Patent It Yourself - PDF Archive

376 | PATENT IT YOURSELF
Appn. Number 07/910,721 (Schwartz et al) GAU 3303 Amnt. A contd. 11 of 13
Neither Hashim nor Gaborski create any additional gray levels by mathemat ically combining the plurality
of modified gray levels with the plurality of preselected gray levels so that the additional gray levels are
different from the modified gray levels and the preselected gray levels.
As stated above, when Hashim creates his gray levels [step(4) above] he considers only gray levels within
the image that he modifies (Hashim, col. 2, 1. 57 to col. 3 1. 18). He does not consider nor is he aware of the
gray levels of step (1) above while his modification step (4) above is performed.
Therefore, he cannot have any assurance that ambiguity is prevented and he does not combine any
previous gray levels to arrive at his additional gray levels.
Thus applicants submit that their invention is much more than merely substituting a plurality of templates
for one template and that claim 37 clearly recites novel physical subject matter which distinguishes over
any possible combination of Hashim and Gaborski.
4. The Novel Physical Features of Claim 37 Produce New and Unexpected Results and Hence Are
Unobvious and Patentable Over These References Under § 103
Also applicants submit that the novel physical features of claim 37 are also unobvious and hence
patentable under § 103 since they produce new and unexpected results over Hashim and Gaborski, or any
combination thereof.
These new and unexpected results are the ability of applicants’ system to locate addresses and coordinates
in memory by referring to the gray levels in the histogram vectors. This in turn results in higher-speed
image processing for detecting defects and making dimensional measurements. Applicants’ system
therefore is vastly superior to that of either Hashim and Gaborski, or any possible combination thereof. The
novel features of applicants’ system which effect these differences are, as stated, clearly recited in claim 37.
The Dependent Claims Are A Fortiori Patentable Over Hashim and Gaborski
New dependent claims 38 to 54 incorporate all the subject matter of claim 37 and add additional subject
matter which makes them a fortiori and independently patentable over these references.
Claim 38 additionally recites:
“creating said additional gray levels by superposing said modified product image onto said template
images by summing gray levels assigned to memory location of said product image and said full
template image, so as to produce a summation which represents a superposed image, and saving
said summation in said memory.”
This is entirely foreign to Hashim and Gaborski, or any combination thereof since, as stated, the systems
of these references do not sum any gray levels of the product image and the full template image. Hashim
modifies the product image using a transformation function, rather than by summing. Garborski does not
sum either.
Claim 39 further adds “creating a histogram vector of said superposed image.” Again this is clearly foreign
to Hashim and Gaborski.
Fig. 13E/11—Sample “Regular” Amendment