Ex Parte Krishnamachari - Page 3




          Appeal No. 2004-0930                                                        
          Application No. 09/934,962                                                  


               Sato obtains each element Ci of a block’s color feature                
          vector by counting the number of pixels within the hue range di-1           
          to di+1 in a histogram (col. 25, lines 56-58; figure 43).1  Sato            
          creates a color versus block size (i.e., resolution) index table            
          which shows, for each Ci that is larger than a threshold value,             
          the number of the block (region id) and the number of the image             
          which includes the block (image id) (col. 26, lines 5-10;                   
          figure 45).  Thus, “index information to images and regions                 
          having a predetermined frequency or higher of a specific color is           
          stored in the index table 213 in units of blocks” (col. 26,                 
          lines 16-18).                                                               
               The examiner argues that “Sato clearly teaches that the                
          color feature vector (Ci), each Ci represents the number of                 
          pixels of color Ci in the block, is a characterization measure              
          that is proportional to the frequency of occupance (how many                
          pixels in the color Ci) in the local histogram of a block”                  
          (answer, eighth page)2.  The appellant’s claims, however, do not            
          require characterizing a block but, rather, require                         
          characterizing an image comprised of partitions (which correspond           

               1 This corresponds to the appellant’s determining a                    
          frequency of occurrence of each color of a plurality of pixels              
          within each of a plurality of partitions.                                   
               2 The pages in the examiner’s answer are not numbered.                 
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