throbber
Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 1 of 8
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 1 of 8
`
`
`
`
`
`
`EXHIBIT D
`
`
`EXHIBIT D
`
`
`
`

`

`(12) United States Patent
`Patton et al.
`
`USOO6396599B1
`(10) Patent No.:
`US 6,396,599 B1
`(45) Date of Patent:
`May 28, 2002
`
`(54) METHOD AND APPARATUS FOR
`MODIFYING A PORTION OF AN IMAGE IN
`ACCORDANCE WITH COLORIMETRIC
`PARAMETERS
`(75) Inventors: David L. Patton, Webster; John R.
`Fredlund, Rochester; John D. Buhr,
`Webster, all of NY (US)
`(73) Assignee: Eastman Kodak Company, Rochester,
`NY (US)
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(*) Notice:
`
`5,390,381 A 2/1995 LaMantia ...................... 5/417
`5,444,487 A
`8/1995 Kondo ....................... 348/405
`5,447,811 A 9/1995 Buhr et al. ................... 430/20
`5,478,238 A 12/1995 Gourtou et al. ............. 434/100
`5.488.429 A 1/1996 Kojima et al. .............. 34.8/653
`E. A 3.1996 Buhr et al. ................... 355/32
`Y/ -- a-2
`/1997 Kojima et al. .............. 34.8/652
`5,710,654. A
`1/1998 Inoue ......................... 396/374
`5,715,377. A 2/1998 Fukushima et al. ......... 355/518
`5,726,737 A
`3/1998 Fredlund et al. .............. 355/40
`5,797,750 A * 8/1998 Gouriou et al. ............. 434/100
`5,815,244. A
`9/1998 Tokuda ........................ 355/41
`6,207,874 B1
`3/2001 Felton ......................... 602/42
`6,208,749 B1 * 3/2001 Gutkowicz-Krusin et al. ... 382/
`128
`6,215,893 B1
`4/2001 Leshem et al. ............. 382/128
`6,272.239 B1 * 8/2001 Colla et al. ................. 382/167
`6,278,533 B1
`8/2001 Takemoto ................... 358/521
`6,293,284 B1 * 9/2001 Rigg .......................... 132/200
`(21) Appl. No.: 09/216,900
`FOREIGN PATENT DOCUMENTS
`(22) Filed:
`Dec. 21, 1998
`0812116 A2 12/1997 ............ HO4N/9/64
`EP
`(51) Int. Cl. ................................................ G06K 15700
`O2000113185. A
`4/2000 ............. GO6T/5/OO
`JP
`(52) U.S. Cl. ......................... 359/19; 358/518; 382/164
`* cited by examiner
`(58) Field of Search ................................. 382/164, 118,
`382/190; 358/19, 500, 518, 530
`Primary Examiner Jerome Grant, II
`(74) Attorney, Agent, or Firm-Frank Pincelli
`References Cited
`(57)
`ABSTRACT
`U.S. PATENT DOCUMENTS
`3,739,078 A * 6/1973 Pugsley et al. .......... 178/5.2 A A method and apparatus for modifying images. The method
`
`(56)
`
`4,805,223 A * 2/1989 Denyer - - - - - - - - - - - - - - - - - - - - - - - - - - 382/4
`4,847,677 A * 7/1989 Music et al - - - - - - - - - - - - - - - - - - 358/13
`5,027,420 A 6/1991 Takebayshi et al. .......... 382/38
`5,029,312 A 7/1991 Goenner ...................... 355/38
`5.212,518 A 5/1993. Numakura et all
`355/77
`5235900 A
`7/1993 Wright.... assos
`5296.884. A 3/1994 Honda et al... 354/106
`5,296.945. A 3/1994 Nishikawa et al. ......... 358/518
`5,300,974 A 4/1994 Stephenson, III ............ 354/75
`
`includes the StepS of analyzing
`digital image file of
`image So as to identify at least one predetermined colori
`metric parameter; and automatically modifying that portion
`-
`of Said image having Said at least one predetermined colo
`rimetric parameter to a second predetermined colormetric
`parameter So as to produce a modified digital image.
`19 Claims, 2 Drawing Sheets
`
`
`
`
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 2 of 8
`
`
`
`oo
`
`ou o
`
`to c
`
`22
`
`"I
`
`

`

`U.S. Patent
`
`May 28, 2002
`
`Sheet 1 of 2
`
`US 6,396,599 B1
`
`&
`
`S
`
`
`
`E
`EE DOD ES
`E.
`g
`Eggs
`5.
`P
`
`C
`1
`
`CD
`L
`
`O
`P
`
`
`
`CN
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 3 of 8
`
`

`

`U.S. Patent
`
`May 28, 2002
`
`Sheet 2 of 2
`
`US 6,396,599 B1
`
`
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 4 of 8
`
`

`

`US 6,396,599 B1
`
`1
`METHOD AND APPARATUS FOR
`MODIFYING A PORTION OF AN IMAGE IN
`ACCORDANCE WITH COLORMETRIC
`PARAMETERS
`
`FIELD OF THE INVENTION
`The present invention relates to adjusting the skin tone in
`a reproduction of an image, and more particularly, to a
`photographic color imaging System that Selectively adjusts
`the Skin tone of individuals in images in accordance with
`customer preferences.
`
`2
`nating film or providing a plurality of different film types,
`each being directed to a different skin type. There is also a
`need to provide a System wherein the customer and/or photo
`lab can Select manually or automatically the desired skin
`tone characteristics.
`In a System made in accordance with the present
`invention, a Solution is provided for eliminating and/or
`minimizing the problems of the prior art that can improve
`imageS provided on conventional photoSensitive media, or
`in digital format. Print algorithms are provided in a digital
`photofinishing System, which changes the appearance of the
`skin tones in a print to a Selected preference. The preference
`may be obtained by a Selection option provided detected on
`the film processing order, encoded on the film itself, or
`carried out automatically by the photofinisher providing a
`Specific skin tone preference is desired in a region of a
`country and/or world. The skin tone adjustment can be one
`of one or more Selections available in the algorithm, or
`accessed from a customer profile.
`SUMMARY OF THE INVENTION
`The present invention is directed to overcoming one or
`more of the problems set forth above. Briefly summarized,
`according to one aspect of the resent invention, there is
`provided a method of modifying images, comprising the
`Steps of
`a) analyzing a digital image file of an image So as to
`identify at least one predetermined calorimetric param
`eter; and
`b) modifying that portion of the image having the at least
`one predetermined calorimetric parameter to a Second
`predetermined colormetric parameter So as to produce
`a modified digital image.
`In accordance with another aspect of the present
`invention, there is provided an apparatus for modifying
`digital images, comprising:
`a) an analyzer for analyzing a digital image file of an
`image So as to identify at least one predetermined
`colorimetric parameter; and
`b) means for automatically modifying that portion of the
`image having the at least one predetermined calorimet
`ric parameter to a Second predetermined colormetric
`parameter So as to produce a modified digital image.
`The above, and other objects, advantages and novel
`features of the present invention will become more apparent
`from the accompanying detailed description thereof when
`considered in conjunction with the following drawings.
`BRIEF DESCRIPTION OF THE DRAWINGS
`In the detailed description of the preferred embodiments
`of the invention presented below, reference is made to the
`accompanying drawings in which:
`FIG. 1 is a Schematic diagram of a photographic printing
`apparatus made in accordance with the present invention;
`and
`FIG. 2 illustrates a photograph that is to be reproduced by
`the apparatus of FIG. 1.
`DETAILED DESCRIPTION OF THE DRAWINGS
`The present description will be directed in particular to
`elements forming part of, or in cooperation more directly
`with, the apparatus in accordance with the present invention.
`It is understood that elements not Specifically shown or
`described may take various forms well known to those
`skilled in the art.
`
`BACKGROUND OF THE INVENTION
`Color negative/positive photographic Systems in use
`today are designed to produce pleasing prints for most of the
`people in a target population. The print appearance includes
`both pleasing tone and color reproduction to produce col
`orful prints with good contrast, and particularly excellent
`skin tone reproduction. Typically, existing photo Systems are
`designed to be optimized for a particular skin type and
`preference, for example, Caucasian, Oriental, Asian, Indian,
`and/or Black. Photographic film, paper, and printer Sets-ups
`are generally designed for providing pleasing color for a
`particular market Segment. In taking photographs of an
`individual of a first skin tone type with a System designed for
`a Second Skin tone type, the skin tones of the first skin tone
`type will appear undesirable. For example, in a System
`designed for Caucasians, individuals having a darker skin
`tone will result in the darker Skin tones appearing com
`pressed. This often results in the facial features being lost in
`an overly dark representation.
`It is possible to design a photographic System that is
`optimized for dark-tone skin tone reproduction. This can be
`done by adjusting the photographic film, paper, and/or
`printer Set-ups. However, this kind of System would not
`produce optimum light-tone skin tone reproductions. Solv
`ing the problem in this manner would still result in the
`inability of a single System to produce pleasing skin tone
`reproduction, regardless of the lightness of the Skin tones in
`the scene. Marketing two different films would increase
`marketing and inventory costs, and potentially lead to con
`fusion in the customer's mind about the circumstances for
`use of the different systems.
`With current photo systems, the only option available for
`improving the reproduction of Skin tones, which the System
`is not designed for, is to adjust the print density and color
`balance during printing. Neither of these adjustments pro
`duces preferred prints because they alter the reproduction of
`portions of the Scene that are not skin tones.
`U.S. Pat. No. 5,300,974 to Stephenson discloses a system
`that allows the camera user to record the color balance
`preference.
`U.S. Pat. No. 5,710,954 to Inoue discloses a system
`involving a Video image in which the customer Selects a
`preferred color balance.
`U.S. Pat. No. 5,726,737 to Fredlund et al describes a
`System for controlling photofinishing of photosensitive
`material.
`U.S. Pat. Nos. 5,488,429 and 5,638,136 to Kazuaki et al
`describes a method and apparatus that detects skin tones in
`an image.
`Thus, there is a need to provide an economical photo
`graphic System that can be adjusted to compensate for
`different skin tones in accordance with customer preferences
`without concern as to the tone characteristics of the origi
`
`15
`
`25
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 5 of 8
`
`

`

`3
`Referring to FIG. 1, there is illustrated a photographic
`printing System 10 made in accordance with the present
`invention. In the particular embodiment illustrated, System
`10 includes a digital minilab printer 12. An example of Such
`a Suitable digital minilab is the Gretag Imaging Masterlab
`740 Digital with Kodak Digital Printer. In particular, this
`digital minilab printer 12, which can make a print onto
`photographic paper from a digital record, uses a CRT printer.
`A CPU/computer 16 is provided for allowing entry of data
`to printer 12 and for controlling operation of the minilab
`printer 12. While the computer 16 is illustrated as a separate
`device from the minilab, it may be an integral part of the
`printer 12. The minilab printer 12, in the embodiment
`illustrated, is provided with a cathode ray tube 18 for
`exposing an image onto the photoSensitive material 20, for
`example, photoSensitive paper which is then in turn pro
`cessed for development. It is, of course, understood that any
`other desired digital printing device may be utilized,
`including, for example, but not by way of limitation, LEDs,
`lasers, inkjet, thermal, electrophotographic, or other digital
`type printers. The system 10 further includes a digital
`Scanner 22 for Scanning images placed in the Scanner and
`converting the information to a digital signal. An appropriate
`digital printer Scanner 22 and film Scanner 24 that can be
`utilized in the system 10 is exemplified by the Kodak Digital
`Science Scanner 3500 which scans photographic film, or the
`Hewlett Packard Scanjet IICX color scanner which scans
`prints. The digital image file can also come from a digital
`camera such as a KODAK DC 265 Digital Camera. In the
`embodiment illustrated, Scanner 22 is designed to Scan film
`negatives So as to obtain a digital record of the images on the
`negative film. After the digital record of the image has been
`obtained, the digital record is transferred to the printer by the
`appropriate Software previously provided in the computer 16
`Such that a print image can be made by the printer 12.
`A computer algorithm provided in computer 16 first
`identifies if skin tones are present in the image file obtained
`by Scanner 22. This is accomplished by determining the
`colorimetric values of the image pixels Scanned by Scanner
`22 using Standard colorimetric techniques. Colorimetry is
`the measurement of color. A set of colorimetric parameters
`for an object, based on measured colorimetric parameters,
`can quantify the color of the object as it appears to the
`average observer under a Specific Set of viewing conditions.
`Techniques described in U.S. Pat. No. 5,528,339 can be used
`to identify the colorimetric values of the images Suitable for
`use with the present invention, which are hereby incorpo
`rated by reference in their entirety. The algorithm is with a
`Set of colorimetric parameters for various types of Skin tone.
`Predetermined colorimetric values may be set for each of the
`desired skin types, for example, Caucasian, Oriental, Asian,
`Indian, and/or Black. This results in selectively identifying
`portions of the image obtained by the Scanner 22. Having
`determined that a particular portion is of a particular flesh
`tone, the next step would be to modify the flesh tone to a
`particular hue and/or color. Preferably, the type and Source
`of the image is entered into the computer 16, for example,
`the manufacturer of the photosensitive media that was
`Scanned, the type of media Scanned (if it is paper or film,
`etc.), and/or color characteristics of the media from which
`the images were obtained. The color characteristics may be
`preprogrammed into the algorithm for various known media
`of various media manufacturers. The So identified portions
`are then modified to preselected colorimetric values, the
`selection of which is determined by the preference of the
`photo lab or consumer. The Selected preferences may be
`preprogrammed into the algorithm or entered by the photo
`
`15
`
`25
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 6 of 8
`
`US 6,396,599 B1
`
`4
`finishing lab operator or consumer. The algorithm modifies
`the digital file in accordance with the Selected preference.
`The modified image is then Sent to the printer for printing
`onto the photosensitive media. The algorithm may select the
`only available Single alternative reproduction adjustment,
`Such as a dark-toned skin tone adjustment. Or the algorithm
`may Select among a Set of available alternative reproduction
`adjustments, Such as by race and lightness range, based on
`customer option or the identity or darkness of skin tones in
`the captured Scene. The available adjustments may include
`a customer-specified custom option, created as a profile by
`the customer.
`When the algorithm alters the default skin tone
`reproduction, the adjustment may consist of a print density
`or color balance bias, or more preferred, the application of
`a matrix or 3D table of parameters to the digital capture
`image. The 3D table of parameters is the preferred embodi
`ment because it allows skin tones to be altered without
`altering the remaining colors in the image. It is also possible
`to alter the color reproduction of the skin tones within the
`Scene by applying a matrix only if the pixel value is a skin
`tone.
`The preferred adjustment will often consist of a reduction
`in skin tone colorfulneSS and a reduction in the contrast of
`the reproduction in color region of the Skin tones. Generally,
`it is preferred to maintain a neutral gray Scale in the image
`while adjusting the skin tones to their preferred colorimetric
`position. However, any adjustment preferred by the cus
`tomer may be implemented.
`In order to better understand the present invention, a brief
`description of its operation will be discussed. Referring to
`FIG. 2, there is illustrated a portion of a negative film 30
`having an image Scene 32 printed thereon. In the particular
`embodiment illustrated, the scene 32 includes a variety of
`items and individuals. Scene 32 includes a first individual 34
`of a first skin tone and a second individual 36 of a second
`type skin tone, a basketball 38, and a bat 40 shown against
`a blue Sky 42 and green grass 44. In the embodiment
`illustrated, individual 34 has Caucasian skin tones and
`individual 36 has dark skin tones. The film 30 is placed in
`Scanner and a digital record file of the image Scene 32 is
`obtained and Sent to computer 16. A colorimetric analysis of
`the image data is accomplished by the prestored algorithm in
`the computer and the flesh tones, as defined by predeter
`mined colorimetric parameters, are identified. Once having
`identified portions of the image that are flesh tones, all Such
`identified flesh tone areas of the Scene image are modified in
`accordance with Selected Skin tone characteristics. For
`example, if the lab making the reproduction of the Scene
`image is in a region where there are predominately dark
`Skinned individuals, or the individual requesting the repro
`ductions is dark Skinned, the algorithm can be programmed
`to modify only the identified flesh tone areas in accordance
`with calorimetric parameters best Suited to dark Skinned
`flesh tones. The customer Selection can be made by checking
`an appropriate box on the order form used for ordering of the
`prints, or the algorithm can be automatically activated by the
`algorithm that analyzes the image data from the Scanner to
`recognize the Skin tone of a particular ethnic group. It is, of
`course, understood that one, Some and/or all various skin
`tone modifications may be applied to all the images.
`The present invention provides prints that are pleasing to
`the customer regardless of the lightness of skin tones in the
`photographed Scene. Given that generally the same photo
`graphic films and papers are distributed worldwide, a digital
`image processing algorithm is introduced in a digital photo
`finishing System to alter the appearances relative to a pre
`
`

`

`S
`determined Scene reproduction automatically or manually as
`desired by the photographic lab, or as Selected by the
`consumer. The present invention avoids the need of provid
`ing Separate film types throughout the World to accommo
`date local preferences. Additionally, the present invention
`modifies only the area containing flesh tones, thereby main
`taining the overall color integrity of the remaining portion of
`the image. The present invention also provides the ability to
`change more than one different flesh tone in a Scene to a
`preferred preference.
`The invention has been described in detail with particular
`reference to certain preferred embodiments thereof, but it
`will be understood that variations and modifications can be
`effected within the scope of the invention.
`
`PARTS LIST
`10 Photographic printing system
`12 Digital minilab printer
`16 CPU/computer
`18 Cathode ray tube
`20 Photosensitive material
`22 Digital Scanner
`24 Film Scanner
`30 Negative film
`32 Image Scene
`34 First individual
`36 Second individual
`38 Basketball
`40 Bat
`42 Blue sky
`44 Green grass
`What is claimed is:
`1. A method of modifying images, comprising the Steps
`of:
`a) analyzing a digital image file of an image So as to
`identify at least one predetermined colorimetric param
`eter; and
`b) modifying that portion of said image having said at
`least one predetermined colorimetric parameter to a
`Selected Second predetermined colormetric parameter
`So as to produce a modified digital image.
`2. A method according to claim 1 wherein Said first
`predetermined calorimetric parameter comprises a skin tone
`of a particular type.
`3. A method according to claim 1 wherein Said predeter
`mined calorimetric parameter is directed to light Skinned
`individuals.
`4. A method according to claim 1 wherein Said predeter
`mined calorimetric parameter is directed to dark Skinned
`individuals.
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 7 of 8
`
`US 6,396,599 B1
`
`6
`5. A method according to claim 1 wherein Said predeter
`mined calorimetric parameter is determined automatically.
`6. A method according to claim 1 wherein Said digital
`image file is obtained from Scanning an image.
`7. A method according to claim 1 wherein Said digital
`image file is obtained from a digital camera.
`8. A method according to claim 1 wherein Said predeter
`mined colorimetric parameter is identified only within that
`portion of the image identified as containing facial features
`of people.
`9. A method according to claim 1 further comprising the
`Steps of printing, Storing, or otherwise transferring Said
`modified digital image file.
`10. A method according to claim 9 wherein said modified
`digital image file is printed by a digital printer.
`11. A method according to claim 9 wherein said modified
`digital image file is displayed via an electronic means.
`12. A method according to claim 1 wherein two colori
`metric parameters are identified in a single Scene.
`13. A method according to claim 12 wherein said two
`calorimetric parameters comprise a light skin tone and a
`dark skin tone.
`14. An apparatus for modifying digital images, compris
`ing:
`a) an analyzer for analyzing a digital image file of an
`image So as to identify at least one predetermined
`colorimetric parameter; and
`b) means for automatically modifying that portion of Said
`image having Said at least one predetermined colori
`metric parameter to a Selected Second predetermined
`colormetric parameter So as to produce a modified
`digital image.
`15. An apparatus for modifying digital images according
`to claim 1 wherein Said at least one predetermined colori
`metric parameter is skin tone.
`16. An apparatus for modifying digital images according
`to claim 14 further comprising a printer for printing Said
`image as modified.
`17. An apparatus according to claim 16 wherein Said
`printer is a digital printer for printing onto a photosensitive
`media.
`18. An apparatus according to claim 17 wherein Said
`photosensitive media is photographic paper.
`19. An apparatus according to claim 14 further compris
`ing a display device for displaying Said digital image as
`modified.
`
`15
`
`25
`
`35
`
`40
`
`45
`
`50
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT NO. : 6,396,599 B1
`DATED
`: May 28, 2002
`INVENTOR(S) : David L. Patton et al.
`
`Page 1 of 1
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is
`hereby corrected as shown below:
`
`Column 5
`Lines 44, 47 and 50, delete "calorimetric' and insert -- colorimetric --
`
`Column 6
`Lines 2 and 22, delete "calorimetric' and insert -- colorimetric --
`
`Signed and Sealed this
`
`Fifth Day of November, 2002
`
`Case 6:20-cv-06263-FPG Document 1-4 Filed 04/23/20 Page 8 of 8
`
`Attest.
`
`Attesting Officer
`
`JAMES E ROGAN
`Director of the United States Patent and Trademark Office
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket