Ex Parte Luo - Page 21


                   Appeal No. 2006-1618                                                                                             
                   Application No. 10/046,797                                                                                       


                           The examiner responds that Catros uses gradient amplitudes in an                                         
                   algorithm to determine the best path to connect a disjointed contour [answer,                                    
                   page 14].  According to the examiner, since these amplitudes are numerical                                       
                   values associated with a gradient, they reasonably teach weight values [id.].  The                               
                   examiner further notes that Makram-Ebeid teaches eliminating interfaces when a                                   
                   scale parameter increases.  Therefore, each eliminated interface has an                                          
                   associated scale parameter at which it exists [id.].  Moreover, the examiner                                     
                   indicates that when two regions are merged in Makram-Ebeid, the function                                         
                   "Energy" is minimized thus likely minimizing intensity variance [answer, pages 14                                
                   and 15].                                                                                                         
                           We will sustain the examiner's rejection of claim 20.  Makram-Ebeid                                      
                   discloses an algorithm that eliminates the largest possible number of interfaces                                 
                   to ultimately merge adjacent regions with practically identical intensities                                      
                   [Makram-Ebeid, col. 1, lines 43-45].  To this end, the algorithm uses the Energy                                 
                   function that comprises (1) a first term that accounts for intensity variance in each                            
                   image region, and (2) a second term that accounts for the total length of the                                    
                   image's boundaries, weighted by a scale parameter (λ) [Makram-Ebeid, col. 1,                                     
                   lines 48-53].  Initially, the value "1" is assigned to the scale parameter λ and                                 
                   adjacent regions are merged that minimize the Energy function.  The resultant                                    
                   regions are then re-organized and, following a recalculation of the Energy                                       
                   function terms, a new merger attempt is made with λ=1.  This operation is                                        
                   repeated until there is no longer any region with an adjacent region to merge                                    


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