Ex parte ShiauDownload PDFBoard of Patent Appeals and InterferencesMay 12, 199908117591 (B.P.A.I. May. 12, 1999) Copy Citation Application for patent filed September 7, 1993. 1 The amendment had the effect of overcoming the2 indefiniteness rejection of claims 1 and 17 (paper number 16). THIS OPINION WAS NOT WRITTEN FOR PUBLICATION The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board. Paper No. 29 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JENG-NAN SHIAU ____________ Appeal No. 96-0650 Application No. 08/117,5911 ____________ HEARD: May 4, 1999 ____________ Before HAIRSTON, JERRY SMITH and HECKER, Administrative Patent Judges. HAIRSTON, Administrative Patent Judge. DECISION ON APPEAL This is an appeal from the final rejection of claims 1 through 40. In an Amendment After Final (paper number 15), claims 1 and 17 were amended.2 Appeal No. 96-0650 Application No. 08/117,591 2 The disclosed invention relates to a color copier that processes marker data during a single pass scan of a document. The color copier also performs a thinning operation on the marker data during the single pass scan. Claim 36 is illustrative of the claimed invention, and it reads as follows: 36. A copier for thinning buffered marker data during a single pass scanning of a document, comprising: first analyzing means for analyzing, during the single pass scanning of the document, buffered marker data associated with pixels adjacent to a first pixel, the first pixel being a pixel in a first scanline, the first scanline having been scanned prior in time to a scanline being presently scanned in the single pass scanning of the document, to determine a connectivity relationship of a marker line, the connectivity relationship being between the first pixel and pixels adjacent the first pixel; and thinning means for eliminating, during the single pass scanning of the document, buffered marker data associated with the first pixel when said first analyzing means determines that elimination of the buffered marker data associated with the first pixel maintains connectivity of the marker line. The references relied on by the examiner are: Matsunawa et al. (Matsunawa) 5,216,498 June 1, 1993 Hardy et al. (Hardy) 5,261,012 Nov. 9, 1993 (filed May 11, 1992) Foley et al. (Foley), “Computer Graphics: Principles and Practice,” Addison-Wesley, 1991, pages 33 and 34. Appeal No. 96-0650 Application No. 08/117,591 3 Claims 1 through 3, 6 through 8, 17 through 19, 28, 31, 32 and 36 through 38 stand rejected under 35 U.S.C. § 103 as being unpatentable over Matsunawa in view of Hardy. Claims 4, 5, 9 through 16, 20 through 27, 29, 30, 33 through 35, 39 and 40 stand rejected under 35 U.S.C. § 103 as being unpatentable over Matsunawa in view of Hardy and Foley. Reference is made to the briefs and the answers for the respective positions of the appellant and the examiner. OPINION The obviousness rejections are reversed. Matsunawa discloses apparatus for detecting a marked region during a single scan of a document. The examiner acknowledges that Matsunawa is silent concerning thinning of the marked region (Answer, page 4). For such a teaching, the examiner turns to Hardy. According to the examiner (Answer, pages 4 and 5): Hardy et al discloses a system for thinning images. Hardy teaches that thinning is performed by examining the pixels adjacent to a given pixel, and carried out until an image formed of only lines or dots remains (column 2, lines 27-68). Hardy et al further teaches that the system may be used to make a zone of interest more easily recognizable (column 1, lines 23-38). Appeal No. 96-0650 Application No. 08/117,591 4 It would have been obvious to one of ordinary skill in the art to perform thinning, as taught by Hardy et al, on a detected marked region in the system of Matsunawa et al, in order to more accurately delineate a region enclosed by a marking line or a marking image, in order to facilitate subsequent processing of pixels in the delineated region, particularly in view of the teaching of Hardy et al that such processing may make a zone of interest more easily recognizable. Appellant argues (Brief, page 6) that Hardy stores the “entire image prior to thinning because the data must be analyzed in a left to right direction, in a right to left direction, in an up to down direction, and in a down to up direction.” Hardy discloses that during the thinning process an image memory 28 (Figure 4) has image data stored therein, and that “the image memory will have 512 by 512 pixels (i.e., storage locations corresponding to pixels),” and that “[t]he image data will be scanned in four different directions” (column 7, lines 5 through 14). Figure 1 of Hardy illustrates the scanning of the data in the four directions. Such four- directional scanning can only be performed on data that has been previously stored in memory. Appeal No. 96-0650 Application No. 08/117,591 5 In summary, we agree with appellant’s argument (Reply Brief, page 10) that Hardy “stores the entire image prior to thinning.” The obviousness rejection of claims 1 through 3, 6 through 8, 17 through 19, 28, 31, 32 and 36 through 38 is reversed because the applied references neither teach nor would they have suggested to one of ordinary skill in the art the claimed thinning during the single pass scanning of the document. The obviousness rejection of claims 4, 5, 9 through 16, 20 through 27, 29, 30, 33 through 35, 39 and 40 is reversed because Foley does not cure the noted shortcomings in Matsunawa and Hardy. Appeal No. 96-0650 Application No. 08/117,591 6 DECISION The decision of the examiner rejecting claims 1 through 40 under 35 U.S.C. § 103 is reversed. REVERSED KENNETH W. HAIRSTON ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT JERRY SMITH ) APPEALS Administrative Patent Judge ) AND ) INTERFERENCES ) ) ) STUART N. HECKER ) Administrative Patent Judge ) jrg Appeal No. 96-0650 Application No. 08/117,591 7 Ronald Zibelli Xerox Corporation Xerox Square 20A Rochester, NY 14644 Copy with citationCopy as parenthetical citation