiPi, C), where po is a new (output) pixel value for the altered image, generated from Pi, which is an original (input) pixel value at the same image location; ii. C is a constant having a value between 0 and the maximum value which, once selected, remains the same for generating pixel values for the altered Image; iii. for Pi = 0, po = 0; iiii. for Pi = the maximum value, po = the maximum value; iiiii. for Pi greater than 0 but less than the maximum value, po is either greater than Pi for all pixels, or less than Pi for all pixels.

Claim 30 as amended recites the same equation characteristics as limitations that are recited in claim 23, and is thus patentable over the art so far cited and applied by the same rationale as presented above on behalf of claim 23. Claims 31-36 are thus patentable at least as depended from a patentable claim.


-8-

Summary

As all of the claims, as newly entered and argued above, have been shown to be patentable over the art thus far presented by the Examiner, applicant respectfully requests reconsideration and the case be passed quickly to issue. If any fees are due beyond fees paid with this amendment, authorization is made to deduct those fees from deposit account 50-0534. If any time extension is needed beyond any extension requested with this amendment, such extension is hereby requested.

Respectfully submitted, Rodney Shaw By /:Donald [il. 9Jcup/ Donald R. Boys Reg. No. 35,074

Central Coast Patent Agency, Inc. 3 Hangar Way, Suite D Watsonville CA 95076 (831) 768-1755


Electronic Acknowledgement Receipt EFSID:

7691108

Application Number:

11552666

International Application Number: Confirmation Number:

2474

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Customer Number:

24739

Filer:

Donald Rex Boys/Sheri Beasley

Filer Authorized By:

Donald Rex Boys

Attorney Docket Number:

P2119

Receipt Date:

26-MAY-2010

Filing Date:

25-0CT-2006

TimeStamp:

14:08:51

Application Type:

Utility under 35 USC 111 (a)

Payment information: Submitted with Payment

I

no

File Listing: Document Number

Document Description

File Name

1

Supplemental Response or Supplemental Amendment

21190ar1_Supp.pdf

File Size(Bytes)/ Message Digest

Information:

Pages (ifappl.)

no

8

88739 fd617dcfefecf53758b 16e27b6c6f959c769c eee

Warnings:

Multi Part /.zip


Total Files Size (in bytes)

88739

This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Applications Under 35 U.S.c. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Application under 35 U.S.c. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.c. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.c. 371 will be issued in addition to the Filing Receipt, in due course. New International Application Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number and of the International Filing Date (Form PCT/RO/l 05) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application.


PTO/SB/06 (07-06) Approved for use through 1/31/2007. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

PATENT APPLICATION FEE DETERMINATION RECORD

Application or Docket Number

Filing Date

11/552,666

10/25/2006

Substitute for Form PTO-875

APPLICATION AS FILED - PART I

OTHER THAN

IZI

(Column 1)

(Column 2)

FOR

NUMBER FILED

NUMBER EXTRA

RATE ($)

D

BASIC FEE (37 CFR 1.16(a), (b), or (e))

N/A

N/A

N/A

N/A

D

SEARCH FEE (37 CFR 1.16(k), (i), or (m))

N/A

N/A

N/A

N/A

D

EXAMINATION FEE (37 CFR 1.16(0), (p), or (q))

N/A

N/A

N/A

N/A

TOTAL CLAIMS (37 CFR 1.16(i))

minus 20 =

INDEPENDENT CLAIMS (37 CFR 1.16(h))

minus 3 =

DAPPLICATION SIZE FEE (37 CFR 1.16(s))

D To be Mailed

. .

SMALL ENTITY

X $

=

X $

=

OR

FEE ($)

SMALL ENTITY RATE ($)

OR

X $

=

X $

=

FEE ($)

If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41 (a)(1)(G) and 37 CFR 1.16(s).

D MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16U)) • If the difference in column 1 is less than zero, enter "0" in column 2.

TOTAL

TOTAL

APPLICATION AS AMENDED - PART II OTHER THAN

IZ W ~

0 Z W

05/26/2010 Total

(37 CFR

1.16(1))

Independent 37 CFR 1.16 hll

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

SMALL ENTITY

RATE ($)

ADDITIONAL FEE ($)

~

0 Z W

(37 CFR

1.161111

Independent (37 CFR 1.16(h))

•• 22

=

0

X $26 =

0

OR

X $

=

•2

Minus

***3

=

0

X $110 =

0

OR

X $

=

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

· ·

Minus Minus

.. ...

0

RATE ($)

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ADDITIONAL FEE ($)

TOTAL ADD'L FEE

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=

X $

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D Application Size Fee (37 CFR 1.16(s)) « D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) column 1 is less than the entry in column 2, write "0" in column 3.

ADDITIONAL FEE ($)

OR TOTAL ADD'L FEE

•• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".

ADDITIONAL FEE ($)

OR

~

* If the entry in

RATE ($)

Minus

TOTAL ADD'L FEE

Total

SMALL ENTITY

• 14

~ « D Application Size Fee (37 CFR 1.16(s)) D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))

IZ W

OR

OR

TOTAL ADD'L FEE

Legal Instrument Examiner: IANTHONY WILLIAMSI

••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of mformatlon IS required by 37 CFR 1.16. The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


UNITED STAlES PAlENT 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.

111552,666

10/2512006

Rodney Shaw

P2119

2474

24739

7590

0511012010

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076

EXAMINER ROZ,MARK ART UNIT

PAPER NUMBER

2624

NOTIFICATION DATE

DELIVERY MODE

05/10/2010

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 addressees): officeactions@CENTRALCOASTPAlENT.COM plambuth@centralcoastpatent.com

PTOL-90A (Rev. 04/07)


Interview Summary

Application No.

Applicant(s)

11/552,666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

All participants (applicant, applicant's representative, PTO personnel): (1) MARK ROZ.

(3)_ _ .

(2) BOYS, DONALD, 35074 (AGENT).

(4)_ _ .

Date of Interview: 07 April 2010. Type: a)[8J Telephonic b)O Video Conference c)O Personal [copy given to: 1)0 applicant Exhibit shown or demonstration conducted: If Yes, brief description: _ _ . Claim(s) discussed:

d)O Yes

2)0 applicant's representative] e)[8J No.

L

Identification of prior art discussed: Photoshop. Agreement with respect to the claims

f)0 was reached.

g)O was not reached. h)[8J N/A.

Substance of Interview including description of the general nature of what was agreed to if an agreement was reached, or any other comments: Applicant indicated a forthcoming supplementarv amendment, and discussed adding further specifics regarding the image adjustment function, in the independent claim. If the new amendment is received prior to examination of the currentlv pending amendment, the claim changes will be considered as part of examination. . (A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims allowable is available, a summary thereof must be attached.) THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW. (See MPEP Section 713.04). If a reply to the last Office action has already been filed, APPLICANT IS GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS INTERVIEW DATE, OR THE MAILINGDATEOFTHIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview requirements on reverse side or on attached sheet.

lWes Tuckerl Primary Examiner, Art Unit 2624

IMark Rozl 05103/2010

I

U.S. Patent and Trademark Office

PTOL-413 (Rev. 04-03)

Interview Summary

PaperNo. 20100503


Summary of Record of Interview Requirements Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the application whether or not an agreement with the examiner was reached at the interview. Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews Paragraph (b) In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)

37 CFR §1.2 Business to be transacted in writing. All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.

The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself incomplete through the failure to record the substance of interviews. It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless the examiner indicates he or she will do so. It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies which bear directly on the question of patentability. Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required. The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the "Contents" section of the file wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the conclusion of the interview. In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication. The Form provides for recordation of the following information: Application Number (Series Code and Serial Number) Name of applicant Name of examiner Date of interview Type of interview (telephonic, video-conference, or personal) Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.) An indication whether or not an exhibit was shown or a demonstration conducted An identification of the specific prior art discussed An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does not restrict further action by the examiner to the contrary. The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action) It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the substance of the interview. A complete and proper recordation of the substance of any interview should include at least the following applicable items: 1) A brief description of the nature of any exhibit shown or any demonstration conducted, 2) an identification of the claims discussed, 3) an identification of the specific prior art discussed, 4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the Interview Summary Form completed by the Examiner, 5) a brief identification of the general thrust of the principal arguments presented to the examiner, (The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully describe those arguments which he or she feels were or might be persuasive to the examiner.) 6) a general indication of any other pertinent matters discussed, and 7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by the examiner. Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is not complete and accurate, the examiner will give the applicant an extendable one month time period to correct the record. Examiner to Check for Accuracy If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the paper recording the substance of the interview along with the date and the examiner's initials.


To: From: Cc: Subject:

officeactions@CENTRALCOASTPATENT.COM, plambuth@centralcoastpatent.com, PAIR_eOfficeAction@uspto.gov PAIR_eOfficeAction@uspto.gov Private PAIR Correspondence Notification for Customer Number 24739

May 10, 2010 06:22:36 AM Dear PAIR Customer: CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076 UNITED STATES The following USPTO patent application(s) associated with your Customer Number, 24739 , have new outgoing correspondence. This correspondence is now available for viewing in Private PAIR. The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90 accompanying the correspondence. Disclaimer: The list of documents shown below is provided as a courtesy and is not part of the official file wrapper. The content of the images shown in PAIR is the official record. Application 11552666

Document EXIN

Mailroom Date 05/10/2010

Attorney Docket No. P2119

To view your correspondence online or update your email addresses, please visit us anytime at https:llsportal.uspto.gov/secure/myportal/privatepair. If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov with 'e-Office Action' on the subject line or call 1-866-217-9197 during the following hours: Monday - Friday 6:00 a.m. to 12:00 a.m. Thank you for prompt attention to this notice, UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM


83176885513

CENTRAL COAST PATENT

PAGE

Dear Examiner Roz, For our conferen.ce on Monday, May 3, 2010 at 2:30 PM Eastern, if it is possible and not a problem, I would like your primary involved as well. If this is too short notice, we can proceed without. The items I wish to cover are: (1) The mathematical nature of the case. It is imperative i.n examination that the examiner have all understanding of the characteristics of curves plotted all a Cartesian matrix from an equation. (2) Understanding of this case is also based in the way pixels are presented in a digital display from memory. I want to discuss that technology briefly. (3) We need to visit the issue of whether or not the new claims entered are essentially the same patentable invention, or if you might wish to restrict. (4) The new claims entered read on a rejection that you already made in the first action. I did not believe they did, until I reviewed them after filing, and I want to discuss potential amendments to make the claims patentable over the PhotoShop art thus far applied.

Best,

Don Boys 35,074

The documents described in thi~ cover sheet. comprising material transmitted by facsimile on the date indicated, are completely proprietary to CCPA, Inc., and constitlUc communication protected by the Attorney/Client Privilege. NO reproduction or usc by any other than the addressed party is authorized.

PAGE 2J2 t RCVD AT 4/3012010 1: 11:37 PM ~astem Daylight Tlmel' SVR: USPTo.EFXRf-514 ' DNIS:2738300 t CSID:8317688550 *DURATION (mrnoSs):00-52

02/132


I

~~f30/2010

09:08

CENTRAL COAST PATENT

8317688550

RECEIVED

PAGE

OENTRALFAxceNTER APR 3'0 2010 #3 Hangar WEi;, Watsonville, CA 95076 Phone (831) 768路1755 Fax (831) 768-8550 info@centralcoastpatent.c:om

Attn: Examiner Mark Roz Fax: 571-272-3382

April 29, 2010

~13- ~~ClO

Re: Case 11/552,666

Fax Cover ,

Total Including Cover

2 pages

The documents described in this cover sheet, comprising material transmitted by facsimile on the date indicated, are completely proprietary to CCPA, Jne., and constitute communication protected by the Attorney/Client Privilege. NO reproduction or usc by any other than the addressed party is authorlr.ed.

PAGE 112 a RCVD AT 413012010 1: 11 :37 PM [Eastern Daylight Timel t SVR: USPTo.EFXRF-514 t DNIS:2738300 -CSID:8317688550 -DURATION (mm-ss):00-52

01/02


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Art Unit: 2624 Examiner: Mark Roz

InRe: Case: Serial No.: Filed: Subject:

Rodney Shaw P2119 111552,666 1012512006 Apparatus and Methods for Enhancing Digital Images

Commissioner for Patent PO Box 1450 Alexandria, VA 22313-1450

Dear Sir:

Response A


-2-

In the claims: All of the claims standing for examination are presented below with appropriate status indication.

1-22. (Cancelled)

23. (New) A method for producing an altered digital image from an original digital image, comprising the steps of: (a) selecting an image wherein pixel values for image attributes range from zero to a maximum value, as an original image to be enhanced; (b) normalizing original pixel values for the original image to values between 0 and 1 inclusive over the range of pixel values; (c) recalculating new normalized pixel values for the altered image using an equation of the general form po = fiPi, C), where po is a new normalized output pixel value for the altered image, generated by the equation from Pi, which is an original normalized pixel value at the same image location, and C, which is a constant which remains the same for generating normalized pixel values for the altered image; (d) generating new pixel values for the altered image from the output normalized pixel values.

24. (New) The method of claim 23 wherein the altered image is displayed to a user for approval or disapproval.

25. (New) The method of claim 24 wherein successive altered images are created and displayed to the user depending on user approval or disapproval, and wherein values for the constant C are changed in a preprogrammed incremental fashion to produce the successive altered images.


-326. (New) The method of claim 25 wherein the user signals a final approval for the altered image in the first attribute.

27. (New) The method of claim 26 wherein the image attribute is brightness.

28. (New) The method of claim 27 wherein the image attribute is changed from brightness to contrast after the user approval, and the method is repeated until the user signals a final approval for contrast.

29. (New) The method of claim 28 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.

30. (New) A system for enhancing a digital image, comprising: software executing on a computerized appliance from a computer-readable physical medium; and input apparatus coupled to the computerized appliance and operable by a user; wherein the user selects an image wherein pixel values for image attributes range from zero to a maximum value, as an original image to be enhanced, the software normalizes original pixel values for the original image to values between 0 and 1 inclusive over the range of pixel values, recalculates new normalized pixel values for the altered image using an equation of the general form po = fiPi, C), where po is a new normalized output pixel value for the altered image, generated by the equation from Pi, which is an original normalized pixel value at the same image location, and C, which is a constant which remains the same for generating normalized pixel values for the altered image, and generates new pixel values for the altered image from the output normalized pixel values.


-431. (New) The system of claim 30 wherein the altered image is displayed to a user for approval or disapproval.

32. (New) The system of claim 31 wherein successive altered images are created and displayed to the user depending on user approval or disapproval, and wherein values for the constant C are changed in a preprogrammed incremental fashion to produce the successive altered images.

33. (New) The system of claim 32 wherein the user signals a final approval for the altered image in the first attribute.

34. (New) The system of claim 33 wherein the image attribute is brightness.

35. (New) The system of claim 34 wherein the image attribute is changed from brightness to contrast after the user approval, and the method is repeated until the user signals a final approval for contrast.

36. (New) The system of claim 35 wherein the image attribute is changed to color after user approval for contrast, and the method is repeated until the user signals approval for color.


-5-

Remarks The present Response is to the Office Action mailed 12/0712009. Claims 1-22 are standing for examination.

From the action:

Claim Rejections - 35 USC ยง 112 The following is a quotation of the second paragraph of 35 U.S.C. 112: 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.

Claims 2, 7,8, 13, 18, 19 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 2, 13 recite the limitation "changing value for a constant in the function". It is not clearly understood what this means. For the purposes of examination, the

limitation is read as "changing value by a constant amount". Claims 7, 8, 18, 19 recite the limitation "repeating steps (b) through (e)". There is insufficient antecedent basis for this limitation in the claim, because none of the parent claims of said claims contain the step "( e)". For the purposes of examination, the limitation is understood as "repeating steps (b) through (d)".

Applicant's response:

Applicant believes the examiner has misunderstood the claim language. The examiner states: Claims 2, 13 recite the limitation "changing value for a constant in the

function". It is not clearly understood what this means. For the purposes of examination, the limitation is read as "changing value by a constant amount". The applicant is sure that the phrase "changing value for a constant in the

function" cannot be easily misunderstood by anyone with skill in the mathematical arts.


-6A function in mathematics is an equation comprising variables and constants. Take for example the equation (function) y = x(x+C). In this equation x and yare variables, and C is a constant. Assume C is 2. Then by varying x one finds the concomitant value of y. For x=l, y=3; for x=2, y=8; and so forth, while the constant C remains the same. The variable y does not change by a constant amount, but by an amount controlled by the value ofC. Accordingly the applicant is concerned, and urges that the examiner and his supervisor seek aid from a mathematician, if needed, in examining the claims.

From the action:

Claim Rejections - 35 USC ยง 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.

Claims 1-9, 12-20 are rejected under 35 U.S.C. 102(b) as being anticipated by Photoshop (Ben Willmore, Adobe Photoshop CS Studio Techniques, pub February 2004, Adobe Press).

As for claim 1, Photoshop teaches: A method for enhancing a digital image, comprising steps of: (a) selecting an image as an original image to be enhanced (Photoshop, Variations, displays initial unchanged image);

(b) creating by a pixel mapping procedure at least two images altered from the original image in a first image attribute, each of the altered images differing in the first image attribute (Photoshop, Variations, teaches creating an image with greater and lesser brightness, i.e. "first attribute");


-7(c) displaying the altered images to a user (Photoshop, Variations, displays above images); and (d) selecting by the user one of the images displayed as preferable to the other images displayed (Photoshop, Variations, allows user to select one of variations)

As for claim 12, Photoshop teaches: A system for enhancing a digital image, comprising: a software suite executing on a computerized appliance including a display (Photoshop) ; an input apparatus coupled to the computerized appliance and operable by a user (Photoshop); wherein an image is selected as an original image to be enhanced (see claim 1), the software creates by a pixel mapping procedure at least two images altered from the original in a first image attribute, each of the altered images differing in the first image attribute (see claim 1), the altered images are displayed to a user in an interactive display (see claim 1), and the user selects one of the images displayed as preferable to the other images displayed (see claim 1).

Applicant's response: The applicant has cancelled claims 1-22 and entered new claims 23-36 for examination. The motivation for the amendments is primarily the misunderstanding regarding a constant in a function, but the claims have also been made more narrow by addition of further limitations in the broadest claims.

Claim 23 (Independent method) now recites:


-823. (New) A method for producing an altered digital image from an original digital image, comprising the steps of: (a) selecting an image wherein pixel values for image attributes range from zero to a maximum value, as an original image to be enhanced; (b) normalizing original pixel values for the original image to values between 0 and 1 inclusive over the range of pixel values; (c) recalculating new normalized pixel values for the altered image using an equation of the general form po = fiPi, C), where Po is a new normalized output pixel value for the altered image, generated by the equation from pi, which is an original pixel value at the same image location, and C, which is a constant which remains the same for generating normalized pixel values for the altered image, the equation also producing po = Pi at normalized pixels values of either zero or 1, and producing a smooth, continuous curve between zero and 1 in a Cartesian plot; (d) generating new pixel values for the altered image from the output normalized pixel values.

The preamble recites a method for producing an altered digital image from an original digital image. An important purpose is to improve the "quality" of the image to the satisfaction of a user of the method. Most digital images, for anyone or more of a plentitude of reasons, are not of high quality, and quick and effective methods and systems for improving the quality of such images are highly desired. Regarding step (a), an image to be enhanced is selected. Digital images are displayed as a matrix of pixels in which pixel attributes such as brightness, contrast and color are represented generally by values in an allowable range of zero to a maximum value. In an eight-bit computerized system the allowable range for pixel values is from 0 to 255, that is from 0 to 2 8 _1. In a 16-bit system the range is from 0 to 2 16 _1, which is 0 to 65,535. The applicant reasonably wants the system and method to be applicable over different digital constraints, therefore claims from 0 to a maximum.


-9Therefore step (b). A step in the process is to normalize the pixel values in an original image to be enhanced to a value between 0 and the maximum value. If for example the computer system is an eight-bit system a pixel value of zero will still be zero, a pixel value of 255 will be 1, and a pixel value of 200 will be normalized to a value of2001255, or .784 (to a nearest thousandth). The same ratio normalization may be

applied regardless of the pixel value range.

In step (c) new normalized pixel values are created for the altered image using an equation of the general form po = fiPi, C), where Po is a new normalized output pixel value for the altered image, generated by the equation from pi, which is an original pixel value at the same image location, and C, which is a constant which remains the same for generating normalized pixel values for the altered image. The equation also produces po = Pi at normalized pixels values of either zero or 1, and produces a smooth, continuous curve between zero and 1 in a Cartesian plot. See Figs. 2-8 of the applicant's as-filed drawings. It must be understood here that, given a pixel from the original image at a

particular location in the matrix of pixels comprising the image, that pixel will have a value for the image attribute of brightness, another for contrast, and other values for components of color, and perhaps other values for other attributes as well. As an example, consider first brightness. The equation is used to calculate a new normalized value for brightness for the pixel at that same location for the altered image. The equation is also used to calculate a new normalized value for brightness for other pixels from the original image. It does not matter whether all of the original pixel values are normalized, and then recalculated using the equation, or whether each input value is normalized and then recalculated in some order of pixels, as long as the necessary normalized output values are determined. Step (d) recites generating new pixel values for the altered image from the output normalized pixel values. For example, if an output normalized pixel value is .5, and the digital constraint is an eight-bit system, the new pixel value for the attribute in the altered image will be .5(255) or 128 to the nearest whole number.


- 10 -

In the method normalized input values are from 0 to 1 and normalized output values also vary from 0 to 1. For input 0 output is O. For input 1 output is 1. New claim 30 recites a system constrained by the same limitations of method claim 23. The applicant believes patentability of new claims 23 and 30 hinges on whether or not the prior art at the time of filing the present application produced an altered image in the manner claimed, by employing an equation (function) as recited in claims 23 and 30. If that prior art cannot be found, and the applicant believes there is no such prior art, and that the Photoshop art thus far applied does not teach the limitations of the independent claims, then claims 23 and 30 are patentable to the applicant, and claims 24 through 29 and 31-36 are patentable at least as depended from a patentable claim.

Further from the action: As for claims 2, 13, Photoshop teaches the pixel mapping procedure applies a continuous function relating original pixel value for an attribute to an altered pixel value (Photoshop, Variations, incrementally changes brightness, i.e. "applies continuous function"), and differing altered images are created by changing value for a constant in the function between mapping procedures (Photoshop, Variations, applies a fixed amount of change at each iteration, based on Fine/Coarse slider selection, thereby changes brightness by a constant value).

As for claims 3,14, Photoshop teaches the values for the constant are changed in a preprogrammed incremental fashion (Photoshop, Variation, changes values incrementally, based on Fine/Coarse slider, which is part of the software program).

As for claims 4, 15, Photoshop teaches the first image attribute is one of brightness, contrast, or color (see claim 1)


- 11 -

As for claims 5, 16, Photoshop teaches a further step: (e) treating the preferred image from step (d) as a new original, repeating steps (b) through (d) to produce a new preferred image (Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection).

As for claims 6, 17, Photoshop teaches all of the pixels of the original image are mapped (Photoshop, Variations, converts the entire initial image).

As for claims 7, 18, Photoshop teaches steps (b) through (e) are repeated (see claim 5)

As for claims 8, 19, Photoshop teaches in step (b) after step (e) a second image attribute is selected by the software, and all altered images are altered in the second image attribute (Photoshop, Variations, displays color variations of the image on the scale Cyan-Red; as brightness is altered, the image in the color variations display are correspondingly altered, i.e. "images are altered in the second image attribute").

As for claims 9, 20, Photoshop teaches in step (b) after step (e) a third image attribute is selected by the software, and all altered images are altered in the third image attribute (Photoshop, Variations, analogously alters images on the Magenta-Green scale, i.e. "third attribute")

Claim Rejections - 35 USC ยง 103 The following is a quotation of35 U.S.C. 1 03(a) which forms the basis for all obviousness rejections set forth in this Office action:


- 12 (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

Claims 10, 11,21,22 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over Photoshop.

As for claims 10,21, Photoshop does not teach selecting a second image attribute in step (b) is triggered by the user selecting an unchanged image as the preferred image Photoshop, however, displays corresponding variations in color scales, when the user selects an altered image in the brightness scale. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to display variations in color, when an unchanged image in brightness is selected. Applicant has not disclosed that doing so provides an advantage, is used for a particular purpose or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant's invention to perform equally well with the altered image selection because it allows the user to evaluate variations in color in the same manner. Therefore, it would have been obvious to combine to one of ordinary skill in this art to modify Photoshop with unchanged image selection to trigger variations of color to obtain the invention as specified in said claims.

As for claims 11,22, Photoshop teaches the first image attribute is brightness, [the second image attribute is contrast] and the third image attribute is color (Photoshop, Variations, teaches altering brightness, and color)


- 13 -

While Photoshop doesn't teach altering image contrast in the Variations user interface, Photoshop "Image Adjustments, Brightness/Contrast" teaches altering the image brightness and contrast. It would have been obvious for one of ordinary skill in the art at the time of the

invention, to modify Photoshop Variations with Photoshop Brightness/Contrast Adjustment, as both pertain to the same Photoshop application. One of ordinary skill in the art would have been motivated to perform such modification, in order to allow the user to adjust the image contrast in the user-friendly manner, analogously to brightness adjustment.

Applicant's response: Applicant has shown that new claims 23 and 30 are patentable over the art cited and applied thus far, so claims 24 through 29 and 31-36 are patentable at least as depended from a patentable claim.


- 14 -

Summary

As all of the claims, as newly entered and argued above, have been shown to be patentable over the art thus far presented by the Examiner, applicant respectfully requests reconsideration and the case be passed quickly to issue. If any fees are due beyond fees paid with this amendment, authorization is made to deduct those fees from deposit account 50-0534. If any time extension is needed beyond any extension requested with this amendment, such extension is hereby requested.

Respectfully submitted, Rodney Shaw By /:Donald [il. 9Jcup/ Donald R. Boys Reg. No. 35,074

Central Coast Patent Agency 3 Hangar Way, Suite D Watsonville CA 95076 (831) 768-1755


Electronic Patent Application Fee Transmittal Application Number:

11552666

Filing Date:

25-0ct-2006

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Filer:

Donald Rex Boys/Sheri Beasley

Attorney Docket Number:

P2119

Filed as Small Entity

Utility under 35 USC 111 (a) Filing Fees Description

Fee Code

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2251

1

65

65

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Pages:

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Miscellaneous-Filing:

Petition:

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Post-Allowance-and-Post-Issuance:

Extension-of-Time: Extension - 1 month with $0 paid


Description

Fee Code

Quantity

Amount

Sub-Total in USD($)

Miscellaneous:

Total in USD ($)

65


Electronic Acknowledgement Receipt EFSID:

7366466

Application Number:

11552666

International Application Number: Confirmation Number:

2474

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Customer Number:

24739

Filer:

Donald Rex Boys/Sheri Beasley

Filer Authorized By:

Donald Rex Boys

Attorney Docket Number:

P2119

Receipt Date:

07-APR-2010

Filing Date:

25-0CT-2006

TimeStamp:

12:10:41 Utility under 35 USC 111 (a)

Application Type:

Payment information: yes

Submitted with Payment Payment Type

Deposit Account

Payment was successfully received in RAM

$65

RAM confirmation Number

8099

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500534

Authorized User

File Listing: Document Number

I

Document Description

I

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This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New A~~lications Under 35 U.S.c. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International A~~lication under 35 U.S.c. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.c. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.c. 371 will be issued in addition to the Filing Receipt, in due course. New International A~~lication Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number and of the International Filing Date (Form PCT/RO/l 05) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application.


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PETITION FOR EXTENSION OF TIME UNDER 37 CFR 1.136(a) FY 2009

Docket Number (Optional)

P2119

(Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818}.)

Filed 10/25/2006

Application Number 11/552,666 For

Rodney Shaw Examiner Mark Roz

Art Unit 2624

This is a request under the provisions of 37 CFR 1.136(a) to extend the period for filing a reply in the above identified application. The requested extension and fee are as follows (check time period desired and enter the appropriate fee below): Fee

Small Entity Fee

$ 65.00

0

One month (37 CFR 1.17(a)(1))

$130

$65

D

Two months (37 CFR 1.17(a)(2))

$490

$245

$

D

Three months (37 CFR 1.17(a)(3))

$1110

$555

$

D

Four months (37 CFR 1.17(a)(4))

$1730

$865

$

D

Five months (37 CFR 1.17(a)(5))

$2350

$1175

$

[2]

Applicant claims small entity status. See 37 CFR 1.27.

D

A check in the amount of the fee is enclosed.

D

Payment by credit card. Form PTO-2038 is attached.

D

The Director has already been authorized to charge fees in this application to a Deposit Account.

[a

The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to Deposit Accou nt N umber --=5:....:0_-0.:...;5.:...;3=--4=----_ _ _ _ _-----' WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card information and authorization on PTO-2038.

I am the

D

applicant/inventor.

D

assignee of record of the entire interest. See 37 CFR 3.71. Statement under 37 CFR 3.73(b) is enclosed (Form PTO/SB/96).

o

attorney or agent of record. Registration Number _3_5_,0_7_4_ _ _ _ _ __

D

attorney or agent under 37 CFR 1.34. Registration number if acting under 37 CFR 1.34 _ _ _ _ _ _ _ __

04/07/2010

/Donald R. Boys/ Signature

Date

Donald R. Boys

831-768-1755 Typed or printed name

Telephone Number

NOTE: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required. Submit multiple forms if more than one signature is required, see below.

D

Totalof

forms are submitted.

This collection of mformatlon IS required by 37 CFR 1.136(a). The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 6 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


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PATENT APPLICATION FEE DETERMINATION RECORD

Application or Docket Number

Filing Date

11/552,666

10/25/2006

Substitute for Form PTO-875

APPLICATION AS FILED - PART I

OTHER THAN

IZI

(Column 1)

(Column 2)

FOR

NUMBER FILED

NUMBER EXTRA

RATE ($)

D

BASIC FEE (37 CFR 1.16(a), (b), or (e))

N/A

N/A

N/A

N/A

D

SEARCH FEE (37 CFR 1.16(k), (i), or (m))

N/A

N/A

N/A

N/A

D

EXAMINATION FEE (37 CFR 1.16(0), (p), or (q))

N/A

N/A

N/A

N/A

TOTAL CLAIMS (37 CFR 1.16(i))

minus 20 =

INDEPENDENT CLAIMS (37 CFR 1.16(h))

minus 3 =

DAPPLICATION SIZE FEE (37 CFR 1.16(s))

D To be Mailed

. .

SMALL ENTITY

X $

=

X $

=

OR

FEE ($)

SMALL ENTITY RATE ($)

OR

X $

=

X $

=

FEE ($)

If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41 (a)(1)(G) and 37 CFR 1.16(s).

D MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16U)) • If the difference in column 1 is less than zero, enter "0" in column 2.

TOTAL

TOTAL

APPLICATION AS AMENDED - PART II OTHER THAN

IZ W ~

0 Z W

04/07/2010 Total

(37 CFR

1.16(1))

Independent 37 CFR 1.16 hll

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

SMALL ENTITY

RATE ($)

ADDITIONAL FEE ($)

~

0 Z W

(37 CFR

1.161111

Independent (37 CFR 1.16(h))

•• 22

=

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X $26 =

0

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X $

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•2

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***2

=

0

X $110 =

0

OR

X $

=

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

· ·

Minus Minus

.. ...

0

RATE ($)

OR

ADDITIONAL FEE ($)

TOTAL ADD'L FEE

RATE ($)

=

X $

=

OR

X $

=

=

X $

=

OR

X $

=

D Application Size Fee (37 CFR 1.16(s)) « D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) column 1 is less than the entry in column 2, write "0" in column 3.

ADDITIONAL FEE ($)

OR TOTAL ADD'L FEE

•• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".

ADDITIONAL FEE ($)

OR

~

* If the entry in

RATE ($)

Minus

TOTAL ADD'L FEE

Total

SMALL ENTITY

• 14

~ « D Application Size Fee (37 CFR 1.16(s)) D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))

IZ W

OR

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Legal Instrument Examiner: IMONICA HARRISI

••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of mformatlon IS required by 37 CFR 1.16. The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


PTO/SB/06 (07-06) Approved for use through 1/31/2007. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

PATENT APPLICATION FEE DETERMINATION RECORD

Application or Docket Number

Filing Date

11/552,666

10/25/2006

Substitute for Form PTO-875

APPLICATION AS FILED - PART I

OTHER THAN

IZI

(Column 1)

(Column 2)

FOR

NUMBER FILED

NUMBER EXTRA

RATE ($)

D

BASIC FEE (37 CFR 1.16(a), (b), or (e))

N/A

N/A

N/A

N/A

D

SEARCH FEE (37 CFR 1.16(k), (i), or (m))

N/A

N/A

N/A

N/A

D

EXAMINATION FEE (37 CFR 1.16(0), (p), or (q))

N/A

N/A

N/A

N/A

TOTAL CLAIMS (37 CFR 1.16(i))

minus 20 =

INDEPENDENT CLAIMS (37 CFR 1.16(h))

minus 3 =

DAPPLICATION SIZE FEE (37 CFR 1.16(s))

D To be Mailed

. .

SMALL ENTITY

X $

=

X $

=

OR

FEE ($)

SMALL ENTITY RATE ($)

OR

X $

=

X $

=

FEE ($)

If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41 (a)(1)(G) and 37 CFR 1.16(s).

D MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16U)) • If the difference in column 1 is less than zero, enter "0" in column 2.

TOTAL

TOTAL

APPLICATION AS AMENDED - PART II OTHER THAN

IZ W ~

0 Z W

04/07/2010 Total

(37 CFR

1.16(1))

Independent 37 CFR 1.16 hll

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

SMALL ENTITY

RATE ($)

ADDITIONAL FEE ($)

~

0 Z W

(37 CFR

1.161111

Independent (37 CFR 1.16(h))

•• 22

=

0

X $26 =

0

OR

X $

=

•2

Minus

***2

=

0

X $110 =

0

OR

X $

=

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

· ·

Minus Minus

.. ...

0

RATE ($)

OR

ADDITIONAL FEE ($)

TOTAL ADD'L FEE

RATE ($)

=

X $

=

OR

X $

=

=

X $

=

OR

X $

=

D Application Size Fee (37 CFR 1.16(s)) « D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) column 1 is less than the entry in column 2, write "0" in column 3.

ADDITIONAL FEE ($)

OR TOTAL ADD'L FEE

•• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".

ADDITIONAL FEE ($)

OR

~

* If the entry in

RATE ($)

Minus

TOTAL ADD'L FEE

Total

SMALL ENTITY

• 14

~ « D Application Size Fee (37 CFR 1.16(s)) D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))

IZ W

OR

OR

TOTAL ADD'L FEE

Legal Instrument Examiner: IMONICA HARRISI

••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. This collection of mformatlon IS required by 37 CFR 1.16. The mformatlon IS required to obtam or retam a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


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II. I ••• 1.1. II ••• I ... I. II .... II. I Courtesy Reminder for Application Serial No: 11/552,666

Attorney Docket No: P2119 Customer Number: 24739 Date of Electronic Notification: 12/07/2009 This is a courtesy reminder that new correspondence is available for this application. The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90 accompanying the correspondence. An email notification regarding the correspondence was sent to the following email address(es) associated with your customer number: officeactions@CENTRALCOASTPATENT.COM plambuth@centralcoastpatent.com

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UNITED STAlES PAlENT 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.

111552,666

10/2512006

Rodney Shaw

P2119

2474

24739

7590

1210712009

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076

EXAMINER ROZ,MARK ART UNIT

PAPER NUMBER

2624

NOTIFICATION DATE

DELIVERY MODE

12/07/2009

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 addressees): officeactions@CENTRALCOASTPAlENT.COM plambuth@centralcoastpatent.com

PTOL-90A (Rev. 04/07)


Application No.

Applicant(s)

11/552,666

Office Action Summary

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --

Period for Reply A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ~ MONTH(S) OR THIRTY (30) DAYS, WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. - Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, maya reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. - If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. - Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. ยง 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status 1)1ZI Responsive to communication(s) filed on 25 October 2006. 2a)0 This action is FINAL.

2b)1ZI This action is non-final.

3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quay/e, 1935 CD. 11, 453 O.G. 213. Disposition of Claims 4)1ZI Claim(s) 1-22 is/are pending in the application. 4a) Of the above claim(s) _ _ is/are withdrawn from consideration. 5)0 Claim(s) _ _ is/are allowed. 6)1ZI Claim(s) 1-22 is/are rejected. 7)0 Claim(s) _ _ is/are objected to. 8)0 Claim(s) _ _ are subject to restriction and/or election requirement. Application Papers 9)0 The specification is objected to by the Examiner. 10)1ZI The drawing(s) filed on 25 October 2006 is/are: a)1ZI accepted or b)O objected to by the Examiner. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).

11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. Priority under 35 U.S.C. ยง 119 12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. ยง 119(a)-(d) or (f). a)O All

b)O Some * c)O None of:

1.0 Certified copies of the priority documents have been received. 2.0 Certified copies of the priority documents have been received in Application No. _ _ . 3.0 Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau (PCT Rule 17.2(a)). * See the attached detailed Office action for a list of the certified copies not received.

Attachment(s) 1) 2) 3)

IZI Notice of References Cited (PTO-892) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) 0 Information Disclosure Statement(s) (PTO/SS/08) Paper No(s)/Mail Date _ _ .

4)

0

5) 6)

0 0

Interview Summary (PTO-413) Paper No(s)/Mail Date. _ _ . Notice of Informal Patent Application Other: _ _ .

U.s. Patent and Trademark Office

PTOL-326 (Rev. 08-06)

Office Action Summary

Part of Paper No.lMail Date 20091201


Application/Control Number: 11/552,666

Page 2

Art Unit: 2624 DETAILED ACTION

1.

Claims 1-22 are pending in the application.

Claim Rejections - 35 USC ยง 112

The following is a quotation of the second paragraph of 35 U.S.C. 112: 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.

Claims 2,7,8,13,18,19 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 2,13 recite the limitation "changing value for a constant in the function". It is not clearly understood what this means. For the purposes of examination, the limitation is read as "changing value by a constant amount". Claims 7,8,18,19 recite the limitation "repeating steps (b) through (e)". There is insufficient antecedent basis for this limitation in the claim, Because none of the parent claims of said claims contain the step "(e)". For the purposes of examination, the limitation is understood as "repeating steps (b) through (d)".

Claim Rejections - 35 USC ยง 102

The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.


Application/Control Number: 11/552,666

Page 3

Art Unit: 2624

Claims 1-9, 12-20 are rejected under 35 U .S.C. 102(b) as being anticipated by Photoshop (Ben Willmore, Adobe Photoshop CS Studio Techniques, pub February 2004, Adobe Press).

As for claim 1, Photoshop teaches A method for enhancing a digital image, comprising steps of: (a) selecting an image as an original image to be enhanced (Photoshop, Variations, displays initial unchanged image); (b) creating by a pixel mapping procedure at least two images altered from the original image in a first image attribute, each of the altered images differing in the first image attribute (Photoshop, Variations, teaches creating an image with greater and lesser brightness, i.e. "first attribute"); (c) displaying the altered images to a user (Photoshop, Variations, displays above images); and (d) selecting by the user one of the images displayed as preferable to the other images displayed (Photoshop, Variations, allows user to select one of variations)

As for claim 12, Photoshop teaches A system for enhancing a digital image, comprising: a software suite executing on a computerized appliance including a display (Photoshop) ;


Application/Control Number: 11/552,666

Page 4

Art Unit: 2624 and input apparatus coupled to the computerized appliance and operable by a user (Photoshop); wherein an image is selected as an original image to be enhanced (see claim 1), the software creates by a pixel mapping procedure at least two images altered from the original in a first image attribute, each of the altered images differing in the first image attribute (see claim 1), the altered images are displayed to a user in an interactive display (see claim 1), and the user selects one of the images displayed as preferable to the other images displayed (see claim 1).

As for claims 2,13, Photoshop teaches the pixel mapping procedure applies a continuous function relating original pixel value for an attribute to an altered pixel value (Photoshop, Variations, incrementally changes brightness, i.e. "applies continuous function"), and differing altered images are created by changing value for a constant in the function between mapping procedures (Photoshop, Variations, applies a fixed amount of change at each iteration, based on Fine/Coarse slider selection, thereby changes brightness by a constant value).

As for claims 3,14, Photoshop teaches


Application/Control Number: 11/552,666

Page 5

Art Unit: 2624 the values for the constant are changed in a preprogrammed incremental fashion (Photoshop, Variation, changes values incrementally, based on Fine/Coarse slider, which is part of the software program).

As for claims 4,15, Photoshop teaches the first image attribute is one of brightness, contrast, or color (see claim 1)

As for claims 5,16, Photoshop teaches a further step: (e) treating the preferred image from step (d) as a new original, repeating steps (b) through (d) to produce a new preferred image (Photoshop, Variations, user selects the brighter or darker version, replaces "current image" with the new selection).

As for claims 6, 17, Photoshop teaches all of the pixels of the original image are mapped (Photoshop, Variations, converts the entire initial image).

As for claims 7, 18, Photoshop teaches steps (b) through (e) are repeated (see claim 5)

As for claims 8, 19, Photoshop teaches


Application/Control Number: 11/552,666

Page 6

Art Unit: 2624 in step (b) after step (e) a second image attribute is selected by the software, and all altered images are altered in the second image attribute (Photoshop, Variations,

displays color variations of the image on the scale Cyan-Red; as brightness is altered, the image in the color variations display are correspondingly altered, i.e. "images are altered in the second image attribute").

As for claims 9, 20, Photoshop teaches in step (b) after step (e) a third image attribute is selected by the software, and all altered images are altered in the third image attribute (Photoshop, Variations,

analogously alters images on the Magenta-Green scale, i.e. "third attribute")

Claim Rejections - 35 USC ยง 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

Claims 10,11,21,22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Photoshop.

As for claims 10,21, Photoshop does not teach


Application/Control Number: 11/552,666

Page 7

Art Unit: 2624 selecting a second image attribute in step (b) is triggered by the user selecting an unchanged image as the preferred image

Photoshop, however, displays corresponding variations in color scales, when the user selects an altered image in the brightness scale. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to display variations in color, when an unchanged image in brightness is selected. Applicant has not disclosed that doing so provides an advantage, is used for a particular purpose or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant's invention to perform equally well with the altered image selection because it allows the user to evaluate variations in color in the same manner. Therefore, it would have been obvious to combine to one of ordinary skill in this art to modify Photoshop with unchanged image selection to trigger variations of color to obtain the invention as specified in said claims.

As for claims 11,22, Photoshop teaches the first image attribute is brightness, [the second image attribute is contrast] and the third image attribute is color (Photoshop, Variations, teaches altering brightness, and color)

While Photoshop doesn't teach altering image contrast in the Variations user interface, Photoshop "Image Adjustments, Brightness/Contrast" teaches altering the image brightness and contrast.


Application/Control Number: 11/552,666

Page 8

Art Unit: 2624 It would have been obvious for one of ordinary skill in the art at the time of the invention, to modify Photoshop Variations with Photoshop Brightness/Contrast Adjustment, as both pertain to the same Photoshop application. One of ordinary skill in the art would have been motivated to perform such modification, in order to allow the user to adjust the image contrast in the user-friendly manner, analogously to brightness adjustment.

Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Adobe Photoshop CS Help Manual, "Using the Variations command" Adobe Photoshop Release History, Wikipedia

Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK ROZ whose telephone number is (571 )270-3382. The examiner can normally be reached on 9AM-5PM M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Vikkram Bali can be reached on (571 )272-7415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.


Application/Control Number: 11/552,666

Page 9

Art Unit: 2624 Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/Mark Roz/ 12/01/2009

/Wes Tucker/ Primary Examiner, Art Unit 2624


Application/Control No.

Notice of References Cited

11/552,666

Applicant(s)/Patent Under Reexamination SHAW, RODNEY

Examiner

Art Unit

MARKROZ

2624

Page 1 of 1

u.s. PATENT DOCUMENTS

*

Document Number

Date

Country Code-Number-Kind Code

MM-YYYY

A

US-

B

US-

C

US-

D

US-

E

US-

F

US-

G

US-

H

US-

I

US-

J

US-

K

US-

L

US-

M

US-

Name

Classification

FOREIGN PATENT DOCUMENTS

*

Document Number

Date

Country Code-Number-Kind Code

MM-YYYY

Country

Name

Classification

N 0

P Q

R S

T NON-PATENT DOCUMENTS

*

Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)

U

Ben Willmore, Adobe Photoshop CS Studio Techniques, pub February 2004, Adobe Press

V

Adobe Photoshop CS Help Manual, "Using the Variations command"

W

Adobe Photoshop Release History, Wikipedia

X *A copy of this reference IS not bemg furnished with this Office action. (See MPEP ยง 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.

u.s. Patent and Trademark Office PTO-892 (Rev. 01-2001)

Notice of References Cited

Part of Paper No. 20091201


Page 1 of 1

UNIIED 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

BIB DATA SHEET CONFIRMATION NO. 2474 FILING or 371 (c) DATE 10/25/2006

SERIAL NUMBER

11/552,666

CLASS

GROUP ART UNIT

345

2624

ATTORNEY DOCKET NO. P2119

RULE APPLICANTS Rodney Shaw, Aptos, CA;

** CONTINUING DATA ************************* This appln claims benefit of 60/735,053 11/08/2005

considered /MR/

** FOREIGN APPLICATIONS *************************

considered /MR/

** IF REQUIRED, FOREIGN FILING LICENSE GRANTED ** ** SMALL ENTITY ** 11/21/2006 DYes

~No

35 USC t t 9(a-d) conditions met D Yes

~ No

Foreign Priority claimed

Verified and Acknowledged

D

Xlf~;~~~e

IMARK ROZI Examiner's Signature

Initials

STATE OR COUNTRY

SHEETS DRAWINGS

TOTAL CLAIMS

INDEPENDENT CLAIMS

CA

12

22

2

ADDRESS

CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076 UNITED STATES TITLE

Apparatus and Methods for Enhancing Digital Images

FILING FEE RECEIVED 475

BIB (Rev. 05/07).

FEES: Authority has been given in Paper No. to charge/credit DEPOSIT ACCOUNT No. for following:

D

All Fees

D

1.16 Fees (Filing)

D

1.17 Fees (Processing Ext. of time)

D

1.18 Fees (Issue)

D

Other

D

Credit


ProQuest Tech Books: Adobe® Photoshop® CS Studio Techniques

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• Publisher: Adobe Press • Pub. Date: February 11 , 2004 Most Recent Edition • Print ISBN·10: 0-321-21352-1 • Print ISBN·13: 978-0-321-21352-5 • Pages in Print Edition: 720 • Amazon.com® Rating: • Safari User Rating:

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No part of any chapter or book may be reproduced or transmitted in any form by any means without the prior written permission for reprints and excerpts from the publisher of the book or chapter. Redistribution or other use that violates the fair use privilege under U.S. copyright laws (see 17 USC1 07) or that otherwise violates these Terms of Service is strictly prohibited. Violators will be prosecuted to the

Ben Willmore Copyright 漏 2004 by Ben Willmore This Adobe Press book is published by Peachpi!. Press. For information on Adobe Press books, contact.: Peachpit I're&'i 1249 Eighth Street Berkeley, CA 94710 (.510) 52'1~2178 Fax: (510) 524-路2221 http://v.'v{'N.peachpiLcom To report errors, please send a note to errata@peachpit,com Peachpit Press is a division of Pearson Education For the latest on Adobe Press books, go

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Executive Editor: Steve Weiss Acquisitions Editor: Stacey Beheler Development Editor: Susan Brown Zahn Project Editor: Jake McFarland Contributing Editors: Regina Cleveland, Mark Clarkson Technical Editor: Tim Grey Copy Editor: "Ibni Zuccarini Ackley Compositor: Amy Hassos Indexer: Cheryl Lemer Cover Design: Aren Bowen Cover lHustration: Alicia Buelow

Notice of Rights AU rights reserved. No pan of this book may be reproduced or transmitted in any limn by any means, electronic, mechanical, photocopying, recording, or mherwise, without the prior written permission of the publisher. For information on getting pennission for reprints and excerpts, contact permissiom@peachpit.com.

Notice of Liability The infbrmation in this book is distributed on an "As Is" basis, ;vithout warranty. While every precaution has been taken in the preparation of the book, neither the authors nor Peach pit Pre,s shall have any liability- to any person or enol:}' with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in this book or by the computer software and hardware products described in it.

Trademarks Throughout this book tradema:rked names are used. Rather than put a trademark symbol in every occurrence of a trademarked name, we state we are using the names only in ,m edit.orial fashion and to the benefit of the trademark owner, with no intention of infringement of the trademark. Photoshop, iHustrator, (,,,oLive, ImageReady, Acrobat, Streamline, and After Effects are all trademarks of Adobe Systems, Inc. ISBN: 0~321-21352~1 LOC Number: 2003111675

9876543 Printed and bound in the United States of America


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U sing the Variations command

Page 1 of 1

Using the Variations command

The Variations command lets you adjust the color balance, contrast, and saturation of an image by showing you thumbnails of alternatives. This command is most useful for average-key images that don't require precise color adjustments. It does not work on indexed-color images or 16-bit-per-channel images (Photoshop). To use the Variations command: 1.

Choose I mage> Adj ustm ents > Variations. The two thumbnails at the top of the dialog box show the original selection (Original) and the selection with its currently selected adjustments (Current Pick). When you first open the dialog box, these two images are the same. As you make adjustments, the Current Pick image changes to reflect your choices.

2.

Select the Show Clipping option if you want to display a neon preview of areas in the image that will be clipped-converted to pure white or pure black-- by the adjustment. Clipping can result in undesirable color shifts, as distinct colors in the original image are mapped to the same color. Clipping does not occur when you adjust midtones.

Note: Clipped colors are not the same as out-of-gam ut colors. 3. • • 4. 5. • • •

Select what to adjust in the image: Shadows, Midtones, or Highlights to indicate whether you want to adjust the dark, middle, or light areas. Saturation to change the degree of hue in the image. If you exceed the maximum saturation for a color, it may be clipped. Drag the Fine/Coarse slider to determine the amount of each adjustment. Moving the slider one tick mark doubles the adjustment amount. Adjust the color and brightness: To add a color to the image, click the appropriate color thumbnail. To subtract a color, click the thumbnail for its opposite color. (SeeU~jng_J.I:1<:U:::ilJQLB.gktrrj:;~LQQmmj'm<:L(.2hilJil_:;J[j:l.j2U For example, to subtract cyan, click the More Red thumbnail. To adjust brightness, click a thumbnail on the right side of the dialog box. The effects of clicking the thumbnails are cumulative. For example, clicking the More Red thumbnail twice will apply the adjustment twice. Each time you click a thumbnail, the other thumbnails change. The three Current Pick thumbnails always reflect the current choices. You can also save the settings you make in the Variations dialog box for reuse on other images. For more information on saving and loading settings, see Savinq and reapplying settings.

Previous

I

I\Jext

I IQn I

Making Color and Tonal Adjustments> Making QuiCK overall adjustments to an irnage

file:IIC:\Program Files\Adobe\Photoshop CS\Help\L8_20_6.html

11/29/2009


Search Notes

Application/Control No.

Applicant(s)/Patent Under Reexamination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

SEARCHED Class

Subclass

382 382

167 274

Date 12/1/2009 12/1/2009

Examiner MR MR

Date 12/1/2009 12/1/2009 12/1/2009

Examiner MR MR MR

SEARCH NOTES Search Notes see EAST srch inventor srch: Rodney near2 Shaw NPL search: Adobe Acrobat CS, Adobe Acrobat CS2

INTERFERENCE SEARCH Class

I I

IMARK ROZI

Subclass

I I

Date

I I

Examiner

12/1/2009

Examiner.Art Unit 2624

u.s.

Patent and Trademark Office

Part of Paper No. : 20091201


Index of Claims

= D

Application/Control No.

Applicant(s)/Patent Under Reexamination

11552666

SHAW, RODNEY

Examiner

Art Unit

MARK ROZ

2624

Rejected

Cancelled

Allowed

Restricted

N

Non-Elected

A

Appeal

Interference

o

Objected

D

D T.D.

Claims renumbered in the same order as presented by applicant

CLAIM Final

CPA

D

R.1.47

DATE

Original

12/01/2009

1

if

2

if

3

if

4

if

5

if

6

if

7

if

8

if

9

if

10

if

11

if

12

if

13

if

14

if

15

if

16

if

17

if

18

if

19

if

20

if

21

if

22

if

u.s. Patent and Trademark Office

Part of Paper No.: 20091201


Adobe Photoshop release histmy - Wikipedia, the free encyclopedia

Try Beta 1&19 in I create account

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• Main page

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• Featured content • Current events

independent creators Thomas and John Knoll in the summer of 1988. The license to distribute the

• Random article

program was purchased by Adobe Systems in September 1988.

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• Mac as 8.S/8.6/9.0-v6 • Mac as 9.1/9.2-v7

• About Wikipedia

• Mac as

x 10.2110.3-v9 (CS2)

• Community portal

• Mac as

x 10.4/10.S-v11 (CS4) (Current)

• Recent changes

• Windows 9S-vS.S

• Contact Wikipedia • Windows NT 4/98 SE/ME-v7 • Donate to Wikipedia • Windows 2000-v9 (CS2) • Help • Windows XPNista-v11 (CS4) (Current)

• What links here

Version history

[edit]

• Related changes

6

• Upload file

Adobe Photoshop CS

f

• Special pages

.......

j

• Printable version • Permanent link

i\dobe

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http://en.wikipedia.orglwikiiAdobe---'photoshoPJelease_history(1 of8)12l1l2009 2:15:58 PM

First version of Adobe Photoshop


Adobe Photoshop release history - Wikipedia, the free encyclopedia

I II~I EJ Yom;O"

Release

Codo".mo

date ~==r==

Octob r

Moo;"""h

EJ D .o

1988 Adobe

Macintosh

Pholoshop CS4

1990

Macintosh

IFast Eddy

I

June 1 91

Adobe Pholoshop CS3

• Paths

I~==~:~====:~====~

Macintosh

IMerlin

IWindows

IIBrimstone

2.5

1

Extended

Nove 1992

1

IRIX,

Nove

Solaris

1993

Taking Tiger Septe ber Macintosh

Mountain

1994 • Tabbed Palettes

3.0

Windows, Nove ber

• Layers

IRIX, 1994 Solaris i1l • Adjustment Macintosh,

Big Electric

Nove ber

Windows

Cat

1996

4.0

Layers • Actions (macros)

• Editable type (previously, type was rasterized as soon as it was Macintosh,

Strange

Windows

Cargo

5.0

added) May 1 98

• Multiple Undo (History Palette) • Color Management • Magnetic Lasso

http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (2 of8)121112009 2:15:58 PM


Adobe Photoshop release history - Wikipedia, the free encyclopedia

• Bundled with Macintosh,

Febru. ry

Windows

1999

ImageReady

5.5 • Save for Web • Extract

• Vector Shapes • Updated User Interface Macintosh,

Venus in

Septe ber • "Liquify" filter

6.0 Windows

Furs

2000 • Layer styles/ Blending Options dialog

• Made text fully Mac OS

vector

'Classic'/

Uquid Sky

7.0

March tz002

• Healing Brush

MacOSX, • New painting Windows engine

Mac OS 'Classic'/

Augus

MacOSX,

2002

7.0.1

• Camera RAW 1.x (optional plugin)

Windows • Camera RAW 2.x • Highly modified "Slice Tool" • Shadow/Highlight command • Match Color command • Lens Blur filter • Smart Guides

http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (3 of8)121112009 2:15:58 PM


Adobe Photoshop release history - Wikipedia, the free encyclopedia

Real -Time Histogram

• Detection and MacOSX, CS (8.0)

Octob r

refusal to print

2003

scanned images

Dark Matter Windows

of various banknotes

bl

• Macrovision copy protection based on Safecast DRM technology • Scripting support for JavaScript and other languages • Hierarchical layer groups

• Camera RAW 3.x • Smart Objects • Image Warp • Spot healing brush • Red-Eye tool • Lens Correction filter • Smart Sharpen • Smart Guides • Vanishing Point • Better memory management on 64-bit PowerPC

http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (4 of8)121112009 2:15:58 PM


Adobe Photoshop release history - Wikipedia, the free encyclopedia

G5 Macintosh MacOSX, Space CS2 (9.0)

machines April 2 05

Windows Monkey

running Mac OS

2000/ XP X 10.4 • High dynamic range imaging (HDRI) support (32 bit per channel floating point) • More smudging options, such as "Scattering" • Modified layer selection, such as ability to select more than one layer.

• Native support for the Intelbased Macintosh platform and improved support for Windows Vista • Revised user interface • Feature additions to Adobe Camera RAW • Quick Select tool • Alterations to http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (5 of8)121112009 2:15:58 PM


Adobe Photoshop release history - Wikipedia, the free encyclopedia

Curves, Vanishing Point, Channel Mixer, Brightness and Contrast, and the

Universal

Print dialog

CS3, CS3 MacOSX, April 1 ,

Red Pill

• Black-and-white

Extended

Windows

(10.0)

XP SP2 or

conversion

later

adjustment

2007

• Auto Align and Auto Blend • Smart (nondestructive) Filters • Mobile device graphic optimization • Improvements to cloning and healing • More complete

32 bitl HDR support (layers, painting, more filters and adjustments) • Faster launching

http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (6 of8)121112009 2:15:58 PM


Adobe Photoshop release history - Wikipedia, the free encyclopedia

• Smoother panning and zooming and fluid canvas rotation • OpenGL display acceleration in Photoshop • Native support for 64-bit on Windows Vista x64 • Adjustments panel • Auto-blending of images • Masks panel • Improved Adobe Photoshop Lightroom

CS4, CS4 Universal Octob r 15, Extended

MacOSX,

(11.0)

Windows

workflow

Stonehenge 2008

13 • Content-aware scaling • Better raw image processing • Extended depth offield • Dramatically enhanced color correction • Auto-alignment

http://en.wikipedia.org/wikilAdobe---'photoshop_release_history (7 of8)121112009 2:15:58 PM


Adobe Photoshop release histmy - Wikipedia, the free encyclopedia

of layers • New file display options (tabbed document display and n-up views) • New file management and works paces with Adobe Bridge CS4

References

[edit]

1.

A

1999: SUMMARY: Solaris-Adobe Products (a lillie lonlll

2.

A

Photoshop and

3.

A

[hllp:llwww.adobe.com/aboutadobe/pressroom/pressreleaseS/20081 0/1 01508AdobeCS4av~

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I Categories: Adobe Systems

This page was last modified on 22 November 2009 at 03:26. Text is available under the Creative Commons Allribution-ShareAlike License; additional terms may apply. See Terms of Use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Contact us Privacy policy About Wikipedia Disclaimers

http://en.wikipedia.orglwikiiAdobe---'photoshoPJelease_history(8 of8)12I1I2009 2:15:58 PM


To: From: Cc: Subject:

officeactions@CENTRALCOASTPATENT.COM, plambuth@centralcoastpatent.com, PAIR_eOfficeAction@uspto.gov PAIR_eOfficeAction@uspto.gov Private PAIR Correspondence Notification for Customer Number 24739

Dec 07, 2009 05:44:09 AM Dear PAIR Customer: CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA 95076 UNITED STATES The following USPTO patent application(s) associated with your Customer Number, 24739 , have new outgoing correspondence. This correspondence is now available for viewing in Private PAIR. The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90 accompanying the correspondence. Disclaimer: The list of documents shown below is provided as a courtesy and is not part of the official file wrapper. The content of the images shown in PAIR is the official record. Application 11552666

Document CTNF 892

Mailroom Date 12/07/2009 12/07/2009

Attorney Docket No. P2119 P2119

To view your correspondence online or update your email addresses, please visit us anytime at https:llsportal.uspto.gov/secure/myportal/privatepair. If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov with 'e-Office Action' on the subject line or call 1-866-217-9197 during the following hours: Monday - Friday 6:00 a.m. to 12:00 a.m. Thank you for prompt attention to this notice, UNITED STATES PATENT AND TRADEMARK OFFICE PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM


UNITED STATES PATENT AND TR-IDEMARK OFFIGE UNITED STATES DEPART:vIENT OF COMMERCE United States Patent and Trademark Office Add",,, COMMISSIC!I\ER FOR PA'l'1':N'l'S PO Box 14';0 Alexandria, Virginia 22313-1450 wV/w.uspto.gov

APPLICATION NUMBER

FILING OR 371 (c) DATE

FIRST NAMED APPLICANT

ATTY. DOCKET NO.lTITLE

11/552,666

10/25/2006

Rodney Shaw

P2119 CONFIRMATION NO. 2474

24739 CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA95076 Title: Apparatus and Methods for Enhancing Digital Images Publication No. US-2007 -01 04384-A 1 Publication Date: 05/10/2007

NOTICE OF PUBLICATION OF APPLICATION The above-identified application will be electronically published as a patent application publication pursuant to 37 CFR 1.211, et seq. The patent application publication number and publication date are set forth above. The publication may be accessed through the USPTO's publically available Searchable Databases via the Internet at www.uspto.gov. The direct link to access the publication is currently http://www.uspto.gov/patftl. The publication process established by the Office does not provide for mailing a copy of the publication to applicant. A copy of the publication may be obtained from the Office upon payment of the appropriate fee set forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's Office of Public Records. The Office of Public Records can be reached by telephone at (703) 308-9726 or (800) 972-6382, by facsimile at (703) 305-8759, by mail addressed to the United States Patent and Trademark Office, Office of Public Records, Alexandria, VA 22313-1450 or via the Internet. In addition, information on the status of the application, including the mailing date of Office actions and the dates of receipt of correspondence filed in the Office, may also be accessed via the Internet through the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application Information and Retrieval (PAIR) system. The direct link to access this status information is currently http://pair.uspto.gov/.Prior to publication, such status information is confidential and may only be obtained by applicant using the private side of PAIR. Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent Electronic Business Center at 703-305-3028.

Pre-Grant Publication Division, 703-605-4283


UNITED STATES PATENT AND TR-IDEMARK OFFIGE UNITED STATES DEPART:vIENT OF COMMERCE United States Patent and Trademark Office Add",,, COMMISSIC!I\ER FOR PA'l'1':N'l'S PO Box 14';0 Alexandria, Virginia 22313-1450 wV/w.uspto.gov

APPLICATION NUMBER

FILING or 371 (c) DATE

GRP ART UNIT

FIL FEE REC'D

ATTY.DOCKET.NO

11/552,666

10/25/2006

2628

475

P2119

TOT CLAIMS

IND CLAIMS

22

2

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CONFIRMATION NO. 2474 24739 CENTRAL COAST PATENT AGENCY, INC 3 HANGAR WAY SUITE D WATSONVILLE, CA95076

FILING RECEIPT

Date Mailed: 11/22/2006 Receipt is acknowledged of this regular Patent Application. It will be considered in its order and you will be notified as to the results of the examination. Be sure to provide the U.S. APPLICATION NUMBER, FILING DATE, NAME OF APPLICANT, and TITLE OF INVENTION when inquiring about this application. Fees transmitted by check or draft are subject to collection. Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please mail to the Commissioner for Patents P.O. Box 1450 Alexandria Va 22313-1450. Please provide a copy of this Filing Receipt with the changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections (if appropriate). Appl icant( s) Rodney Shaw, Aptos, CA; Power of Attorney: The patent practitioners associated with Customer Number 24739 Domestic Priority data as claimed by applicant This appln claims benefit of 60/735,053 11/08/2005 Foreign Applications

If Required, Foreign Filing License Granted: 11/21/2006 The country code and number of your priority application, to be used for filing abroad under the Paris Convention, is

US11/552,666 Projected Publication Date: 05/10/2007 Non-Publication Request: No Early Publication Request: No ** SMALL ENTITY **

Title Apparatus and Methods for Enhancing Digital Images Preliminary Class 345


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APPARATUS AND METHODS FOR ENHANCING DIGITAL IMAGES by inventor Rodney Shaw

5

BACKGROUND OF THE INVENTION

1. Field of the Invention

The present invention is in the area of digital imaging, and pertains more 10

particularly to apparatus and methods for enhancing and improving digital images, in particular by unskilled consumers.

1. Discussion of the State of the Art.

15

Typically the visual enhancement of digital images is performed using software packages that involve a variety of photo-editing techniques and algorithms. These may involve the user in procedures such as defining the values of a set of control parameters, moving variable sliders, manipulating adjustable-curves, or pressing 'try-this' buttons that incorporate specialist algorithms. All these may work to a greater or lesser extent,

20

but by virtue of their user- and/or their computational- complexity, they remain largely the province of the professional or advanced and experienced user, and beyond the technical capabilities of the greater proportion of potential users. An additional drawback is implicit in the menu-driven approach to most photoediting and enhancement software tool-sets. In fact both the statistical image-quality

25

attributes, and hence their physical surrogates within the image pixel-parameters, are generally each interconnected to each other, since they are neither independent nor commutable. Thus both the magnitude of the image-manipulation due to the adjustment of a particular parameter, and the order in which it is applied to the digital image, is generally of unspecified hierarchal importance: each adjustment may partially undo the


-2effects of one or more previous adjustments. Therefore, in general only a skilled operator with experience can establish comprehensive image-enhancement recipes minimizing such interacting problems, such recipes typically being based on experimentation with many digital images. 5

A further complication in many existing image enhancement methodologies arises from an attempt to provide global algorithms, either to embed in the hardware of acquisition devices or to incorporate in user software. The demands made on these algorithms, simultaneously adjusting all or many of the basic image-quality parameters, are such that they typically operate only conditionally on pixels, where these conditions

10

are determined by various collective attributes of defined sets of other local pixels. All such conditional pixel operations themselves inevitably introduce their own image signature to the enhanced image, and this signature often shows in the form of new and undesirable image-quality defects introduced by the algorithms themselves. Some of the more obvious of these defects manifest themselves as image-contouring, haloes,

15

pronounced 'ringing' and dark-lines at boundaries of image detail, post-enhancement local color-misbalances, the presence of image-regions of excessive noise, and so on. User attempts to optimize the visual image-quality may thus call for a delicate balancing act between enhancing natural image-quality parameters and the simultaneous introduction of new and unintended but inevitable image defects.

20

On the other hand, the number of consumer digital images existing for example from digital cameras and cell-phones, photo-scanners and the web, continues to proliferate at a very high, and increasing rate, and a majority of these images could readily be enhanced to the user's benefit and satisfaction, if a truly user-friendly enhancement methodology were readily available, which does not suffer from the

25

drawbacks described above. While there seems to be considerable content in the art concerning photo-editing techniques and algorithms, covering but not limited to brightness and darkness variations, tone and contrast adjustments, and the balance of the image color-components, and while these techniques and algorithms may involve a host of manipulations on the


-3basic constituents of the digital image (for example, the pixel-histogram, its extent, distribution and other statistics, and the relative color components of the pixels), there is art known to the present inventor concerning a methodology whereby users are presented with a choice of automatically-selected enhancements to their pictures; wherein a first 5

choice may lead naturally to a next best choice, and so on; and where a short series of such choices may lead rapidly to a picture optimized for image quality according to the personal visual preferences and criteria of the user. One reason for the many difficulties described concerns complexity of components defining image quality and their statistical representation in pixel-array

10

properties, and the very large number of combinations of these components. For each image, with its own peculiarities of scene composition and lighting, digital-acquisition devices must in effect make a technical estimate of the combination of those imagequality properties and combinations most likely to satisfy the user. Likewise, after-thefact software packages typically make implicit assumptions of these same properties, and

15

then present a system of controls whereby the user may attempt to obtain simultaneous preferential values of all these properties. A quantitative estimation of the scale of the problem described above can be established as follows. If one considers quite basic image-quality variables of image brightness and darkness, tone and contrast, and contributions made by color components

20

of the image, and if further one devises a linear scale for basic image variables, and within this scale defines increments of user image-quality discrimination, then for any image such an exercise leads to an estimated number of magnitude typically in excess of one-hundred-thousand possibilities for all combinations of these fundamental variations. Thus, just as image-acquisition devices (for example, digital camera or scanner) must in

25

effect attempt a best technical guess at an optimum combination from amongst this very large number, so does any remedial software when the acquisition technology is suboptimum in any or all of these image aspects. The chance of this guess being best is remote.


-4An entirely novel approach would be one of presenting the user with each of the very large number of possible images, and letting the user make an individual choice of the optimum preferred image-quality based entirely on personal preference. If this could be done efficiently, the practical need for a menu of enhancement techniques as described 5

above would largely disappear. A practical reason this approach has not previously been pursued is implicit in the above estimation for the large number of practically distinguishable image choices (that is, typically in excess one-hundred thousand). Note that calculation of this number itself involves definition and separation, linear-visualscaling, interval-determination and combinatory calculation of basic image variables.

10

This exercise presents a formidable task in itself, and has no known coverage in the prior art for practical digital images, to the knowledge of the present inventor. One approach in an aspect of the present invention includes methodology for practical determination of a number of individual image combinations, or a number of possible image quality states for any single original digital image.

15

Having established a number of independent image quality states, the problem of presenting these states for user-selection seems at first consideration to be formidable. For example, automatically printing in excess of, say, one-hundred-thousand prints representing each state, and letting the user make a choice, would be clearly prohibitive in time and cost, while displaying them in electronic form, for example on a computer

20

monitor, would seem not only to be costly in time but tedious and confusing to the user. What is clearly needed is a simple, practical digital-image enhancement procedure, yet one that overcomes the existing problems and complications associated with conventional software systems, while at the same time removing obvious barriers to practical application.

25 SUMMARY OF THE INVENTION

In one embodiment a method for enhancing a digital image is provided, comprising steps of (a) selecting an image as an original image to be enhanced, (b)


-5-

creating by a pixel mapping procedure at least two images altered from the original image in a first image attribute, each of the altered images differing in the first image attribute, (c) displaying the altered images to a user, and (d) selecting by the user one of the images displayed as preferable to the other images displayed. 5

In a preferred embodiment the pixel mapping procedure applies a continuous function relating original pixel value for an attribute to an altered pixel value, and differing altered images are created by changing value for a constant in the function between mapping procedures. In some embodiments values for the constant are changed in a preprogrammed incremental fashion. In some embodiments the first image attribute

10

is one of brightness, contrast, or color. In one embodiment there is a further step (e) treating the preferred image from step (d) as a new original, and repeating steps (b) through (d) to produce a new preferred image. In some embodiments all of the pixels of the original image are mapped, and in some embodiments a subset of the original pixels are mapped, and those not mapped are

15

deleted entirely in the altered image. In some embodiments steps (b) through (e) are repeated. Also in some embodiments, in step (b) after step (e) a second image attribute is selected by the software, and all altered images are altered in the second image attribute. Still further, in some embodiments, in step (b) after step (e) a third image attribute is selected by the

20

software, and all altered images are altered in the third image attribute as well. In some cases selecting a second image attribute in step (b) is triggered by the user selecting an unchanged image as the preferred image. In another aspect of the invention a system for enhancing a digital image is provided, comprising a software suite executing on a computerized appliance including a

25

display, and input apparatus coupled to the computerized appliance and operable by a user. In this system an image is selected as an original image to be enhanced, the software creates by a pixel mapping procedure at least two images altered from the original in a first image attribute, each of the altered images differing in the first image attribute from one another, the altered images are displayed to a user in an interactive


-6display, and the user selects one of the images displayed as preferable to the other images displayed.

In a preferred embodiment of the system the pixel mapping procedure applies a continuous function relating original pixel value for an attribute to an altered pixel value, 5

and differing altered images are created by changing value for a constant in the function between mapping procedures. Also in a preferred embodiment the values for the constant are changed in a preprogrammed incremental fashion.

In some embodiments the first image attribute is one of brightness, contrast, or color. Also in some embodiments there is a further step (e) treating the preferred image 10

from step (d) as a new original, repeating steps (b) through (d) to produce a new preferred Image.

In some embodiments all of the pixels of the original image are mapped, and in other embodiments a subset of the pixels may be mapped, and those pixels not mapped may be discarded completely for the altered image. In some cases steps (b) through (e) 15

may be repeated.

In some embodiments, in step (b) after step (e) a second image attribute may be selected by the software, and all altered images are altered in the second image attribute. Further in step (b) after step (e) a third image attribute may be selected by the software, and all altered images are altered in the third image attribute.

20

In some cases selecting a second image attribute in step (b) is triggered by the user selecting an unchanged image as the preferred image. Also in some cases the first image attribute is brightness, the second image attribute is contrast and the third image attribute is color.

25

BRIEF DESCRIPTION OF THE DRAWING FIGURES

Fig. 1 is a flow chart depicting a series of steps and functions to successively enhance a digital image in one embodiment of the present invention.


-7Fig. 2 illustrates a pixel mapping function in an embodiment of the invention intended to lead to enhancement of the image according to one attribute of the image.

Fig. 3 shows a family of curves in an embodiment of the invention to increase an 5

attribute of an image, and to illustrate concepts of an overall practical range and visual increment of curves in the family.

Fig. 4 shows a family of curves in an embodiment of the invention to decrease an attribute of the image, and illustrates concepts of overall practical range and visual 10

increment of curves in the family.

Fig. 5 illustrates use of a pixel mapping function in an embodiment of the invention to increase an attribute over a defined portion of a pixel range.

15

Fig. 6 illustrates two pixel mapping functions in an embodiment of the invention, each using opposite functions over different portions of a pixel range, where one will increase the image attribute, while the other will decrease the image attribute.

Fig. 7 shows two curves in an embodiment of the invention each decreasing 20

overall image contrast, and illustrates a concept of visual increments in image contrast.

Fig. 8 shows two curves in an embodiment of the invention each increasing an attribute, and illustrates a concept of visual increments in image contrast.

25

Fig. 9 illustrates in an embodiment of the invention using of a series of images with altered attributes for selection as preferable by a user.

Fig. 10 illustrates in an embodiment of the invention, an attribute change choicestrategy for a user, with illustration of two different choice-paths.


-8-

Fig. 11 illustrates in an embodiment of the invention increments and methodology of choice for enhancing color state of an image.

5

Fig.12 shows in an embodiment of the invention an iterative hierarchy of color changes available to a user in order to obtain a desirable overall color balance.

DETAILED DESCRIPTION OF THE INVENTION

10

In one embodiment the present invention comprises a computerized system and methods for enhancing and optimizing a digital image under control of a user. The digital image may originate from any source, including but not limited to digital photography, scanned analog prints or documents, downloaded web images, cell-phone captured digital photographs, and the like. The system and method is applicable to any

15

imagery expressed in an array of pixels. In practicing the invention, in one embodiment a user causes, through an interactive application exhibiting user-friendly methodology, a serial and systematic sequence of operations to be performed on an original image, wherein specific attributes of the image, such as brightness/darkness, contrast/tone-reproduction, and color

20

reproduction, are improved incrementally, resulting in an overall optimized image. The invention is not limited to the attributes described just above, and may be extended to more sophisticated image attributes, as appropriate and convenient in any practical case. In one embodiment basic image attributes and pixel mapping surrogates have been implemented such that their effects are largely independent of one another, and the

25

enhancement of attributes has been ordered such that, for typical images, major image changes are applied first, and lesser changes are applied later. The methodology of the invention in one embodiment is based on a definition of linear visual scales for each image attribute, and determination of scale increments corresponding to just-appreciable visual differences (denoted herein as JAVDs). In terms


-9of these combined attributes and their corresponding JAVDs, a very large number of separate image states may be defined, and the user, in this embodiment, is presented with a simple choice of associated images according to personal preference. In electronic form, for example as presented on a display monitor, this choice might typically be made 5

in a very short period of time, within a matter of seconds or so, for example, by means of a rapid sequence of clicks on a succession of altered images presented to the user, until the final overall preferred enhancement has been selected. Fig. 1 is a flow chart depicting a series of steps and functions to successively enhance a digital image in one embodiment of the present invention. In this example the

10

user starts with an original image 101, which, as described above, might come from any source. At step 102 image brightness/darkness attributes are mapped and optimized. At step 103 image tone-reproduction/contrast attributes are mapped and optimized. At step 104 image color-reproduction/balance attributes are mapped and optimized. An overall image optimized by preference emerges at step 105.

15

As is described in enabling detail below, each of the steps in the process flow chart of Fig. 1 comprises a series of sub-steps, based in one embodiment on a methodology that starts with one image, and creates at least one, but typically four or more altered images, with the alteration carried out in a systematic way. At first step 102 the methodology is applied to brightness/darkness attributes of the image, producing, for

20

example, four altered images, two of which are brighter, and one of those two brighter than the other, and two of which are darker, and one of those is darker than the other. These altered images are presented to the user, along with the original, and the methodology allows the user to quickly select the one of the altered images (or the original) judged to be best. The system then considers the selected image as a new

25

starting point, and again prepares four altered images deviating from the new standard in a systematic way, and the user again chooses from among the altered images based on user preference. Because the process is designed to enhance images by characteristics judged best by the user, the period of iteration is relatively short, and the user and the system arrive at


- 10 the user's best selection of brightnessldarkness for the image in just a few selections - a few clicks if the system is set up to select by clicking on a displayed image, or perhaps an icon representing an altered image. Now the method moves on to contrast, and the process repeats; then to color, and repeats again, and the end result is an image enhanced 5

according to the desires of the user. Each overall step in the process described by Fig. 1 involves, as previously mentioned, a number of internal steps. Digital display technology involves, as is wellknown in the art, an assortment of digital values for each pixel. For a single pixel, therefore, there may be, for example a value for brightness, and different values for color

10

characteristics, depending on a particular digital protocol or standard. Depending on protocol used, for each pixel for each attribute there will be a minimum value and a maximum value. In providing alternative values for pixels in the iterative process described with reference to Fig. 1, it is desirable that a new pixel value not fall outside the defined value range for the particular attribute. So if the range is zero to 255, for

15

example, we do not want to generate pixel values having negative numbers or values greater than 255. Fig. 2 illustrates an example of a pixel mapping function wherein value of input pixels, Pi, are systematically changed to output pixel value, po. Pixel values are normalized in this example to a range from 0 to 1. Whereas in the practical case the (un-

20

normalized) range is typically 0 to 255 (that is, for so-called 8-bit images), the pixel mapping methodology here is independent of this practical range, and might for example equally be applied in the same functional manner to any pixel range, including but not limited to, 16-bit or 32-bit images. Fig. 2 is simply a graphical representation of a mapping function, which, applied

25

to an initial pixel value pi, provides a new pixel value po. If the particular function selected and used causes no change in value, regardless of the initial value, the new pixel has the same value as the old, and that function is graphed as a straight line 201 with a forty-five degree slope. This function is po = Pi.


- 11 -

As stated above, in the methodology of the invention in one embodiment it is desired that output pixel values lay in the same range as the input pixel values, in this case lowest value zero, highest value 1. But it is also desired that, in the case of brightness, that the new values produce either an overall brighter or an overall darker 5

image. Curve 202 is a graph of a function that if used to remap every pixel in the original image, would satisfy both the end-points constraint (0 and 1) and produce a brighter image in a smooth and continuous manner. A function that would produce this curve would be single-valued and continuous. Fig. 3 extends the brightness-enhancement functionality described thus far to a

10

series of enhancements, all based on a single mapping function wherein different effects may be produced based on a parameter change within the function. The system, in one embodiment, produces enhanced images within a practical range for such brightness changes, indicated as the range between the function po = Pi (line 301) and curve 302, wherein the resulting image will be substantially brighter. The image produced by the

15

formula described by curve 302 is considered to be brighter than the original by a maximum practical change. While any curve may be generated between these two extremes, only a finite family of such curves may be appropriate in a practical sense, based on the concept introduced above of just-appreciable visual differences (JAVDs), whereby the typical

20

user might be insensitive to and/or unconcerned by lesser associated image brightness changes produced from one curve to the next. This concept of a basic increment as a JAVD between curves is illustrated by the adjacent curves (303 and 304), assumed separated by a single JAVD. One potential pixel mapping function satisfying all the requirements for a

25

complete practical range of brightness transformations is of the general form: (A)

po

where Pi and po denote the normalized input and output pixel values, respectively. 30

Note that for c = 0, po ~ Pi, producing the straight line function graphed as curve 301.


- 12 Note also that for c =1, po ~ 1 for any value of Pi. This function is well-behaved for c varying between 0 and 1. So function (A) is a potentially viable candidate, constraining c to be equal to or greater than zero, and equal to or less than one, for mapping pixels in an image to produce an altered image with a smoothly mapped difference and without 5

producing pixel values outside an allowable range. While function (A) may be effective in making controlled overall changes to pixel attributes, such as brightness, it is non-linear with the visual impression of brightness in that equal changes in the variable parameter c do not lead to the visual impression of equal changes in image brightness. In order to deal with this characteristic, in one

10

embodiment a transforming function for the value of c is defined based on practical viewing experience with very many typical digital images. For example, in one practical embodiment of the invention the transformation from the natural parameter c to a linearly visual scale, cy , was performed using the equation: (B)

15

c = 1 - (1 - cy

l85

This parameter cy itself has the same natural range between 0 and 1, as c varies between

o and 1. The practical increments of the JAVDs along the linearly visual scale, cy , are similarly determined from viewing experience with very many digital images. For example, in one practical embodiment of the invention, the increment (see Fig. 3) was 20

established as 1/32, and the natural range of the pixel mapping function that permitted brightness changes appropriate to the majority of a large number of digital images was established at 14 such increments. Thus the curves as illustrated in Figure 3 would form a series defined by cy

25

=

1/32,2/32,3/32,4/32,5/32,6/32, 7/32,8/32,9/32 10/32, 11/32, 12/32, 13/32, 14/32.

Values of Cy falling beyond 14/32 were found to be necessary for appropriate brightness change in only a very small percentage of all practical sample sets of digital images, and in these cases the series can readily be extended. Similarly, the interval itself, or JAVD,


- 13 -

may be modified according to individual choice for any specific type of digital-image sample set, or any criteria. It should be understood that function (A), or any other appropriate pixel mapping

function that might yield a similar series of curves separated by JAVDs, as illustrated in 5

Fig. 3, should operate equally or as appropriate on all sub-components within the image pixels. These may typically be associated with but not limited to color systems having defined RGB components, or to grayscale images or any other practical form of digitalimage classification and expression, or any other color classification system. Note that the function graphed with various values of c in Fig. 3 is entirely

10

symmetrical about the line defined by the curve (straight line) defined by po = pi, and its mirror-image about this line results in a set of new curves as illustrated in Fig. 4. Such a mirror image might for example be generated by replacing the function (A) by:

(C)

(1- Po)

( 1- Pi) / (1 - c + C (1- Pi))

15 For each of the new curves of Fig. 4 there is a systematic reduction in output pixel value for each input pixel value, and thus for typical practical cases the image will be darkened in an overall manner depending on the specific mapping function chosen from within this family. Thus an output image may be rendered between the original image 20

through increments of JAVDs by mapping pixel values using functions such as those graphed as curves 403 and 404, through to some determined practical darkness limit (curve 402). It should be noted that the same pixel mapping function described above, or any

similar function, might be used to map any specific region of the overall pixel range of 25

the image. Fig.5 shows an example of this, wherein the mapping function 502 is employed only between 0 and a midpoint 503 along the curve representing the original image (line 501). Point 503 might for example be taken as half-way along the pixel range, but the invention is not restricted to this assumption, and this point might be varied


- 14 in light of practical convenience and user experience. In fact, any region of an image might be selected and mapped separately from the rest of the image. Fig. 6 illustrates extension of partial pixel-range mapping to the complete pixel range of an image by taking the mirror-image of the function and re-scaling to the 5

remainder of the pixel range. Curves 602 (solid) and 603 (dashed) respectively show two examples of such curves having opposite curvatures within the two separate upper and lower pixel ranges. Note that curve 602 implies lightening of the image for the lower pixel range, and darkening for the higher pixel range, while curve 603 implies the converse, namely darkening in the lower pixel-range and lightening in the higher range.

10

Note that lightening of a dark region and darkening of a light region is generally referred in tone reproduction art as contrast-reduction, and vice versa. Thus the use of pixel mapping curves such those of 602 and 603 allows for generation of image states having specified changes in contrast, and an associated property known as tone reproduction. Note also that the complete curves of 602 and 603, based on the same

15

functional form as the originating function (A), retain the same desirable properties for smooth image transitions during pixel mapping (single-valued, continuous), and also similarly and naturally constrain the mapped image to its original lower and upper pixel bounds. Having illustrated the use of a basic pixel mapping function to affect changes in

20

image tone and contrast, Figs. 7 and 8 show a similar use of finite increments, or JAVDs, representing minimum practical decreases in image contrast (Fig.7) and increases in image contrast (Fig.8), respectively. It is thus understood that all descriptions above concerning image states associated with brightness/darkness, their range and JAVDs, are also directly applicable to image states associated with increase or decrease in contrast.

25

Fig. 7 illustrates a first mapping function 701 to be used to map pixels to create a first altered image with increased contrast from an original image, and a second mapping function 702, created by changing a constant in the function, to create a second altered image with increased contrast, having characteristics changed by a JAVD from those of the first altered image. Fig. 8 illustrates a first mapping function 801 to be used to map


- 15 pixels to create a first altered image with decreased contrast from an original image, and a second mapping function 802, created by changing a constant in the function, to create a second altered image with decreased contrast, having characteristics changed by a JAVD from those of the first altered image. 5

Fig. 9 illustrates a practical embodiment of a user-choice system for enhancing an image according to user-selected changes in image characteristics such as brightness/darkness and tone/contrast. To practice the invention in this embodiment, images might be displayed on a computer screen, and functionality of the system may be provided through software executing on the computer. This is not a limitation, however,

10

because images might be displayed on a display of a digital camera, a display coupled to a printer or a copy machine, or in a variety of other combinations, and any of these alternative computerized appliances may be capable of executing the requisite software. In the system illustrated by Fig. 9 an original image 902 is displayed beside a

same-size image 901, which represents a selected enhanced image at incremental stages 15

in the image enhancement process provided by the system. In an alternative embodiment, only one larger image may be displayed, and that is, in the beginning, the original image, which is replaced at each step in the iterative process by the selected enhanced image at each stage, step-by-step. Below the two larger images 901 and 902, a row of smaller images, sometimes

20

referred to as thumbnail images, in this case five, labeled as images 903, 904, 905, 906, and 907 are shown. Image 905 is, at the start, the original image. Images 903 and 904 are two images altered in one direction for a particular attribute, for example, brightness, by mapping the original image, pixel-by-pixel, using a function as described above. In one embodiment images 904 will be an image brightened by a JAVD, and image 903 an

25

image brightened from the original to provide a brighter image than image 904 by a JAYD. On the other side of image 905, image 906 is an image darker than the original, produced by a function as described above, and image 907 is a second darker image separated in characteristics from image 906 by a JAVD.


- 16 -

In one embodiment practice of the invention proceeds by a user entering an image for enhancement. This may be done, for example, from an interactive display provided by the software by reviewing stored images, and selecting one to load. Once the original image is selected, in this embodiment that image is displayed as 902 in the array of Fig. 9 5

in the interactive display, and also as center image 905. The system, in parallel with displaying the original image, maps the original into four altered images, and displays the four altered images as described above with reference to Fig. 9. It is the user's task to review the four altered images, and to select one that the

user denotes the best improvement (if any). If the user sees no improvement, there will 10

be a "Done" choice available to end the process, and the image remains unaltered. In some embodiments, selection of the unchanged image 905 triggers an end to the particular phase of the operation, that is: Done.

In various embodiments the functionality may vary somewhat. For example, the user is expected to select the best image, in his or her opinion, from the thumbnail images 15

below the larger image or images. In one embodiment a mouseover of anyone of the altered images offered for selection causes that image to display larger as image 901, greatly facilitating the selection process, because the user can now see the change in a larger, more detailed format. As long as the cursor remains over the thumbnail image, the image displays as the larger image. Also in some embodiments there will be only

20

one larger image at the top, which is the original image at the start, the mouseover image during the selection procedure, and the selected image once the user selects one image as the best of the selectable images. As the user selects the one image judged to be the best change, that selected image then displays as 901, or as the one larger image, and takes center stage as image

25

905. The original image remains as 902 for before-and-after effect in some embodiments. The system now produces four more images, using the pre-programmed functionality described, and importantly, these new four images differ in the salient characteristics, in this case brightness, by differences on either side of the already


- 17 enhanced image. Now the user selects again, and the newly selected image takes its place in the appropriate positions 902 and 905. In some embodiments there may be just one image in the interactive display, which is the original image at the start, and in proximity to the image there may be a 5

scale or a row of icons, rather than altered images. In this embodiment the system produces candidate choices based on a mapping formula, just as before, but does not display the choices as images, but as associated icons or positions on a scale. As the user mouses over the scale or icons, the one image changes according to the mapping already performed by the system. And, as the user selects a position on the scale or an icon, the

10

system displays that image, and immediately calculates another set of images and associates these new altered images with the icons or scale. As a practical matter, this process provides brightness according to the personal preference of the user, in at most about three selections, which may be mouseovers, or clicks by a pointer device. In many practical cases two clicks are enough.

15

In another way of considering the process, Figs. lOa and lOb illustrate typical choice-hierarchies for either brightness/contrast or tone/contrast. In Fig. lOa an original image 1002 is shown at the center of a scale 1001, the scale showing a number of increments of JAVDs at either side, representing a complete practical range of the image attribute under choice. Any number of these increments might be appropriate in a

20

practical case. Below scale 1001 the original image and four alternative altered images are shown as images 1003, each of the candidate images for selection separated by four JAVDs. As a first choice the user selects the first image to the left of the original, separated from the original by four JAVDs. That selected image now becomes an image for enhancement relative to scale 1004, which shows four additional candidate altered

25

images 1005, but now separated by two JAVDs each. The user now selects an altered image two JAVDs to the left of the first selected altered image, and the system uses that selection to do a third iteration shown on scale 1006, with candidate alterations 1007 one JAVD apart. The user selects a candidate image one JAVD to the right of the second


- 18 selected altered image, which is five JAVDs to the left of the original image, and this selection becomes the final selection for the particular attribute being enhanced. Fig. lOb illustrates another selection hierarchy, beginning with original image 1008 on scale 1009, and the selection proceeds through candidates 1010 on scale 1009, 5

then candidates 1012 on scale 1011, producing finally an image from candidates 1014 on scale 1013, the final image being fourteen JAVDs to the right of the original image. An important, but not limiting feature of the process just described is that the images presented as choices to the user are, in a first pass, further apart in characteristics (JAVD increment) than in the second pass, and those in the second pass are further apart

10

than in the third pass. The process thus uses hierarchical fine-tuning, which enables the selections a user must make to arrive at the preferred image with the optimum time and efficiency. In one embodiment the natural end point for the process is arriving at a best choice among images that are now one increment (JAVD) apart. There might also be a menu choice for a user to truncate the process in any iteration, or to skip one or more

15

passes in the process, which is a possibility for users having become familiar with the system. It may be, for example, that the brightness and contrast are quite acceptable for an image but the color is considerably out of balance, so in one embodiment there may be a way for a user to do a quick configuration to do a full process, or to limit the process to particular attributes.

20

Having described the process in one embodiment, comprising three iterations, with three selections, or clicks, for one attribute, such as brightness, following userselection of the preferred brightness/darkness image state, this selection now appears as an original for a new pass through the iterative selection process for tone/contrast, with candidate altered images being presented and selected just as they were for brightness

25

enhancement. Also, in one embodiment of the invention the system maps and creates images from an original in both directions from the original, with the images one JAVD apart, but presents the images to the user in the hierarchical manner described above, to minimize the selections necessary to arrive at the best image for the particular attribute. But an experienced user may be provided access to all of the images mapped, and in


- 19 some embodiments there may be functionality for the user to configure the system in a number of different ways. In a computerized embodiment of the above hierarchal presentation of image states, each choice the user makes can typically be made by a user using, for example, a 5

pointer device, in the order of 1 second, and therefore, assuming the three-levels of choice for each attribute, as illustrated in Figs. 10a and 10b, the combined preferred overall choices for brightness/darkness and tone/contrast can typically be made in a matter of from six to ten seconds. Note also that in that in this same example, the user will have made a preferred selection from a large number of altered images. The

10

invention in other embodiments may comprise any number of combinations representing practical preference and convenience. In one embodiment, after the brightness and contrast has been enhanced, the image having the enhanced brightness and contrast becomes an original for color enhancement. In well-known conventional systems each pixel will have more than one

15

value for color. The well-known RGB system, for example, will have one value for red, one for green, and one for blue. A similar plurality of values exist also for color components in a cyan, magenta, yellow system. It is therefore necessary to map in these conventional systems, three separate values for each pixel in enhancing color. Fig. 11 illustrates increments and methodology of choice for color state of an

20

image. Curves 1102 and 1103 represent a single JAVD in each direction for one color component, for example red. For each color component, such as red, green or blue, the system can (and may in some embodiments) operate just as described above to allow the user to enhance the color of an image through separate enhancement of each color component

25

It is known that in a conventional three-component color system (for example, but

not limited to, RGB), independent changes in any two components typically bring about an effective associated visual change in the third. Thus changes of JAVD in any twocolor components may form a basis of an overall choice among the color states of the


- 20Image. So in some embodiments changes may be made, for example, in only two components rather than all three components. Fig.12 illustrates a choice hierarchy associated with user-preferred color-state selection. An original image 1201 is shown above a row 1202 of smaller images 1203 5

with plus and minus a single JAVD of two of three color components, denoted here by color A and color B. In one embodiment of the invention A and B might be Red and Blue, but the invention may relate to any other combination of underlying color components. The invention in other embodiments might also include any other practical number of side-by-side thumbnail color alteration choices other than the four shown, or

10

might allow the user choice of simultaneous increments in all color components, as may be deemed practically desirable. The user choice among color states in row 1202, as shown in shaded circle, becomes the new original 1204, and new color JAVDs 1206 are recomputed from this previous choice and presented to the user along row 1205, with the original 1204 in the

15

center. The procedure continues in this fashion with a new selection from row 1205 becoming a new original 1207, new potentials images displayed in row 1209 with the original in the center position, a new selection that becomes the new original 1210, then new potential images in row 1212 with 1210 in the center. In the embodiment illustrated by Fig. 12, the user selects the original 1210 as the preferred choice, so the process ends

20

here, but continues as long as the original is not judged by the user to be the preferred, therefore not needing improvement. That final image then is saved as the overall colorenhanced image, and, in the situation where enhancement has already been done for brightness and contrast, this image may be the final optimized image in the overall process, as indicated in Fig. 1, image 105. Although Fig. 12 shows four levels of color

25

choice, any other number of iterations may be appropriate in individual cases. The enhancement procedure described in several examples and in enabling detail above is based on a single pixel mapping function of the form indicated, but not restricted to, that of function (A) and its mirror-image form (C) above, with successive amended images being produced by varying the constant c in the formulas in a systematic way, of


- 21 which one scheme is provided by formula (B) above. Also the function may be applied in various embodiments to the entire pixel range for all pixel components in original form or as a mirror image; combinations of partial pixel-ranges for all pixel components; or to the entire pixel range for partial pixel components. This invention is, however, not 5

limited to such applications of this specific function to the pixel range and pixel components, nor is it limited to the functionality described in functions (A), (B) or (C). since many others of a similar class of functions may be used to achieve similar altered images for user consideration. It is noted that the pixel mapping processes described above, incorporating a

10

fundamental set of image-attributes for enhancement, operate globally on the overall pixel array and the pixel components. In many embodiments of the invention none of the mapping operations involve conditional pixel mapping, wherein the operation on an individual pixel or its components depends not only on the values of the pixels, but on those of a defined surrounding population of pixels. Thus all the described pixel

15

mapping operations in these many embodiments avoid associated practical problems of so-called conditional pixel mapping algorithms, wherein unwanted image defects may be introduced by the algorithm itself. Therefore the only defects following enhancement by the procedures described above for these embodiments are those already existing in the original image, for example as introduced previously by the hardware and software

20

limitations of the camera, scanner, or other device by which the image originated. In some embodiments of the invention, however, conditional pixel mapping algorithms might well be employed in combination with procedures described in various example described above. It is understood that while the image attributes described above in the basic

25

enhancement procedure, these being brightness, contrast and color, form a basic collective set of image quality states, other more sophisticated image attributes may be added to this hierarchy as appropriate and necessary in other embodiments. One embodiment of this invention, for example, includes additional image attributes such as, but not be limited to, image-sharpening, noise-reduction, and brightness/darkness


- 22latitude-extension. Such image attributes typically involve conditional pixel mapping, which may not be reversible. However, for these attributes the basic methodology also extends to, and involves, definition of linear visual scales, and the definition of approximately equal increments on these scales, in terms of their JAVDs across a 5

practical range for each attribute. Further to the above it will be apparent to the skilled person that there may be many alterations in the embodiments described within the spirit and scope of the invention. For example, mapping functions and image-choice methodology may vary in different embodiments. Also, the methodology of the invention is independent of and

10

applicable to all known image formats, including but not limited to those of jpg, tif, gif and bmp formats, and so on. Further still, although the above descriptions have been concerned with the image-quality enhancement of single digital images, also known as still images, the methodology is also applicable to other digital-imaging modalities, for example but not limited to, frame-by-frame enhancement of video broadcasts, or off-line

15

or real-time batch processing of such images. Further still, although the invention has been described above as applicable to consumer fields such as digital photography, it is understood that it is not limited to these and similar consumer fields, but is also relevant and applicable to digital images as might be typical in applications such as, but not limited to, those occurring in medical diagnostics or aerial reconnaissance, whereby the

20

image size and other fundamental image parameters may be quite different from those described and illustrated as embodiments and examples above. There are similarly many other alterations within the spirit and scope of the invention, so the invention is limited only by the breadth and scope of the claims that follow.


- 23 -

What is claimed is:

1. A method for enhancing a digital image, comprising steps of: 5

(a) selecting an image as an original image to be enhanced; (b) creating by a pixel mapping procedure at least two images altered from the original image in a first image attribute, each of the altered images differing in the first image attribute; (c) displaying the altered images to a user; and

10

(d) selecting by the user one of the images displayed as preferable to the other images displayed.

2. The method of claim 1 wherein the pixel mapping procedure applies a continuous function relating original pixel value for an attribute to an altered pixel value, and 15

differing altered images are created by changing value for a constant in the function between mapping procedures.

3. The method of claim 2 wherein the values for the constant are changed in a preprogrammed incremental fashion.

20 4. The method of claim 1 wherein the first image attribute is one of brightness, contrast, or color.

5. The method of claim 3 comprising a further step: 25

(e) treating the preferred image from step (d) as a new original, repeating steps (b) through (d) to produce a new preferred image.

6. The method of claim 5 wherein all of the pixels of the original image are mapped.


- 247. The method of claim 3 wherein steps (b) through (e) are repeated.

8. The method of claim 7 wherein in step (b) after step (e) a second image attribute is selected by the software, and all altered images are altered in the second image attribute. 5

9. The method of claim 8 wherein in step (b) after step (e) a third image attribute is selected by the software, and all altered images are altered in the third image attribute.

10. The method of claim 8 wherein selecting a second image attribute in step (b) is 10

triggered by the user selecting an unchanged image as the preferred image.

11. The method of claim 9 wherein the first image attribute is brightness, the second image attribute is contrast and the third image attribute is color.

15

12. A system for enhancing a digital image, comprising: a software suite executing on a computerized appliance including a display; and input apparatus coupled to the computerized appliance and operable by a user; wherein an image is selected as an original image to be enhanced, the software creates by a pixel mapping procedure at least two images altered from the original in a

20

first image attribute, each of the altered images differing in the first image attribute, the altered images are displayed to a user in an interactive display, and the user selects one of the images displayed as preferable to the other images displayed.

13. The system of claim 12 wherein the pixel mapping procedure applies a continuous 25

function relating original pixel value for an attribute to an altered pixel value, and differing altered images are created by changing value for a constant in the function between mapping procedures.


- 25 14. The system of claim 13 wherein the values for the constant are changed in a preprogrammed incremental fashion.

15. The system of claim 12 wherein the first image attribute is one of brightness, 5

contrast, or color.

16. The method of claim 14 comprising a further step: (e) treating the preferred image from step (d) as a new original, repeating steps (b) through (d) to produce a new preferred image. 10 17. The system of claim 16 wherein all of the pixels of the original image are mapped.

18. The system of claim 14 wherein steps (b) through (e) are repeated.

15

19. The system of claim 18 wherein in step (b) after step (e) a second image attribute is selected by the software, and all altered images are altered in the second image attribute.

20. The system of claim 19 wherein in step (b) after step (e) a third image attribute is selected by the software, and all altered images are altered in the third image attribute. 20 21. The system of claim 19 wherein selecting a second image attribute in step (b) is triggered by the user selecting an unchanged image as the preferred image.

22. The system of claim 20 wherein the first image attribute is brightness, the second 25

image attribute is contrast and the third image attribute is color.


- 26-

ABSTRACT OF THE DISCLOSURE

A method for enhancing a digital image involves selecting an image as an original 5

image to be enhanced, creating by a pixel mapping procedure at least two images altered from the original image in a first image attribute, each of the altered images differing in the first image attribute, displaying the altered images to a user, and selecting by the user one of the images displayed as preferable to the other images displayed.


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DECLARATION AND POWER OF ATTORNEY FOR PATENT APPLICATION ATTORNEY DOCKET NO.P2119 As a below named inventor, I hereby declare that: My residence, post office address and citizenship are as stated below next to my name. I believe I am the original, first and sole inventor (if only one name is listed below) or an original, first and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which a patent is sought on the invention entitled: Apparatus and Methods for Enhancing Digital Images the specification of which (check one) [gI is attached hereto. was filed on: _ _ Application Serial No. _ _ and was amended on _ _ (If applicable) I hereby state that I have reviewed and understand the contents ofthe above-identified specification, including the claims, as amended by any amendment referred to above. I acknowledge the duty to disclose information which is material to the examination of this application in accordance with Title 37, Code of Federal Regulations, s 1.56 (a). In the case that the present application is a continuation-in-part application, I fUliher acknowledge the duty to disclose material information as defined in 37 CPR s 1.56(a) which became available between the filing date of the prior application and the filing date of the present application. I hereby claim foreign priority benefits under Title 35, United States Code s 119 of any foreign applications for patent or inventor's certificate listed below and have also identified below any foreign application for patent or inventor's certificate having a filing date before that of the application on which priority is claimed: Prior Foreign Application(s) (Number) (Country) (Day/MonthIYear Filed)

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(Number) (Country) (Day/Month/Year Filed) I hereby claim the benefit under Title 35, United States Codes, 120 and 119 of any United States application(s) listed below and, insofar as the subject matter of each ofthe claims of this application is not disclosed in the prior United States application in the manner provided by the first paragraph of Title 35, United States Code, s112, I acknowledge the duty to disclose material information as defined in Title 37, Code of Federal Regulations, sI56(a) which occurred between the filing date of the prior application and the national or PCT international filing date of this application. (Application Serial No.): (Application Serial No.): (Application Serial No.): (Application Serial No.): (Application Serial No.):

60/735,053 (Filing Date): 11/08//2005 (Status): pending _ _ (Filing Date): _ _ (Status): _ __ _ _ (Filing Date): _ _ (Status): _ __ _ _ (Filing Date): _ _ (Status): _ __ _ _ (Filing Date): _ _ (Status): _ __

POWER OF ATTORNEY: As a named inventor, I hereby appoint:

~ Practitioners at customer number: 24739 OR

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Practitioners: Name:

Registration number

to prosecute this application and transact all business in the Patent and Trademark Office cOlmected therewith. Please send all correspondence practitioners at:

r::gj The practitioners at the customer number indicated above

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Page 2 DECLARATION AND POWER OF ATTORNEY FOR PATENT APPLICATION ATTORNEY DOCKET NO. P2119 I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of . Title 18 of the United States Code and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.

FUlln'm'OfOOl'O'firnunV'"tOd.Od"?~

jJ. I'"'l L/ (}~p:. () I ~"---__V'~c........:c.......::..---==-+-"~----''-------.!:...--'=-----Dated: lL1lltfh., pi) ./..()Ot1

1st inventor's signature: _ _ _ _ _

Residence: 281 Ventana Way, Aptos CA 95003

Citizenship: US

Post Office Address: Same

Declaration and Power of Attomey- Page 2


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Apparatus and Methods for Enhancing Digital Images

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Application Data Sheet 37 CFR 1.76 Title of Invention

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Registration Number

35074

This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data sheet form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and!or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

EFS Web 2.0


Privacy Act Statement

The Privacy Act of 1974 (P .L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1.

The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether the Freedom of Information Act requires disclosure of these records.

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5.

A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

6.

A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(cÂť.

7.

A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.

A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuan to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspections or an issued patent.

9.

A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

EFS Web 2.0


Electronic Patent Application Fee Transmittal Application Number: Filing Date:

Title of Invention:

Apparatus and Methods for Enhancing Digital Images

First Named Inventor/Applicant Name:

Rodney Shaw

Filer:

Donald Rex Boys/Sheri Beasley

Attorney Docket Number:

P2119

Filed as Small Entity

Utility

Filing Fees Description

Fee Code

Quantity

Amount

Sub-Total in USD($)

Utility filing Fee (Electronic filing)

4011

1

75

75

Utility Search Fee

2111

1

250

250

Utility Examination Fee

2311

1

100

100

Claims in excess of 20

2202

2

25

50

Basic Filing:

Pages: Claims:

M iscellaneous-Fi Ii ng: Petition:


Description

Fee Code

Quantity

Amount

Sub-Total in USD($)

Patent-Appeals-and-I nterference:

Post -Allowance-and -Post -Issu ance: Extension-of-Time: Miscellaneous:

Total in USD ($)

475


Electronic Acknowledgement Receipt EFSID:

1272949

Application Number:

11552666

International Application Number: Confirmation Number:

Title of Invention:

First Named Inventor/Applicant Name: Customer Number: Filer: Filer Authorized By: Attorney Docket Number: Receipt Date:

2474

Apparatus and Methods for Enhancing Digital Images

Rodney Shaw 24739

Donald Rex Boys/Sheri Beasley Donald Rex Boys P2119 25-0CT -2006

Filing Date: Time Stamp: Application Type:

14:16:54

Utility

Payment information: Submitted with Payment Payment was successfully received in RAM

yes $475

RAM confirmation Number

1273

Deposit Account

500534

File Listing: Document Number

Document Description

File Name

File Size(Bytes)


1

P2119PA.pdf

129014

yes

26

Multipart Description/PDF files in .zip description Document Description

Start

End

Specification

1

22

Claims

23

25

Abstract

26

26

Warnings: Information:

2

Drawings

DRAWINGS.pdf

120114

no

12

Oath or Declaration filed

POA2119.pdf

73671

no

2

Application Data Sheet

US_ADSJorm_SB_14.pdf

930614

no

4

Fee Worksheet (PTO-875)

fee-info.pdf

8472

no

2

Warnings: Information:

3

Warnings: Information:

4

Warnings: Information:

5

Warnings: Information: Total Files Size (in bytes):

1261885


This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Applications Under 35 U.S.C. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Application under 35 U.S.C. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.


PTO/SB/06 (12-04) Approved for use through 7/31/2006. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number Application or Docket Number PATENT APPLICATION FEE DETERMINATION RECORD

11.552666

Substitute for Form PTO-875

APPLICATION AS FILED - PART I FOR BASIC FEE (37 CFR 1.16(a), (b), or (c» SEARCH FEE (37 CFR 1.le(k), (i), or (m» EXAMINATION FEE (37 CFR 1.16(0), (p), or (q» TOTAL CLAIMS (37 CFR 1.16(i»

(Column 1)

(Column 2)

NUMBER FILED

NUMBER EXTRA

SMALL ENTITY RATE ($)

100 22

2

minus 20 =

X$ 25

MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16@ • If the difference in column 1 is less than zero, enter "a" in column 2.

50

X$50

OR

X$100

X$200

180

360

TOTAL

475

TOTAL

APPLICATION AS AMENDED - PART II

«

IZ

w

:E 0

Z

w

:E

«

(Column 1) CLAIMS REMAINING AFTER AMENDMENT

(Column 2) HIGHEST NUMBER PREVIOUSLY PAID FOR

· ·

Total Minus (37 CFR 1.16(i» Independent Minus (37 CFR 1.16(h» Application Size Fee (37 CFR 1.16(s»

.. ...

(Column 3)

SMALL ENTITY

PRESENT EXTRA

= =

RATE ($)

X

=

X

=

FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j»

IZ

w

(Column 1)

(Column 2)

(Column 3)

CLAIMS REMAINING AFTER AMENDMENT

HIGHEST NUMBER PREVIOUSLY PAID FOR

PRESENT EXTRA

·

Total Minus (37 CFR 1.16(i» z Independent W' Minus :E (37 CFR 1.16(h» « Application Size Fee (37 CFR 1.16(s»

:E 0

·

.. ...

RATE ($) OR

OR

180

X

=

X

=

OR OR

ADDITIONAL FEE ($)

360 TOTAL ADD'T FEE

OR RATE ($)

=

X

=

=

X

=

FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16U»

OTHER THAN SMALL ENTITY

OR

ADDITIONAL FEE ($)

TOTAL ADD'T FEE

m

FEE ($)

250

minus 3 = If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(I)(G) and 37 CFR

APPLICATION SIZE FEE (37 CFR 1.16(5»

RATE ($)

FEE ($)

75

2

(37 CFR 1.16(h»

OTHER THAN SMALL ENTITY

OR

NIA TOTAL ADD'T FEE

ADDITIONAL FEE ($)

RATE ($) OR

OR OR OR

.....

X

=

X

=

ADDITIONAL FEE ($)

NIA TOTAL ADD'T FEE

• If the entry in column 1 is less than the entry in column 2, write '0' in column 3. If the 'Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter '20', If the 'Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter '3' . The 'Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1. ThiS collection of information IS reqUired by 37 CFR 1.16. The information IS reqUired to obtain or retain a benefit by the public which IS to file (and by the USPTO to process) an application. Confidentiality is govemed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form andlor suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Paten and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS, SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313,1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.


2119 File wrapper  

imaging patent file wrapper

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