Appeal 2006-2959
Application 10/066,277
Mitsuyama indicates that the image segmentation based on color allows to
discriminate between an object and background pixels of an image.
Therefore, we conclude that one of ordinary skill would have readily
recognized such benefits in order to integrate the color segmentation
mechanism into Esrig’s system to identify spots in a DUT indicating
possible areas of defects.
Next, we find that Jaber’s teachings amount to a computer for
substantially automatically analyzing the image of a concrete sample to
identify the surface features and characteristics of the concrete sample, as
recited in dependent claim 5. We note that in Jaber, the computer
accomplishes a number of functions including (1) operating and controlling
the stage where the concrete specimen is examined; (2) recording linear
traverse coordinate data; (3) calculating air void contents; (4) displaying
analysis results. We also note that in Jaber, with the assistance of the
computer, the operator identifies whether cross hairs are in an air void. One
of ordinary skill in the art, at the time of the invention, would have readily
recognized that Jaber’s suggested use of the computer is substantial in the
evaluation of the concrete sample. In other words, the ordinarily skilled
artisan would have aptly recognized that the use of the computer in the
evaluation of the concrete sample, as taught by Jaber, results in a semi-
automatic system that minimizes the degree of human intervention, as
required by Appellants’ Specification. After considering the entire record
before us, we find that the Examiner did not err in rejecting claims 5, 17, 27,
and 37 as being unpatentable over Jaber.
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