Ex Parte Lin - Page 5



                Appeal 2007-0017                                                                                 
                Application 10/074,179                                                                           
                Content of Luo                                                                                   
                       Luo relates to determining the position of a pair of eyes within a                        
                captured image frame using the red-eye effect, which eye location can be                         
                used for spatial normalization of the face for face recognition, model-based                     
                face image compression, etc. (col. 6, ll. 46-56).  In addition, eye movement                     
                and iris motion can be monitored to check if a driver is still alert (col. 6,                    
                ll. 56-57).  Two color frames of an image scene are captured with minimum                        
                delay: one frame is captured with ambient illumination and another frame is                      
                captured with additional illumination (col. 8, ll. 6-11).  Brightness                            
                compensation, differencing, and confirmation operations are performed to                         
                determine a difference image which is then scanned for regions of high                           
                intensity pixel value in the red channel to locate the pupils (col. 8, ll. 12-29).               
                Once the spatial coordinates are obtained, the eye-defect correction may be                      
                performed automatically in the digital camera or the coordinates may be                          
                recorded for correction in a photo-finishing lab (col. 8, ll. 29-36).                            
                Issue 1: Does Ina disclose "checking, in-camera, the photo quality of the                        
                captured image to determine if the photo quality is acceptable"?                                 
                       Arguments                                                                                 
                       The Examiner finds (Final Rejection 5) that the processor 92 and                          
                controller 100 in Ina perform the step of "checking, in-camera, the photo                        
                quality of the captured image to determine if the photo quality is                               
                acceptable."  The Examiner points to Figures 7, 11, and 14, and column 7,                        
                lines 50+, column 8, lines 25+, and column 9, lines 5+.                                          
                                                       5                                                         



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