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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/426,822
`
`05/30/2019
`
`Masato OHKAWA
`
`2019-0922A
`
`4917
`
`Cp
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`HAGHANI, SHADAN E
`
`2485
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/09/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-3,7-11 and 15-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-3,7-11 and 15-16 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210604
`
`Application No.
`Applicant(s)
`16/426,822
`OHKAWAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SHADAN E HAGHANI
`2485
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 1/15/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`Page 2
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`Notice ofPre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37
`
`CFR 1.17(e), wasfiled tn this application after final rejection. Since this application 1s eligible for
`
`continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely
`
`paid,the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
`
`Applicant's submission filed on 1/15/2021 has been entered.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis forall o bviousness
`
`rejections set forth in this Office action:
`
`A patent fora dam ed invention may not be obtained, notwithstanding that the daimedinvention is
`notidentically disdosedas set forth in section 102,if the differences between the damm ed invention
`and the prior art are such that the dammedinvention as a whole would have been obvious before the
`effective filing date of the daimedinvention to a person havingordinary skill in the art to which the
`dam ed invention pertains. Patentability shall not be negated by the mannerin which the vention
`was made.
`
`1.
`
`Claims 1, 7-8, 9, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Varwawa
`
`(US BG Pubhcation 2016/0119618) in view of Zhao (NPL, “Video Coding with Rate-Distortion
`
`Optimized Transform,” TARE 2012).
`
`Regarding Claim 1, Tanisawa (US PS Publication 2016/6119618) discloses an encoder
`
`(encoder Pie. ij) which encodes a current black (block c, Pip. 2A, block Pig, 2B) to be encoded
`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`am image Gmage hic. 2A), the encoder comprise:
`&
`N
`S
`D
`vo
`3
`cad
`
`a processer
`
`ic
`
`(compunne system [023Z))5
`
`Page 3
`
`and memory, wherein using the memory (prestore programs [0252]}, the processor:
`
`determines which one of intra processing and inter processingis applied to the
`
`current block Gntra 111, Pig. 1).
`
`
`when the intra processing is applied to the current block Gntra 111, Pic.
`
`1}, determines
`
`whether an intra prediction mode forthe current block is a non-directional prediction mode
`
`GOQXCmode ve directional modes Fig. 7A);
`
`when the intra prediction mode for the current blockis the non-directional
`\
`prediction mode (DC mode, fie. 7.4), transforms the current black using a first transform
`
`basis (Franstormlds |, Fie. 7A
`
`+
`
`7B, 5, GM
`
`and when the intra prechction mode forthe current block is not the non-chrectional
`
`
`
`prediction mode (directional modes Mig. 7A), transforms the current block using a second
`
`transform basis (Trancformids 6, fig. 7A, 7B. 5,6), and the first transform basis ts a
`
`predefined fixed basis or a basis determined based on a coding parameter (OCT (0085),
`
`‘Tarwawa does not explicitly disclose, but “hac teaches the second transform basis is
`
`
`adaptively selected from among a phirality of transform bases (clect transform from multiple
`
`
`transtorms, Section TIL, Rate Chstorton Opamuzed Transform for mtra coding, and Pig. 4c)
`
`based on a cost function inchuling cadme distortion (distortion, Section ULB, Rate Distortion
`
`Optimized Transform torintra coding) and a generated code amount (cate, Secton HEB, Rate
`
`Dhstornon Opturuzed Trarsfonm forintra coding); and
`
`the processor further writes, into a bitstream, information indicating the secand
`
`transform basis selected (sionaling of the transform index between encoder and decoder, Secon
`
`TELB, Rate Distornon Cptrmized Transtorrn for imtra coding).
`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`Page 4
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`itwould have been obvious to one of ordinary skill
`
`
`in the art before the appltcation was fied
`
`
`to repkice the first orthogonal transformer MH of Tamzawa with the RDO'T of Zhao because Zhao
`
` ches compared with mode dependent transforra, such as used in Taruzawa (00844, for intra
`
`coding, Gur proposed RDOTfurther refines the transform by anposing both mode and data-
`
`dependency on the selection of transformfunctions, and better enerey compaction ts ackueved in the
`
`transtorm domam (Section ULB, Rate Distorton Optimized Transtorm torintra coding).
`
`Reparding Claim 7, Pameawa (US POG Publication 2016/0119618) discloses the encoder
`
`according to claim i,wherem the processor further determines which one of transform
`
`modes (ist
`ansformation basis switch selection information 129, [0059], fig. 18) inchading a
`
`
`first transform mode (fret or second transtormer, Pig. 18) and a second transform mode (third
`
`2
`transformer, Pig. 18) is applied to the current block (rc
`
` sidue signal 119 [O059)s
`
`when the first transform mode is appled (ust or second transformer, Pic. 18), the
`
`
`a
`current block is transformed using the first transforma basis (first twareformer 501, Fig. 18) ox
`
`the second transform basis (sccond transformer L802, Mix. 18),
`
`when the second transform mode is apphed (hird transtormer, Vie. 18), the cusrent
`
`block is transformed using a third transform basis (hid transformer, Fig. 18).
`
`Tanizawa does not esphertiy disclose, but “hao teaches the third transform hasis is
`
`adaptively selected from among a plurality of transform bases Gelect transtorm frora multiple
`
`
`transtorms, Section TL, Rate Custorton Optrruzed Transfoom forintra coding, and Fiz. 4c), and
`
`whenthe secomd transform mode is applied (usage of RDOT mode, Pape 141 lett Cohunn), the
`
`processor further writes, into a bitstream, information indicating the third transform basis
`
`selected (transform todex is encoded, Paze i4] left Column).
`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`Page 5
`
`Regarding Claim 8, Claim 8 t¢ rejected: on the grounds provided in Clam1.
`
`Regarding Clam 9, Claim 9 is rejected on the grounds provided in Clam1.
`
`Regarding, Claum 15, Claira £5 is
`
` erected on the grounds prov
`
`
`
`din Clam 7.
`
`Regarding Clam 16, Claim 16 is rerected on the grounds provided in Clam1,
`
`2.
`
`Claims 2-3 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over ‘Varuzawa
`
`
`(OS BO Publication 2016/0119618) in view of “hao (NPL, “Video Coding with Rate-Distortion
`
`Optimized Transform,” TREE 2012) and Lee (JS PG Publication 2019/0222845),
`
`Regarding Clan 2, Tamzawa (US PG Publication 2016/0119618) discloses the encoder
`
`according to claim 1.
`
` ra does not explicitly disclose but Lee (US PGS Publication 2019/0222843) teaches
`
`wherein the processor further determines whether the current block has a size smaller than a
`
`threshold size (condim op 4x4 (0252), and when the current black has a size larger than or
`
`equal to the threshold size, transforms the current block usimg the firet transform basis even
`
`when the intra prediction mode for the current block is not the non-directional prediction
`
`mode Of the current block does not satefy 4x4 imtra, transform usine DACT-TE [O2a2)).
`
`Inwould have been obvicus to one of ordinary kul in the art before the application was tied
`
`ta use the block size as a condition in transformselection in Tanrawa because Lee teaches that wall
`
`enhance encoding/decoding efficiency by adaptively deterraming a transform type fora target block
`
`POOG1.
`
`Regarding Claim 3, Tanizawa (IS PG Publication 2016/0119618) discloses the encoder
`
`according to clan 2.
`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`Page 6
`
`‘Taruzawa does not explicitly disclose but Lee (OS PG Publicatton 2019/0222843) wherein
`
`the processor further writes information om the threshold size into a bitstream (transformsct
`
`j_
`af
`h
`4
`todex in bitstream [0262h, transform set index indicates size threshold [02641-102651),
`
`Regarding Claun 10, Claim 10 is rerected on the grounds provided in Clann2.
`
`Regarding, Clayr 11, Clairn 11 is reiected on the ercumeds provicied in Claun3.
`
`Response to Arguments
`
`Applicants arguments with respect to claim(s) have been considered but are moot because
`
`the new ground of rejection does not rely on any reference applied in the prior reyecton of record
`
`for any teaching or matter specifically challenged tn the argument.
`
`‘The prior art made of record and not relied upon ts considered pertinent to applicant's
`
`Conclusion
`
`disclosure.
`
`Kim
`
`US PG Publication
`2019/0281217
`
`IMAGE DATA ENCODING/DECODING METHOD
`AND APPARATUS
`
`Any inquiry concerning this communication orearlier communications from the examiner
`
`should be directed to SHADAN E HAGHANI whosetelephone numberis (571)270-5631.
`
`‘The
`
`examiner can normally be reached on M-F 8-7.
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`
`

`

`Application/Control Number: 16/426,822
`Art Unit: 2485
`
`Page 7
`
`If attempts to reach the examiner by telephone are unsuccessful,
`
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`
`Jay Patel can be reached on 571-272-2988. The fax phone numberfor the organization wherethis
`
`application or proceeding 1s assigned 1s 571-273-8300.
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`/SHADAN E HAGHANI/
`Examiner, Art Unit 2485
`
`