Invalidity dossier

US 6018397

Digital image processing with indication to user of hardcopy output image quality

Current assignee: Monument Peak Ventures LLC

Added 9/17/2026, 1:50:33 AM

At a glanceNo PTAB challengesNo litigation on fileSoftware Technology & Computing Systems (T)

Active provider: DeepSeek · deepseek-v4-flash

Auto-generating section 1 of 2: Extensions

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll verify the key facts and check for any litigation before summarizing.

Identification

Note on identifiers: I searched on the exact number 6018397. All results below pertain to that patent only; no similar numbers were substituted.

Field Value
Patent number US 6,018,397 B1 (publication US6018397A)
Title Digital image processing with indication to user of hardcopy output image quality
Application no. US 09/023,950
Filing date 1998‑02‑13
Issue/publication date 2000‑01‑25 (grant announced 2000‑01‑13)
Inventors Robert P. Cloutier; Richard B. Wheeler
Original assignee Eastman Kodak Company (Assignment, Reel/Frame 008998/0062; inventors' execution date 1998‑02‑12, recorded 1998‑02‑13)
Current assignee (per Google Patents) Monument Peak Ventures, LLC
Status Expired – Lifetime; anticipated expiration recorded 2018‑02‑13
Claims 2 total — both independent (one apparatus, one method)
Primary CPC H04N1/00132; also H04N1/00135, /00161, /00167, /00188, /2392
Family JP 11‑031570 → JPH11316670A; JP 2008‑152459 → JP4456645B2 (JP2008282412A)
Examiner (per Unified Patents) Kim Yen Vu; Kimberly A. Williams (assistant)

Data conflict flagged: the Google Patents record (authoritative per your instruction) gives filing 1998‑02‑13 and issue 2000‑01‑25. Unified Patents lists priority 1998‑02‑12 and grant 2000‑01‑24 (a one-day offset, consistent with the 1998‑02‑12 inventor execution date on the assignment). I did not auto-correct either value.

Ownership chain (per the legal-events record): Eastman Kodak → Intellectual Ventures Fund 83 LLC (effective 2013‑02‑01, recorded 2013‑04‑17) → Monument Peak Ventures, LLC (effective 2017‑02‑15, recorded 2017‑03‑09); a release by secured party was recorded 2023‑08‑15 (effective 2023‑07‑28). A 2012 security interest to CITICORP NORTH AMERICA, INC. as agent was released 2013‑02‑01.

Abstract (verbatim)

"A digital image processor that establishes a boundary level of acceptable hardcopy print quality level based on selected image print size and printing magnification and provides a warning to the user prior to generation of the hardcopy print that alerts the user when the determined print image quality will be unsatisfactory."

Independent claims — plain language

Claim 1 — apparatus (4 elements, means-plus-function style):

  1. First input — digital image data for an image to be reproduced as a hardcopy at a user-selected size.
  2. Second input — image-quality information for the specific hardcopy reproduction device, representing acceptable vs. unacceptable quality levels produced by that device for different hardcopy sizes at different magnifications.
  3. Third input — intended output parameters, including the user-selected magnification and the user-selected size.
  4. Processor — using the first, second, and third inputs, determines when a hardcopy made from that data would be at an unacceptable quality level.
  5. Indicator — responsive to that determination, tells the user prior to generation of the hardcopy that unacceptable hardcopy quality will result.

Claim 2 — method (the same concept in method form): input, into a digital image processor, parameters for the image to be reproduced (including magnification); provide in the processor device-specific quality information covering acceptable/unacceptable levels across sizes and magnifications; determine in the processor when the image would be unacceptable; and indicate to the user, before the hardcopy is generated, that unacceptable quality will result.

Practical reading: the claims are directed to a pre-print prediction/warning function based on the interaction of (i) the selected print size, (ii) the selected magnification, and (iii) the output device's empirically characterized quality limits. Claim 2's added step of providing the quality information "in said digital image processor" ties the method to the processor.

Enabling basis in the specification (context, not claim language)

  • FIG. 1 shows inputs from a film scanner (incl. APS/IX data), a digital file reader, a network/modem input, and a retail order-entry station, feeding an image-processing computer with a display and keyboard; outputs go to a home printer, a minilab (e.g., Noritsu QSS‑23 series), or a remote lab.
  • FIG. 2's magnification-dependent image-quality determination module 40 drives a display indication at block 52, allows printing at block 54 if quality is acceptable, and lets the user revise size/magnification at block 56. Override is permitted, and in extreme cases the order can be locked out — noted as useful for retail order entry.
  • FIG. 3 plots maximum acceptable printing magnification vs. normal print viewing distance; each line is the acceptable/unacceptable boundary for a given film format, speed, and frame exposure level (examples: "200 N exp" line 60, "400 N exp" line 62, and "200 –2 exp"). Thresholds were set by empirical human-observer tests, and the viewing-distance relationship is said to be linear so that a single demonstration print can be used to calibrate other sizes, formats, films, exposures, and output writers.
  • The specification states the print-viewing-distance relationship is detailed in a commonly assigned prior patent at columns 43–44. In the fetched text I read the reference as U.S. Pat. No. 5,323,204; I could not independently confirm that number through search, so treat it as unverified.
  • Apparent inconsistency in the printed document: the "200 –2 exp" boundary is also given reference numeral "60," duplicating the numeral already assigned to the "200 N exp" line. This looks like an error in the patent as published, but I am reporting the text literally rather than correcting it.
  • Terminology drift: the abstract, Summary, and description use "unsatisfactory," while the granted claims use "unacceptable." Both independent claims recite "unacceptable."

Prior art cited (10 references, per the record)

US4682243 (Dainippon Screen); US4888612 and US4959683 and US4989077 (Fuji Photo Film); US4977521, US5546196, US5619738, US5627016 (Eastman Kodak); US5511137 (Fujitsu); US5751923 (NEC).

Litigation / CAFC check

I searched for this patent against litigation and 2026 Federal Circuit docket references. No lawsuit, IPR/PGR, or CAFC appeal involving US 6,018,397 was found in the search results returned. Two caveats I want to state explicitly rather than overclaim:

  • I could not query PACER/CourtListener/Docket Alarm directly with the tools available, so this is a negative search result, not a verified clearance.
  • The patent's term is recorded as expired on 2018‑02‑13, which makes a 2026 infringement action on this patent unlikely.

Sources consulted: Google Patents (https://patents.google.com/patent/US6018397/en), the granted-PDF text (https://patentimages.storage.googleapis.com/88/8c/04/19fc4a81e8df5d/US6018397.pdf), FreePatentsOnline (https://www.freepatentsonline.com/6018397.html), Unified Patents portal (https://portal.unifiedpatents.com/patents/patent/US-6018397-A), and RPX Insight (https://insight.rpxcorp.com/patent/US6018397A).

If you want, I can next build a claim-chart skeleton for claim 1 against any specific accused product, or map the 50 forward citations (e.g., US7573514 "Digital imaging system with digital zoom warning," US8081227 "Image quality visual indicator," WO2011053480 "Image low resolution warning") as the family of later art that builds on this disclosure.

Generated 9/17/2026, 4:46:58 AM

Cases on file (0)

Specific litigation cases in our database that name US patent 6018397. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll search for litigation involving US patent 6018397 across patent litigation databases.

Let me try more specific sources and queries.

Litigation Search: U.S. Patent No. 6,018,397

I ran targeted searches across patent litigation databases (RPX Insight/Empower, Unified Patents, Docket Alarm/Justia dockets, PacerMonitor, CourtListener, and general web) using the exact number 6,018,397 and variations ("6018397," "6,018,397") together with the patent's known assignees (Eastman Kodak, Intellectual Ventures Fund 83, Monument Peak Ventures).

Result: No litigation specifically naming U.S. Patent No. 6,018,397 was found.

I could not locate any case — district court, ITC, or Federal Circuit — in which U.S. Patent No. 6,018,397 is identified as an asserted patent. Because the search returned MPV's other cases and patents (e.g., the '452, '333, '345, '155, '061, '573, '962 patents) but nothing tying a case to '397 specifically, I am reporting this as a no-known-litigation result rather than guessing at a match.

Important caveats (please treat as material limits on this answer)

  1. I may be missing cases. My ability to search full PACER dockets and the complete RPX/Unified litigation records in this session was limited; the number of search steps available was exhausted before I could exhaustively confirm a negative. Most docket databases also only surface the asserted patents on a case, and if '397 was asserted in a complaint, an amended complaint, or referenced only in an infringement contention served in discovery, it may not appear in an easily searchable aggregated record. A negative search result here is not proof that no suit exists.

  2. What the surrounding record does show. This patent is part of the former Eastman Kodak digital-imaging portfolio that passed to Intellectual Ventures Fund 83 LLC (2013) and then to Monument Peak Ventures, LLC (2017). Monument Peak Ventures is a well-documented active patent plaintiff (numerous suits in E.D. Tex. and W.D. Tex., 2020–2026, against camera, smartphone, and consumer-electronics makers). However, none of the MPV cases I retrieved lists '397 among the asserted patents.

  3. The patent is expired. Per the patent record, the anticipated expiration date was February 13, 2018, and the legal status is "Expired – Lifetime." An expired patent cannot ground a claim for ongoing infringement, which independently makes it much less likely to appear as a currently asserted patent. (Past-infringement damages suits on an expired patent are legally possible within the limitations period, but none appeared in my searches.)

  4. Strict-identifier discipline. I did not substitute any similar-looking patent numbers. Numbers such as 6,018,397 vs. unrelated patents like 6,061,796 or 6,010,718 (which surfaced in search noise) were not treated as matches. Those results are unrelated to this patent.

Recommendation

Before relying on this, verify directly against primary sources:

  • USPTO Patent Center for U.S. Patent No. 6,018,397 (assignment and any litigation-related filings): https://patentcenter.uspto.gov
  • PACER (pacermonitor.com / dockets.justia.com) — search the patent number as a party/patent text string across D. Del., E.D. Tex., W.D. Tex., and D.N.J.
  • RPX Insight and Unified Patents Portal litigation search, entering the exact number.
  • CourtListener / RECAP full-text docket search for "6,018,397" and "6018397."
  • Also check whether it was raised in IPR/PGR or reexamination proceedings (PTAB), which could reveal assertion in litigation even absent a public docket hit.

Bottom line

On the evidence I was able to retrieve: no known litigation involving U.S. Patent No. 6,018,397. I am explicitly flagging this as a search-limited negative finding, not a confirmed absence, and I did not fabricate any case name, number, court, or outcome to fill the gap.

If you can provide or authorize access to PACER/RPX full-text search, I can run a more definitive check.

Generated 9/17/2026, 4:46:48 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the structured data with targeted searches before reporting.

Proceedings overview

Total AIA trial proceedings on file: 0. The USPTO Open Data Portal (ODP) AIA-trial dataset returns no IPR, PGR, or CBM proceeding naming US 6,018,397, and independent web searching surfaced no petition, institution decision, FWD, or Federal Circuit appeal involving this patent. Breakdown by status is therefore: active 0 / claims invalidated 0 / claims sustained 0 / settled 0 / institution denied 0.

Bottom line for a defendant: this is not a "hardened" patent and not a "dead-claims" patent — it is an un-litigated and now-expired patent. There is no IPR history to inherit, which cuts both ways: you get no free claim cancellations to lean on, but you also face no § 315(e)(2) estoppel and no PTAB record. The decisive defensive fact is not a PTAB outcome at all — the patent's 20-year term ran out on 2018-02-13 (Google Patents "Anticipated expiration"; the Unified Patents portal lists the expiration as 2018-02-12), and any damages claim for pre-expiration conduct is now time-barred under 35 U.S.C. § 286. A demand letter citing US 6,018,397 in 2026 is, on its face, asserting an expired patent.


Proceedings (none to report)

No proceeding sections are generated because none exist. For completeness, the required per-proceeding fields map as follows:

  • Proceeding number: none.
  • Type / Filed / Status: N/A.
  • Judge panel: N/A.
  • Petition grounds (§ 102 / § 103 / § 112): N/A.
  • Institution decision: N/A.
  • Final Written Decision: N/A — no claim of US 6,018,397 (claim 1 apparatus; claim 2 method) has ever been canceled, sustained, or even tested at the PTAB.
  • Settlement / termination: N/A.
  • Appeal: N/A.
  • Defensive value: None available from PTAB. The defensive value must be built from the patent's own record (expiration, claim scope, § 101/§ 112 exposure) rather than from an AIA record.

Search false positive — flag, do not rely on

Web search for the number "6018397" returned an unrelated AIA proceeding, IPR2026-00107, [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. HBCU Messaging US LP. That case concerns a different, later-issued patent referred to in the briefing only in shorthand as "the '601 Patent." It is not US 6,018,397, has a different patent owner, different technology (packet-switched messaging), and a different filing date. Do not cite it as activity on this patent. The only two search hits actually tied to US 6,018,397 were (a) the Google Patents page and (b) the Unified Patents portal entry, neither of which lists any PTAB challenge.


Strategic summary

Claim-by-claim status. US 6,018,397 issued with exactly two claims: claim 1 (digital image processing apparatus with first/second/third input means, processing means, and a pre-print indication means) and claim 2 (the corresponding method). Both claims stand untested — not canceled, not sustained, not narrowed, and not subject to any certificate of correction, reexamination, or disclaimer that I could locate. I did not independently pull the Patent Center file wrapper, so I cannot rule out a statutory disclaimer or an ex parte reexamination reexam certificate filed at some point in the 2000–2018 window; that is a cheap verification step (see below), but nothing in the public record I retrieved suggests either occurred.

Estoppel landscape. Because no IPR/PGR/CBM was ever filed, § 315(e)(2) estoppel is empty. Any defendant today could theoretically raise any § 102/§ 103 ground, in any forum, free of estoppel. In practice that freedom is cold comfort: an IPR on an expired patent is a poor investment (the Board has historically been reluctant to institute where the patent has expired and only past damages are at stake, and the patentee cannot amend claims to preserve scope), and the § 286 six-year damages window closed in 2024 for the last possible infringing acts in early 2018.

Pattern signals. No petitioner has ever filed on this patent — no repeat petitioner, no joinder, no Unified Patents or other defensive aggregator IPR in the chain. Chain of title runs Eastman Kodak → Intellectual Ventures Fund 83 LLC (assignment recorded 2013-04-17, effective 2013-02-01) → Monument Peak Ventures, LLC (recorded 2017-03-09, effective 2017-02-15), with a secured-party release recorded 2023-08-15. The Unified Patents portal lists the parent entity as Dominion Harbor Enterprises LLC, consistent with the Monument Peak Ventures / Dominion Harbor monetization program. Note for context: Monument Peak Ventures has been actively litigating in E.D. Tex. in 2025–2026 (e.g., Monument Peak Ventures, LLC v. Arashi Vision Inc. d/b/a Insta360, No. 2:25-cv-00956; Monument Peak Ventures LLC v. Carl Zeiss AG, No. 2:26-cv-00100), but US 6,018,397 does not appear in any of the complaints surfaced, and the patent's expiration makes it an implausible vehicle for a new assertion campaign against current products.

Confidence statement. I am confident about the absence of PTAB activity: the canonical ODP block states zero AIA proceedings, and targeted searching produced no contradicting record. I am not asserting that this patent was never accused in litigation — I did not exhaustively search district-court dockets, and an expired patent can still appear in a case for past damages. Treat the litigation-history point as unverified.


Recommended next steps

  1. If you received a demand or complaint citing US 6,018,397, lead with expiration, not validity. Confirm the term date at the USPTO Patent Center (https://patentcenter.uspto.gov) and pull the maintenance-fee history — the structured data shows 4-, 8-, and 12-year fees paid (2003-06-27, 2007-06-21, 2011-06-22) and "Expired - Lifetime" status with the 2018-02-13 statutory expiration. Then check § 286: the last possible date for which pre-expiration damages could be recovered has passed, so any infringement theory built on this patent is time-barred.
  2. Verify no reissue, reexamination, or disclaimer altered the claims. No AIA trial exists to have done so, but a reexam certificate or statutory disclaimer under 37 C.F.R. § 1.321 would change the claim picture. This is a five-minute check in the Patent Center "Transactions" tab and is the single unresolved item in this report.
  3. If you are evaluating an IPR as a defensive or deterrent move, do not bother. With zero AIA history, the patent is neither invalidity-tested nor estoppel-encumbered, but it is expired — an IPR would spend six figures attacking claims that can no longer be asserted prospectively, and there is no litigation estoppel benefit to gain because there is no parallel assertion worth neutralizing on this patent.
  4. If your interest is the portfolio rather than this patent, the relevant signal is that Monument Peak Ventures / Dominion Harbor is currently active in E.D. Tex. Look at the actually asserted patents in those 2025–2026 complaints (e.g., the Insta360 and Carl Zeiss cases) rather than at US 6,018,397 — that is where PTAB exposure and § 315 estoppel questions will be live. USPTO PTAB decisions are searchable at https://developer.uspto.gov/ptab-api/swagger-ui and dockets at https://www.courtlistener.com.

Caveat on sourcing: no Final Written Decision, institution decision, or Federal Circuit opinion exists for this patent to link, so no such link is provided. Had one existed, it would appear on the PTAB E2E docket. The absence of any proceeding is itself the finding.

Generated 9/17/2026, 4:47:00 AM

Ownership chain (6)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 1998-02-12 · recorded 1998-02-13 · reel 008998/0062 · Assignment

    Robert P. Cloutier; Richard B. WheelerEastman Kodak Company

  2. 2012-02-15 · recorded 2012-02-21 · reel 028201/0420 · Security Agreement

    EASTMAN KODAK COMPANY, PAKON, INC.CITICORP NORTH AMERICA, INC., AS AGENT

    securitization

  3. 2013-02-01 · reel 029913/0001 · Release

    CITICORP NORTH AMERICA, INC., WILMINGTON TRUST, NATIONAL ASSOCIATIONMultiple Kodak entities (Eastman Kodak Company, Pakon, Kodak Realty, NPEC, Qualex, Kodak Americas, Kodak Near East, Kodak Philippines, Kodak Portuguesa, Kodak Imaging Network, Kodak Aviation Leasing, Laser-Pacific Media, Far East Development, Creo Manufacturing America, Eastman Kodak International Capital, FPC Inc., etc.)

    bankruptcy

  4. 2013-02-01 · recorded 2013-04-17 · reel 030231/0487 · Assignment

    Eastman Kodak CompanyINTELLECTUAL VENTURES FUND 83 LLC

    fire-sale

  5. 2017-02-15 · recorded 2017-03-09 · reel 041941/0079 · Assignment

    INTELLECTUAL VENTURES FUND 83 LLCMonument Peak Ventures, LLC

    transfer-to-asserter

  6. 2023-07-28 · recorded 2023-08-15 · reel 064599/0304 · Release

    INTELLECTUAL VENTURES FUND 83 LLCMonument Peak Ventures, LLC

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record details, especially correspondents of record, before assembling the analysis.

The Unified Patents portal surfaced a "Parent Company: Dominion Harbor Enterprises LLC" link. Let me investigate that and the correspondent details.

Let me pin down correspondents of record and the specific reel/frame entries.

Ownership Chain Analysis — U.S. Patent No. 6,018,397

Method note / material limitation: The reel/frame numbers and dates below are taken from the Google Patents legal-events record for this patent (mirroring the underlying USPTO Assignment Center/EPAS records) and cross-checked against SEC filings and secondary NPE-tracker reporting. I could not retrieve the "correspondent of record" (recording attorney/agent) field for the assignment entries in this session — my search budget was exhausted before the Assignment Center correspondent data could be pulled. Rather than invent names, I have flagged every correspondent field as not retrieved and confined the analysis to evidence I can actually cite. This is the single biggest gap in the report and should be closed directly at the Assignment Center before any correspondent-recurrence finding is relied upon.


Inventors

Inventor Employer at filing
Robert P. Cloutier Eastman Kodak Company (inferred from the inventor-to-Kodak assignment, reel 008998/0062)
Richard B. Wheeler Eastman Kodak Company (same)

Both inventors executed the original assignment to Eastman Kodak Company, effective 1998-02-12, recorded 1998-02-13 at reel 008998/0062. This is a straightforward employee-assignment pattern (both are assignors to the corporate employer on the same instrument), which is the normal Kodak practice and not, by itself, unusual.

Unusual-pattern check: No evidence was found that either inventor departed Kodak (or that any inventor-related reassignment occurred). The patent remained with Kodak for ~15 years, through issuance (2000) and until the 2013 Kodak bankruptcy patent sale. There is therefore no early-departure / pre-fire-sale signal in the inventor record. (Caveat: I have no employment-history data for either inventor beyond the assignment itself.)


Original assignee

Eastman Kodak Company (Rochester, New York) is the original and first assignee on the face of the patent and per reel 008998/0062.

  • Primary line of business: Photographic film, cameras, and digital imaging; at filing (1998), the dominant US photography/imaging company.
  • Did it ship a product embodying the claims? Yes — credibly. The specification describes an image-processing computer with a "hardcopy output image quality assessment tool" intended for exactly the kind of home/personal film-scanner and digital-printer workflow Kodak was selling at the time (Kodak Picture Network is even named in the spec as an input source). The claims are software-method/apparatus claims, so a "product" reading is the film-scanner + photo-editing software ecosystem Kodak and its licensees offered, not a single discrete hardware SKU.
  • Current status: Eastman Kodak Company filed Chapter 11 in January 2012 and sold its digital-imaging patent portfolio out of bankruptcy (see timeline). It reorganized and remains an operating company today, but it no longer owns this patent.

Assignment timeline

All entries below are recorded assignments of record for this patent (Google Patents legal events, sourced from USPTO assignment records).

  • 1998-02-12 (executed) / recorded 1998-02-13 — Reel 008998/0062

    • Conveyance: Assignment
    • Assignor: Robert P. Cloutier; Richard B. Wheeler
    • Assignee: Eastman Kodak Company
    • Correspondent: not retrieved (Assignment Center correspondent field not pulled this session)
    • Context: Initial inventor-to-employer assignment.
  • 2012-02-15 (executed) / recorded 2012-02-21 — Reel 028201/0420

    • Conveyance: Security Agreement / Security Interest (grant of collateral)
    • Assignor: Eastman Kodak Company; Pakon, Inc.
    • Assignee: Citicorp North America, Inc., as Agent
    • Correspondent: not retrieved
    • Context: Securitization — Kodak's post-petition debtor-in-possession financing collateral package; this patent was swept into the lender's security interest.
  • 2013-02-01 (executed) / recorded 2013-02-01 — Reel 029913/0001

    • Conveyance: Release (Patent Release)
    • Assignor: Citicorp North America, Inc.; Wilmington Trust, National Association
    • Assignee: Multiple Kodak entities (Eastman Kodak Company, Pakon, Kodak Realty, NPEC, Qualex, Kodak Americas, Kodak Near East, Kodak Philippines, Kodak Portuguesa, Kodak Imaging Network, Kodak Aviation Leasing, Laser-Pacific Media, Far East Development, Creo Manufacturing America, Eastman Kodak International Capital, FPC Inc., etc.)
    • Correspondent: not retrieved
    • Context: Release of the 2012 security interest at the closing of the bankruptcy portfolio sale — a portfolio-wide bulk recording, not specific to '397.
  • 2013-02-01 (executed) / recorded 2013-04-17 — Reel 030231/0487

    • Conveyance: Assignment of Interest (PATENT SALE AGREEMENT)
    • Assignor: Eastman Kodak Company
    • Assignee: Intellectual Ventures Fund 83 LLC (a Delaware LLC, Las Vegas, NV address — 7251 W Lake Mead Blvd, Ste 300)
    • Correspondent: not retrieved
    • Context: Bankruptcy fire-sale. Kodak sold its digital-imaging portfolio to IV Fund 83 under the Dec 18, 2012 Patent Sale Agreement for ~$527 million, funded by an IV-organized licensee consortium including RPX, Adobe, Amazon, Apple, Facebook, FUJIFILM, Huawei, Google, HTC, Microsoft, RIM, Samsung, and Shutterfly (Kodak Form 8-K, Dec 2012; Bankruptcy Court SDNY Final Sale Order). Executed 2013-02-01, recorded 2013-04-17.
  • 2017-02-15 (executed) / recorded 2017-03-09 — Reel 041941/0079

    • Conveyance: Assignment of Interest (ASSIGNMENT OF PATENT RIGHTS)
    • Assignor: Intellectual Ventures Fund 83 LLC
    • Assignee: Monument Peak Ventures, LLC (a Texas LLC; addresses of record 1400 Preston Road, Suite 400, Plano, TX 75093 and 200 Crescent Court, Suite 1550, Dallas, TX 75201)
    • Correspondent: not retrieved
    • Context: Transfer-to-asserter. The assignment expressly conveys "all causes of action and enforcement rights … for past, current and future infringement." MPV is a Dominion Harbor Enterprises, LLC entity; per an RPX/Mondaq report, MPV "was incorporated in Texas in December 2016 by Dominion's litigating affiliate Monument Patent Holdings, LLC."
  • 2023-07-28 (executed) / recorded 2023-08-15 — Reel 064599/0304

    • Conveyance: Release by Secured Party
    • Assignor (releasing party): Intellectual Ventures Fund 83 LLC
    • Assignee (released party): Monument Peak Ventures, LLC
    • Correspondent: not retrieved
    • Context: Closing/clean-up of a retained security interest running from the 2017 IV→MPV transfer; not a change of ownership. (Note the apparent inversion: IV Fund 83 is listed as the releasing secured party even though it was the assignor in 2017 — consistent with IV Fund 83 holding a residual lien over the transferred assets.)

No pre-1998 or post-2023 ownership records exist. The last recorded event (2023) is a lien release, so the current owner of record remains Monument Peak Ventures, LLC.


Timeline diagram

timeline
    title Ownership of US 6018397
    1998 : Filed by Eastman Kodak
         : Inventors assign rights to Kodak
    2000 : Patent issues
    2012 : Kodak files Chapter 11
         : Citicorp security interest recorded
    2013 : Security interest released
         : Assigned to Intellectual Ventures Fund 83
    2017 : Assigned to Monument Peak Ventures
    2018 : Anticipated expiration reached
    2023 : Secured party release recorded

NPE / troll-pattern signals

1. Shell-entity transfer — PRESENT.
Two links qualify. IV Fund 83 is a Delaware holding LLC with a Las Vegas registered-office-style address (reel 030231/0487). More decisively, Monument Peak Ventures is a Texas LLC incorporated in December 2016 by Monument Patent Holdings, LLC, Dominion Harbor's litigating arm (RPX/Mondaq, 2018); its own litigation adversary alleged in a filed complaint that "MPV does not exist to invent new ideas, make products or provide services to consumers. It exists to acquire and then assert patents." It is a single-purpose acquisition/assertion vehicle (reel 041941/0079), not an operating company.

2. Known asserter in the chain — PRESENT.
Both post-Kodak assignees are established NPEs. Intellectual Ventures is one of the largest patent-assertion organizations; Monument Peak Ventures is listed on the Stanford NPE Litigation Database and described by Unified Patents as "an NPE and Dominion Harbor entity," and by RPX as "the Dominion Harbor Enterprises LLC plaintiff" running "the litigation over its large portfolio of former Eastman Kodak patents." (Reels 030231/0487 and 041941/0079.)

3. Repeat correspondent across the chain — UNCLEAR (not retrieved).
Because the Assignment Center correspondent fields were not pulled this session, I cannot verify whether a single attorney/firm of record handled reels 028201/0420, 029913/0001, 030231/0487, and 041941/0079. Given the emphasis on this signal: it should be checked directly, and the recurring correspondent for the IV→Dominion "peak ventures" family (Sovereign, Vista, Monument, etc.) is the highest-value target. No finding is possible on current data.

4. Cascading transfers — PARTIALLY PRESENT.
Reel 029913/0001 (release) and reel 030231/0487 (assignment) were both executed 2013-02-01, and reels 028201/0420 (2012) → 029913/0001030231/0487 form a tight securitization-then-closing chain. The IV→MPV step (2017) came ~4 years later, so the <24-month cascade test is not met across the whole chain, but the 2012–2013 cluster is a coordinated bankruptcy-closing sequence rather than independent arms-length trades.

5. Pre-litigation transfer — UNCLEAR / NOT PRESENT for '397 specifically.
The IV→MPV assignment executed 2017-02-15; MPV's first assertion campaign (GoPro, SZ DJI, Hasselblad) began 2018-03-16 — roughly 13 months later, outside the 6-month window. Critically, U.S. 6,018,397 itself has not been identified in any MPV complaint (see the earlier litigation section; the Xerox DJ action lists MPV patents-in-suit 5,923,908 / 6,157,436 / 6,215,559 / 6,396,599 / 6,873,336 / 7,006,890 / 7,092,966 / 7,684,090 — not '397). So the "arranged-to-assert" inference applies to the portfolio, not demonstrably to this patent.

6. Bankruptcy fire-sale — PRESENT.
Kodak Chapter 11; the portfolio including this patent was sold to IV Fund 83 under the Dec 18, 2012 Patent Sale Agreement for ~$527M, closing by executed assignment 2013-02-01 / recorded 2013-04-17 at reel 030231/0487. This is a textbook (and court-approved) bankruptcy fire-sale.

7. Privateering — NOT PRESENT.
This was an outright sale out of bankruptcy, not Kodak sponsoring an NPE to sue its competitors. Kodak took back only grant-back licenses; it did not appear to direct MPV's later assertions. The IV/RPX licensee consortium is better characterized as a defensive-flavored funding vehicle that later resold the assets — not canonical privateering by Kodak.

8. Defensive aggregator (anti-NPE) — NOT PRESENT.
Although RPX Corporation was a member of the IV-organized licensee consortium that funded the original purchase (SEC 8-K, Dec 2012), RPX took a license, not ownership. The chain does not terminate at RPX, AST, LOT, Unified, or OIN — it terminates at Monetization vehicle Monument Peak Ventures, an active plaintiff. The patent was not neutralized.


Verdict

NPE — high confidence.

The chain runs Eastman Kodak → (Citicorp security interest, released) → Intellectual Ventures Fund 83 LLC (reel 030231/0487, executed 2013-02-01, bankruptcy fire-sale) → Monument Peak Ventures, LLC (reel 041941/0079, executed 2017-02-15, conveying all enforcement rights), a Texas LLC formed in Dec 2016 by Dominion Harbor's litigation arm and repeatedly characterized by courts, Unified Patents, RPX, and the Stanford NPE database as a non-practicing assertion entity. This stacks at least three strong signals — known-asserter-in-chain, shell/single-purpose-entity transfer, and bankruptcy fire-sale — which clears the "2+ strong signals" bar.

Verification links:


Cross-reference notes vs. the earlier litigation section

  • Consistent: The prior section found no litigation naming '397. This ownership review confirms the portfolio around it is heavily asserted (MPV against GoPro, DJI, Hasselblad, Bosch, Tesla, Samsara, TP-Link, Kyocera, OpenText, etc.) but I also found no MPV pleading listing '397 — the two sections agree.
  • New fact not in the earlier section: the Unified Patents portal links the patent's parent company to Dominion Harbor Enterprises LLC, and the '397 patent is expired (anticipated expiration 2018-02-13), consistent with the earlier note that it is "Expired – Lifetime." An expired patent still supports past-damages assertions within the limitations period, so expiration does not by itself rule out assertion.
  • Minor factual discrepancy to flag: Google Patents shows the priority/prior-art date as 1998-02-13 and anticipated expiration 2018-02-13, whereas the Unified Patents portal lists priority date 1998-02-12 and expiration 2018-02-12. The one-day delta reflects the execution date (1998-02-12) vs. the filing date (1998-02-13); neither changes any ownership conclusion.

Generated 9/17/2026, 4:47:29 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research each cited reference to build accurate prior-art profiles for U.S. Patent No. 6,018,397.

Let me research the remaining cited references.

Prior-Art Analysis — U.S. Patent No. 6,018,397

Patent: U.S. 6,018,397 (application 09/023,950) — "Digital image processing with indication to user of hardcopy output image quality"
Inventors: Robert P. Cloutier; Richard B. Wheeler
Original assignee: Eastman Kodak Company
Filed / Priority: 1998‑02‑13 | Granted: 2000‑01‑25 | Status: Expired – Lifetime (anticipated expiration 2018‑02‑13)
Claims: 2 (1 apparatus, 1 method)


1. Scope note and method

Per the strict-identifier rule, I treated "6018397" as literally identical to U.S. Patent No. 6,018,397 and did not substitute any look‑alike number.

The prior art that matters here is the set of 10 references cited on the face of the patent (Examiner‑cited), which I reproduce and profile below. I also flag U.S. Pat. No. 5,323,204, which is cited in the patent's own specification (col. 43–44) but not in the face citation list.

Important framing: all 10 references are cited references, meaning the Examiner considered each and still allowed claims 1 and 2. Accordingly, none of them anticipates either issued claim in full. The correct analytical label is "closest prior art / could support a § 102 or § 103 challenge to a sub‑combination," not "anticipates." I state that explicitly per reference rather than overclaiming § 102 hits.

Confidence disclosure: Descriptions for US 4,682,243; US 4,959,683; US 5,751,923; US 5,546,196; and US 5,627,016 are grounded in retrieved full‑text/abstract pages (URLs given). Descriptions for US 4,888,612; US 4,989,077; US 5,511,137; US 4,977,521; and US 5,619,738 are title/record‑derived — I exhausted my search budget before retrieving full text for those, so treat their technical characterizations as lower confidence.


2. The two issued claims (the target)

Claim 1 (apparatus):
(a) first input means — digital image data for an image to be reproduced at a user‑selected size;
(b) second input means — image‑quality information relating to the hardcopy reproduction device, representative of acceptable and unacceptable levels for different hardcopy image sizes at different levels of image magnification;
(c) third input means — intended output parameters including user‑selected magnification and size;
(d) processing means responsive to (a)–(c) to determine when an unacceptable level of image quality would result;
(e) means to indicate to the user, prior to generation of the hardcopy output image, that an unacceptable level will result.

Claim 2 (method): the method counterpart of the same four steps.

The inventive core is the pairing of (i) a magnification‑/size‑dependent hardcopy quality threshold derived from device/film characteristics with (ii) a pre‑print user warning.


3. Examiner‑cited references (face of the patent)

# Patent Assignee Priority / Pub. date Subject § 102 relevance to '397
1 US 4,682,243 Dainippon Screen 1984‑03‑30 / 1987‑07‑21 Magnification‑ratio conversion Does not anticipate cl. 1 or 2
2 US 4,888,612 Fuji Photo Film 1987‑06‑05 / 1989‑12‑19 Photographic printing system Does not anticipate
3 US 4,959,683 Fuji Photo Film 1987‑05‑20 / 1990‑09‑25 Photographic picture display / elemental prints Does not anticipate
4 US 4,989,077 Fuji Photo Film 1988‑02‑26 / 1991‑01‑29 Photographic printer with monitor Does not anticipate
5 US 5,511,137 Fujitsu 1988‑04‑07 / 1996‑04‑23 Image magnification Does not anticipate
6 US 4,977,521 Eastman Kodak 1988‑07‑25 / 1990‑12‑11 Film noise reduction (Bayes theorem) Does not anticipate
7 US 5,751,923 NEC 1994‑12‑27 / 1998‑05‑12 Bidirectional printer interface; print‑abnormality notification Closest art — does not anticipate
8 US 5,546,196 Eastman Kodak 1995‑02‑17 / 1996‑08‑13 Supplemental photofinishing data system Does not anticipate
9 US 5,619,738 Eastman Kodak 1995‑05‑02 / 1997‑04‑08 Pre‑processing image editing Does not anticipate
10 US 5,627,016 Eastman Kodak 1996‑02‑29 / 1997‑05‑06 Photofinishing photosensitive film Does not anticipate

(Dates are as listed in the patent's own citation table, i.e., priority date / publication date.)


4. Per‑reference profiles

Reference 7 — US 5,751,923 (NEC) — most relevant

  • Full citation: U.S. Pat. No. 5,751,923, "Bidirectional printer interface having function of notifying print data abnormalities from printer to host unit," NEC Corporation; priority 1994‑12‑27, issued 1998‑05‑12.
  • URL: https://patents.google.com/patent/US5751923 · https://insight.rpxcorp.com/patent/[US5751923A](/patent/US5751923A)
  • Description: A printer interface in which a host‑side print‑monitoring controller and a printer‑side analyzer compare print data against stored "environment data." If a discrepancy or data error is detected, the printer notifies the host before the print processing is executed, and the host displays an interactive confirmation message to the user. The stated purpose is precisely to avoid wasting paper — "the user cannot find them until the data is printed on a paper, print papers are wasted in vain."
  • § 102 assessment: This is the only cited reference that teaches the pre‑print user notification element (claim 1(e); claim 2's final step). It does not disclose element (b) — image‑quality information defining acceptable vs. unacceptable hardcopy image quality as a function of hardcopy image size and magnification — nor element (d)'s quality‑level determination. Its comparison is of print‑data/environment mismatch, not of image quality versus magnification. It therefore cannot anticipate claim 1 or claim 2. It is the strongest single reference for a § 103 obviousness argument on the "warn the user before printing" sub‑element.

Reference 6 — US 4,977,521 (Eastman Kodak)

  • Full citation: U.S. Pat. No. 4,977,521, "Film noise reduction by application of Bayes theorem to positive/negative film," Eastman Kodak Company; priority 1988‑07‑25, issued 1990‑12‑11.
  • Description (title/record‑derived): Signal‑processing technique for reducing film grain/noise using a Bayesian estimator across positive and negative film. Relevance to '397 is indirect: the physical basis of the '397 quality threshold is that scanner/film noise (grain) becomes visible/objectionable as magnification grows.
  • § 102 assessment: Discloses no user‑selected size, no magnification‑dependent quality threshold table, and no warning. Does not anticipate claim 1 or 2. Could be cited only as background on how image noise degrades with enlargement.

Reference 3 — US 4,959,683 (Fuji Photo Film)

  • Full citation: U.S. Pat. No. 4,959,683, "Photographic picture display, apparatus and method of making elemental prints thereof," Fuji Photo Film Co., Ltd.; priority 1987‑05‑20, issued 1990‑09‑25.
  • URL: https://patents.google.com/patent/US4959683 · https://www.freepatentsonline.com/4959683.html
  • Description: A photo‑finishing printer diverts a single frame into a matrix of sub‑divisions, individually enlarged enormously ("considerably large magnification ratio") and printed as elemental prints assembled into a large display. Explicitly concerned with the cost/magnification limits of large prints.
  • § 102 assessment: Addresses magnification and print size, but has no hardcopy quality‑threshold model, no quality assessment, and no user warning. Does not anticipate claim 1 or 2.

Reference 1 — US 4,682,243 (Dainippon Screen)

  • Full citation: U.S. Pat. No. 4,682,243, "Magnification ratio conversion in image reproduction," Dainippon Screen Mfg. Co., Ltd.; priority 1984‑03‑30, issued 1987‑07‑21.
  • URL: https://patents.google.com/patent/US4682243
  • Description: Hardware/algorithm for variable magnification‑ratio conversion in electronic image reproduction, with averaging/subsampling to reduce moiré. Purely a magnification‑mechanism invention.
  • § 102 assessment: Discloses magnification conversion only. No user‑selected size input, no quality information, no quality determination, no indication. Does not anticipate claim 1 or 2.

Reference 4 — US 4,989,077 (Fuji Photo Film)

  • Full citation: U.S. Pat. No. 4,989,077, "Photographic printer with monitor," listed assignee "Photo Film Co., Ltd."; priority 1988‑02‑26, issued 1991‑01‑29.
  • Note: the patent's citation table renders the assignee as "Photo Film Co., Ltd." I preserve that literal entry; it corresponds to the Fuji Photo Film family of printer‑with‑CRT art.
  • Description (title/record‑derived): A photographic printer incorporating a monitor for previewing/inspecting an image to be printed.
  • § 102 assessment: A preview monitor is a display element adjacent to the '397 warning display, but this reference does not disclose a magnification‑dependent quality threshold or an automatic unacceptable‑quality determination. Does not anticipate claim 1 or 2.

Reference 2 — US 4,888,612 (Fuji Photo Film)

  • Full citation: U.S. Pat. No. 4,888,612, "Photographic printing system," Fuji Photo Film Co., Ltd.; priority 1987‑06‑05, issued 1989‑12‑19.
  • Description (title/record‑derived): Photographic printing system of the minilab/enlarger type.
  • § 102 assessment: No digital image input, magnification‑dependent quality model, or pre‑print quality warning. Does not anticipate claim 1 or 2.

Reference 5 — US 5,511,137 (Fujitsu)

  • Full citation: U.S. Pat. No. 5,511,137, "Process and apparatus for image magnification," Fujitsu Limited; priority 1988‑04‑07, issued 1996‑04‑23.
  • Description (title/record‑derived): Method/apparatus for magnifying images (e.g., interpolation/scaling).
  • § 102 assessment: Magnification processing only; nothing on quality thresholds or user notification. Does not anticipate claim 1 or 2.

Reference 9 — US 5,619,738 (Eastman Kodak)

  • Full citation: U.S. Pat. No. 5,619,738, "Pre‑processing image editing," Eastman Kodak Company; priority 1995‑05‑02, issued 1997‑04‑08.
  • Confidence: title/record‑derived only (search budget exhausted; I did not retrieve full text — flagging this explicitly).
  • Description (title/record‑derived): Editing of image data in a pre‑processing stage of a digital photofinishing/image‑processing pipeline.
  • § 102 assessment: User editing of image parameters is adjacent to the '397 "user‑selected size/zoom/crop" inputs, but there is no disclosure of a magnification‑dependent hardcopy quality threshold or a warning. Does not anticipate claim 1 or 2.

Reference 8 — US 5,546,196 (Eastman Kodak)

  • Full citation: U.S. Pat. No. 5,546,196, "Supplemental photofinishing data system," Eastman Kodak Company; priority 1995‑02‑17, issued 1996‑08‑13.
  • URL: https://www.sumobrain.com/patents/us/Supplemental-photofinishing-data-system/5546196.html
  • Description: System that retrofits an existing minilab with a digital scanner plus a magnetic‑strip reader so films bearing magnetic (APS‑type) information can be processed; adapts scanned image + magnetic data to the station, with outputs to paper tape, floppy, or hard‑wired interfaces, and backprinting of magnetic information.
  • § 102 assessment: Relevant to the '397 input side — the '397 specification expressly contemplates APS/IX film‑type and aspect‑ratio data feeding the quality determination. But US 5,546,196 contains no quality‑threshold computation, no magnification‑dependent acceptability model, and no warning. Does not anticipate claim 1 or 2.

Reference 10 — US 5,627,016 (Eastman Kodak)

  • Full citation: U.S. Pat. No. 5,627,016, "Method and apparatus for photofinishing photosensitive film," Eastman Kodak Company (inventor Joseph A. Manico); priority 1996‑02‑29, issued 1997‑05‑06.
  • URL: https://patents.google.com/patent/US5627016
  • Description: A dry/"Bi‑Mat"‑style photofinishing apparatus that thrusts film from a cartridge, applies an activator via a donor web, scans the developed images digitally, and prints them — including a customer interface for order information.
  • § 102 assessment: This is a film‑development/photofinishing hardware reference. It touches the "order entry / customer interface" environment in which '397's warning could operate, but discloses none of the four claim‑1 elements in combination. Does not anticipate claim 1 or 2.

5. Additional reference cited in the specification (not on the face list)

U.S. Pat. No. 5,323,204 (Eastman Kodak) — highly material

  • Grounding: The '397 specification states: "The print viewing distance relationship employed herein is fully detailed in commonly assigned U.S. Pat. No. 5,323,204 in columns 43–44."
  • Significance: '397's claim 1(b)/claim 2 "image quality information … for different hardcopy image sizes at different levels of image magnification" is the normal‑viewing‑distance vs. maximum‑acceptable‑magnification relationship disclosed in US 5,323,204. This reference is therefore the substantive antecedent for the quality‑threshold data structure that the '397 claims recite, even though the '397 inventors characterize it as incorporated background rather than as the invention.
  • § 102 assessment: US 5,323,204 supplies the quality‑vs‑print‑size/viewing‑distance relationship, but does not disclose the user‑selected‑size/magnification inputs combined with a pre‑print warning to the user. It does not anticipate claim 1 or 2; it is, however, the most likely § 103 combination partner with US 5,751,923 (or US 4,989,077) in any validity challenge.
  • Caveat: I did not retrieve US 5,323,204's full text in this session; the linkage above rests on the '397 specification's own express incorporation statement, which is itself the most reliable evidence of the relationship.

6. Bottom line

  1. No cited reference anticipates claim 1 or claim 2 under § 102. Each is missing at least the claim‑1(b) "acceptable/unacceptable hardcopy quality for different hardcopy image sizes at different levels of image magnification" element and the (d)+(e) quality‑determination‑and‑warning combination.
  2. Most relevant single reference: US 5,751,923 (NEC) — because it independently teaches the notify‑the‑user‑before‑printing to avoid wasted media concept, which is the strongest single point of attack against the '397 warning element.
  3. Most relevant for the threshold‑model element: U.S. Pat. No. 5,323,204 (Kodak), cited in '397's own specification as the source of the viewing‑distance/maximum‑magnification relationship. In combination with US 5,751,923 (or US 4,989,077's preview monitor), this is the natural § 103 pairing.
  4. The remaining citations (US 4,682,243; 4,888,612; 4,959,683; 4,989,077; 5,511,137; 4,977,521; 5,546,196; 5,619,738; 5,627,016) are background/supporting art touching magnification, film processing, photofinishing data, or film noise — none reaches the claimed quality‑assessment‑and‑warning combination.
  5. Also note: the "Cited By" and "Similar Documents" lists in the record are largely post‑1998 publications (e.g., US 20030058457, US 20030126316, US 20060170793, US 20110102829, US 8,081,227) and therefore cannot be § 102 prior art against a 1998‑02‑13 priority date; they are useful only as forward‑citation/obviousness‑context evidence.

Caveats on this answer:

  • Descriptions marked "title/record‑derived" (US 4,888,612; US 4,989,077; US 5,511,137; US 4,977,521; US 5,619,738) are lower‑confidence — I could not retrieve full text before exhausting my search budget. Verify against the primary documents at USPTO Patent Center / Google Patents before relying on them.
  • I did not find or retrieve a prosecution history (office actions, rejections) for the '397 application, so I cannot say on the record which of these references the Examiner actually applied and how the claims were distinguished. That history would materially sharpen the "which reference is most dangerous" conclusion, and I am flagging that gap rather than inferring it.

Generated 9/17/2026, 4:47:31 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis in the prior-art references on the patent's face, verifying key references before building the § 103 combinations.

Good grounding. Let me verify the remaining material references — particularly the NEC notification reference and the Fuji display/print reference.

Obviousness Analysis — U.S. Patent No. 6,018,397 under 35 U.S.C. § 103

Analyst memo. Builds on the prior litigation section (no litigation found; no contradiction with anything below). Analysis is based on the "Patent Citations (10)" list and the specification's own citation on the Google Patents page for US 6,018,397, plus verification searches run for specific references.


0. A threshold flag on what counts as prior art

The page lists three different art sets. Only one of them is available against this patent:

Set on the page Available against '397?
Patent Citations (10) — references cited by the examiner Yes — all pre-date the 1998-02-13 priority date
US 5,323,204, cited in the specification itself ("columns 43–44") Yes — granted 1994-06-21
Cited By (50 / 125) — e.g. GB2384601 ("Warning of printer setting effect on print output"), US 7,573,514 ("digital zoom warning"), US 8,081,227 (Adobe "Image quality visual indicator"), US 2011/0102829 ("Image size warning") No — all post-date 1998-02-13 and are therefore not §102/§103 prior art. They are not used as references below; they are noted only as evidence of the field's later trajectory.

Prior-art basis per reference:

Ref Grant Earliest US filing Basis
US 4,682,243 (Dainippon Screen) 1987-07-21 1984-03-30 §102(b)
US 4,888,612 (Fuji) 1989-12-19 1987-06-05 §102(b)
US 4,959,683 (Fuji) 1990-09-25 1987-05-20 §102(b)
US 4,977,521 (Kodak) 1990-12-11 1988-07-25 §102(b)
US 4,989,077 (Fuji) 1991-01-29 1988-02-26 §102(b)
US 5,323,204 (Kodak) 1994-06-21 1992-11-03 §102(b)
US 5,511,137 (Fujitsu) 1996-04-23 1988-04-07 §102(b)
US 5,546,196 (Kodak) 1996-08-13 1995-02-17 §102(b)
US 5,619,738 (Kodak) 1997-04-08 1995-05-02 §102(a)/(e)
US 5,627,016 (Kodak) 1997-05-06 1996-02-29 §102(a)/(e)
US 5,751,923 (NEC) 1998-05-12 (post-filing) 1994-12-27 §102(e)(2) — available as of its 1994-12-27 filing date

US 5,751,923 is the one to watch: it granted after '397's filing date, so it is not §102(a)/(b) art, but because its U.S. application was filed 1994-12-27 it is §102(e)(2) art for everything it discloses. That is how it appears as an examiner citation.


1. The claims, decomposed

Both claims are independent; there are no dependent claims. Claim 1 is an apparatus claim in means-plus-function form (§112 ¶6 pre-AIA), which is analytically important — see §6 below.

Limitation Claim 1 (apparatus) Claim 2 (method)
A First input means: digital image data for an image to be reproduced at a user-selected size "inputting … parameters pertaining to a digital image … said parameters including image magnification"
B Second input means: "image quality information relating to a hardcopy output image reproduction device, said image quality information being representative of acceptable and unacceptable levels of hardcopy image quality produced with said … device for different hardcopy image sizes at different levels of image magnification" "providing … image quality information representative of acceptable and unacceptable levels of hardcopy image quality produced with said … device for different hardcopy image sizes at different levels of image magnification"
C Third input means: intended output parameters, incl. user-selected magnification and size (magnification, per A)
D Processing means responsive to A+B+C to determine when the image would be unacceptable "determining … when an image produced on said device would present an unacceptable level of image quality"
E Indicating to the user prior to generation of the hardcopy that an unacceptable level will result "providing … prior to generation … an indication that an unacceptable level … will result"

Limitation B is the only genuinely distinctive element. A, C, D and E are each individually old in photofinishing; B is the pre-characterized, device-specific quality boundary expressed as a function of print size × magnification. Everything below turns on B, and on whether it would have been obvious to reach B by combining '204 with a print-size/magnification selection system.

Note also that the specification expressly concedes the methodology of B: "The print viewing distance relationship employed herein is fully detailed in commonly assigned U.S. Pat. No. 5,323,204 in columns 43-44." An inventor's admission that the operative algorithm comes from a prior patent is strong §103 evidence and materially shortens the distance the claims must travel.


2. What each reference supplies

Verified by search during this analysis:

  • US 5,323,204 (Kodak) — display-size factor, blur-circle criteria, reproduction magnification ratio, and the viewing-distance relation Vd = 3.64 + 11.34·log₁₀(D) where D is print diagonal. Claim 5 expressly teaches accessing the display-size factor from a look-up table. This is the source of '397's FIG. 3 linear quality boundary. It is prior art and admitted as the basis of the invention.
  • US 5,619,738 (Kodak) — hybrid camera; the user selects print format, zoom ratio, pan and crop on an electronic display via movable markers (element 66 sets "the level of zooming"; percent enlargement displayed). Critically, the microprocessor "only permits editing selections that are possible with standard sizes of photographic products" and "A look-up table [is] provided … including the known standards." That is user-selected size + user-selected magnification + a stored table of output-product size constraints — the architecture of limitation B.
  • US 4,989,077 (Fuji) — photographic printer with a CRT monitor displaying a simulated finished print for inspection before the print-start key is pressed, and showing the image enlarged so the operator can perform trimming (cropping) on-screen. This is "indicate before generation."
  • US 5,546,196 (Kodak) — magnetic-strip/APS data reading on a film scanner plus a control system with a display and keyboard; supplies the film-type/frame-specific metadata channel that '397's FIG. 2 blocks 44–46 consume.
  • US 5,751,923 (NEC) — bidirectional printer interface that analyzes print data against stored environment data "prior to the execution of the print processing" and notifies the user of the discrepancy on the host display or by voice through a loudspeaker. The stated problem: "if there is an error in print data or a contradiction to environment data, as the user cannot find them until the data is printed on a paper, print papers are wasted in vain." This is '397's motivation sentence, verbatim in substance, plus '397's "text on the display … and/or an audible alarm (e.g. chime sound)" warning modality.

Not verifiable within this session's search budget (I will not overstate them): US 4,682,243, US 4,888,612, US 4,959,683, US 4,977,521, US 5,511,137, US 5,627,016. Based on their titles and dates, they plausibly supply (i) magnification-ratio/reproduction-scale computation ('243, '137), (ii) photographic printing with size/magnification control ('612), (iii) display-and-elemental-print generation ('683 — a moderate substitute for '077), (iv) film-type/exposure-dependent image degradation such as graininess ('521 — the reason quality falls with magnification), and (v) film-dependent photofinishing parameters ('016). Treat those five as unverified characterizations.


3. Ground 1 — '738 + '204 + '923 (+ '196)

Proposed combination: '738 as primary (user-selected print size/zoom/crop via display with a lookup table of standard output sizes) + '204 (lookup-table quality model keyed to print size and reproduction magnification through viewing distance) + '923 (pre-print comparison of the user's job parameters against stored data, with display/audible notice to the user).

  • A → '738 (electronic image on panel 48, format selection via element 56, zoom via element 66).
  • C → '738 (format, zoom, crop, orientation).
  • B → '204 (per-device, per-size, per-magnification quality boundary, computed from a look-up table of display-size factors) combined with '738's own look-up table of output-product standards. '196 adds film-type/frame data so the boundary can be indexed per film as in '397 FIG. 3.
  • D/E → '923 (compare against stored data before printing; notify user via display or speaker).

Motivation: '923 states the motivation explicitly — avoid wasting paper by catching job/data problems before printing. '738 states the market motivation — the amateur workflow (develop first, submit again, buy two prints) is "cumbersome and inaccurate." Both point at pre-print feedback. A POSITA adding a pre-print quality comparison to '738's editor would be doing exactly what '738's own logic calls for.

Weakness of Ground 1: '204 is a camera-exposure patent (extra system speed, blur circle, flash guide numbers), not a printer-warning patent, and '923's "abnormality" is a data/environment mismatch, not an aesthetic quality judgment. A patent owner would argue the combination requires a re-purposing step. Rebuttal: '397 itself does precisely that re-purposing and calls the '204 relationship ready-made for it ("simplifies the calculation of maximum acceptable magnification for … output writer device characteristics").


4. Ground 2 — '077 (or '683) + '243 / '137 + '521 / '016 + '923

Proposed combination: '077 as primary (monitor-simulated finished print displayed before printing, with on-screen enlargement/trimming) + '243 or '137 (magnification-ratio computation) + '521 (film-type/noise dependence of image quality) or '016 (film-dependent photofinishing parameters) + '923 (pre-print user notification).

  • E is squarely taught by '077 — the simulated print is inspected and corrected before the print-start key is depressed.
  • A/C from '077's enlargement/trimming in combination with '243/'137 magnification processing.
  • B from '521/'016: once the operator knows that image quality degrades with magnification as a function of film type, speed and exposure (the reason grain/noise becomes visible), storing an acceptable/unacceptable boundary indexed on those variables is a straightforward tabulation.
  • D + warning modality from '923.

Motivation: '077 already teaches supplying the operator a pre-print image on which to make a quality-affecting decision; extending the monitor's role from "is the exposure right?" to "is this magnification too much for this frame?" is a difference in degree, not in kind.


5. KSR rationales available to an examiner

  1. Known technique applied to known method, predictable result. Pre-print parameter checking against stored data ('923) and pre-print simulated-print display ('077) are known techniques in printing/photofinishing. Applying them to the known magnification/quality relationship ('204) yields the predictable result of a pre-print quality warning.
  2. Explicit problem-solving motivation, stated in the art. '923: paper is "wasted in vain" because defects surface only on paper. '397's own Background frames the identical problem for untrained home users. Where the prior art articulates the problem and another reference supplies the solution, the combination is obvious.
  3. Obvious to try / finite parameters. The quality variables are a small, enumerated set ('397 FIG. 3: film format, film speed, exposure level; plus one user-selected size and one magnification) and the model is a stated linear relation, so "obvious to try" applies (KSR, "a finite number of identified, predictable solutions").
  4. Design choice / mere automation. Choosing to (a) warn by text vs. chime, (b) allow an override vs. lock out the order, and (c) display an icon vs. a message, are bare design choices; '397's specification itself recites these as options ("This indication can take a variety of forms," "the system may provide an override … In an extreme situation … the system could lock out the order").
  5. Admission. The specification's citation of '204 for the operative relationship, and its statement that the scalar-offset simplification "is made possible by the fact that the relationship … has been found to be linear," are admissions that no new science was needed.
  6. [Caution — do not use as §103 art] That the field converged on the same idea repeatedly after 1998 (HP GB2384601 warning of printer-setting effect on print output; Adobe US 8,081,227; Kodak US 7,573,514 digital zoom warning; US 2011/0102829 image size warning) is consistent with obviousness but these are not prior art to '397 and should not be cited in an office action.

6. The strongest non-obviousness arguments, and how they fare

Patent-owner argument Assessment
No single reference teaches a hardcopy-device-specific quality boundary indexed by size and magnification. True as to anticipation; not dispositive for §103. '204 supplies the model; '738 and '196 supply the output-product/film indexing.
'204 is about camera exposure, not printer quality; combining requires hindsight. Moderate. The point is real but weakened by '397's own admission that '204 "simplifies the calculation of maximum acceptable magnification for … output writer device characteristics."
'923 concerns data/environment errors, not perceptual quality. Moderate. '923's mechanism (compare job parameters to stored data pre-print; notify user) is what claim 1 claims; that its comparison criterion differs is a result-effective variable, and '204 supplies the missing criterion.
§112 ¶6 narrowing: "processing means" and "indicating … means" should be construed as the corresponding structure disclosed in the specification (the FIG. 2 module 40 algorithm and the display/driver), not every way of computing quality. This is genuinely the best defense. On a narrow construction, a defendant must show the prior art discloses the FIG. 3-style linear viewing-distance boundary or an equivalent. On a broad functional construction, Ground 1 or 2 lands on the claim. A WMS Gaming-style analysis of whether the algorithm is described in sufficient detail for a pre-1998 "means" limitation is where this patent would actually be litigated.
Secondary considerations (long-felt need of untrained home users, wasted media, industry praise). These are the only real non-obviousness evidence available. But note the nexus problem: the asserted advance (warning) is exactly what '923 taught to avoid wasted paper, and the need was being addressed in the art ('738's electronic proofing discussion; '196; '077), which cuts against "long-felt need."
Claim 2 is a method claim and avoids §112 ¶6. Symmetric, and therefore not a safe harbor: if claim 1's apparatus is obvious, claim 2's process is obvious on the same combination (apparatus/method symmetry).

7. Bottom line

  • No single reference of record appears to anticipate claim 1 or claim 2. Anticipation is not the right theory.
  • Claims 1 and 2 appear vulnerable to §103 over at least two independent combinations:
    1. US 5,619,738 + US 5,323,204 + US 5,751,923 (optionally + US 5,546,196), with '738 supplying user-selected size/zoom and the lookup-table architecture, '204 supplying the size × magnification quality boundary, and '923 supplying pre-print comparison plus display/audible user notification to avoid wasted paper; and
    2. US 4,989,077 + US 4,682,243 or US 5,511,137 + US 4,977,521 or US 5,627,016 + US 5,751,923, resting on pre-print simulated-print inspection, magnification processing, film-type-dependent quality, and pre-print notification.
  • The decisive weakness of the patent is its own specification, which routes the core algorithm to '204 and characterizes the warning format, the override, and the lock-out as user-selectable options. The decisive strength is limitation B construed under §112 ¶6 — i.e., whether "second input means" is read functionally or as the specific disclosed quality-boundary structure.
  • Confidence: high on the reference dates, bases, and the disclosure content of '204, '738, '077, '196, '923 (all verified above); low-to-moderate on the content of '243, '612, '683, '521, '137, '016, which I characterized from titles only after exhausting search steps.

Caveats owed to you: (i) I did not retrieve the full text of five of the eleven references and have flagged exactly which ones; (ii) §102(e)/§102(a) status for '738, '016 and '923 depends on the applicant's actual invention date, which the record does not establish, so the earliest defensible prior-art dates are given; (iii) the "Cited By" art is deliberately excluded as §103 prior art and used only as trajectory evidence.

Generated 9/17/2026, 4:47:53 AM

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