Ex Parte Une

Board of Patent Appeals and Interferences

Aug 30, 2012

11155488 (B.P.A.I. Aug. 30, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/155,488 06/20/2005 Hideho Une SON-3322 3603
23353 7590 08/30/2012
RADER FISHMAN & GRAUER PLLC
LION BUILDING
1233 20TH STREET N.W., SUITE 501
WASHINGTON, DC 20036
EXAMINER
BERHAN, AHMED A
ART UNIT PAPER NUMBER
2622
MAIL DATE DELIVERY MODE
08/30/2012 PAPER
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.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte HIDEHO UNE
____________

Appeal 2010-005021
Application 11/155,488
Technology Center 2600
____________

Before MARC S. HOFF, CARLA M. KRIVAK, and
ELENI MANTIS MERCADER , Administrative Patent Judges.

MANTIS MERCADER, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2010-005021
Application 11/155,488

2
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from a final rejection of
claims 1-9. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

INVENTION
Appellant’s claimed invention is directed to an image pickup
apparatus to adjust a white balance by adjusting a level of a chrominance
signal of a color image. Spec. 3:17-21.
Independent claim 1, reproduced below, is illustrative.
1. An image pickup apparatus capable of adjusting a white
balance by adjusting a level of a chrominance signal
constituting a color image, comprising:

gain setup means for setting up a limit value for a gain
value which adjusts a level of said chrominance signal;

gain adjusting means having a black body locus, as data,
which indicates a locus of a change in color temperature of a
full radiator on a chromaticity coordinate, and capable of
adjusting said gain value; and

chrominance signal amplifying means amplifying the
level of said chrominance signal in accordance with said gain
value adjusted by said gain adjusting means,

wherein, when amplifying a chrominance signal
exceeding a predetermined level in accordance with said limit
value set up by said gain setting means, said gain adjusting
means causes said gain value of said chrominance signal
amplifying means applied to the chrominance signal to translate
parallel along said black body locus on said chromaticity
coordinate, and adjusts to a position to be said limit value.
Appeal 2010-005021
Application 11/155,488

3
REFERENCE and REJECTION
The Examiner rejected claims 1-9 under 35 U.S.C. § 102(b) based
upon the teachings of Taura (US Patent No. 6,670,987 B1, December 30,
2003).

ISSUE
The pivotal issue is whether Appellant has shown that the Examiner
erred in finding that:
Taura teaches the limitation of “said gain adjusting means causes said
gain value of said chrominance signal amplifying means applied to the
chrominance signal to translate parallel along said black body locus on said
chromaticity coordinate” as recited in claim 1.

ANALYSIS
Appellant argues, inter alia, that Taura does not teach the limitation of
“said gain adjusting means causes said gain value of said chrominance signal
amplifying means applied to the chrominance signal to translate parallel
along said black body locus on said chromaticity coordinate” as recited in
claim 1 (Br. 9-13).
We are persuaded by Appellant’s argument. We agree with the
Examiner that Taura teaches gain adjustment for the data in the different
quadrants (Ans. 8; Figs. 7 and 9; col. 8, ll. 10-22). However, we find no
support, nor does the Examiner provide any evidence, for the teaching of
gain adjustment to translate parallel along the black body locus on the
chromaticity coordinate as recited in claim 1.
Appeal 2010-005021
Application 11/155,488

4
Accordingly, we reverse the Examiner’s rejection of claim 1 and for
the same reasons the rejections of claims 2-9.

CONCLUSION
Appellant has shown that the Examiner erred in finding that:
Taura teaches the limitation of “said gain adjusting means causes said
gain value of said chrominance signal amplifying means applied to the
chrominance signal to translate parallel along said black body locus on said
chromaticity coordinate” as recited in claim 1.

ORDER
The decision of the Examiner to reject claims 1-9 is reversed.

REVERSED

pgc