Appeal 2007-2011
Application 09/823,272
Wan discloses (631) that a simple uniform quantization has the
advantage of being straightforward "in the absence of a priori information
about the color distribution of the image database." However, color
distributions are often nonuniform, and a simple uniform quantization
scheme is inefficient for some color spaces (id.). Thus, Wan suggests at
least beginning with a uniform quantization for simplicity, but suggests a
nonuniform further breakdown of the color space. Kothuri discloses (col.
10, l. 42-col. 11, l.31) partitioning a data set repeatedly until each
subdivision or cluster of data points can fit into a node of an R-tree. Kothuri
teaches (col. 3, ll. 5-11) that the disclosed methods provide for efficient
organization of the data to facilitate rapid retrieval. Thus, it would have
been obvious to the skilled artisan to further partition those bins that have a
cluster of data points.
The Supreme Court has held that in analyzing the obviousness of
combining elements, a court need not find specific teachings, but rather may
consider "the background knowledge possessed by a person having ordinary
skill in the art" and "the inferences and creative steps that a person of
ordinary skill in the art would employ." See KSR Int’l v. Teleflex Inc., 127
S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (2007). To be nonobvious, an
improvement must be "more than the predictable use of prior art elements
according to their established functions." Id. Here the combination
proposed by the Examiner appears to be the predictable use of two
organization methods, one after the other, according to their established
functions. Accordingly, we will sustain the obviousness rejection of claims
1, 3, 7, 12, and 13, which were argued together as a single group. Further,
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