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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
`
`16/564,680
`
`09/09/2019
`
`Virginie DRUGEON
`
`2019-1543A
`
`3351
`
`oe
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`ANYIKIRE, CHIKAODILI E
`
`2487
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/30/2020
`
`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)
`
`

`

`Application No.
`Applicant(s)
`16/564,680
`DRUGEON etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHIKAODILI E ANYIKIRE
`2487
`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 7/20/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J This action is non-final.
`3) 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\(Z 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.
`
`Disposition of Claims*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CJ] Claim(s)__ is/are allowed.
`Claim(s) 1-16 is/are rejected.
`OO Claim(s)__is/are objectedto.
`CC) Claim(s)
`are subjectto restriction and/or election requirement
`* 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.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... 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 received in 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 20201026
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Responseto Arguments
`
`Applicant's arguments filed September 20, 2020 have beenfully considered but
`
`they are not persuasive. The examiner notes that the only requirement as far as shape
`
`is that it be on a block-by-block basis.
`
`In response to applicant's argument that the references fail to show certain
`
`features of applicant’s invention, it is noted that the features upon which applicantrelies
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`(i.e., enabled or disabled without depending on the shape of a current block to which the
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`pixel belongs) are not recited in the rejected claim(s). Although the claims are
`
`interpreted in light of the specification, limitations from the specification are not read into
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`the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 3
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`Claim(s) 1
`
`- 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Zhaoet al (US 10,284,844, hereafter Zhao).
`
`As per claim 1, Zhao discloses an encoder, comprising:
`
`circuitry; and a memory connectedto the circuitry, wherein, in operation, the
`
`circuitry: generates a plurality of predicted values of a pixel in a current picture to be
`
`encoded, using a plurality of reference pixels in the current picture, and enables or
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`disables a process of determining a predicted value of the pixel on a block-by-block
`
`basis based on availability of at least one reference pixel among the plurality of
`
`reference pixels byfiltering the plurality of predicted values based on a position of the
`
`pixel (column 15 lines 44 — column 16 lines 41).
`
`As per claim 2, Zhao discloses the encoder according to claim 1, wherein when
`
`at least one prediction mode among Planarintra prediction mode, DCintra prediction
`
`mode, and CCLM intra prediction mode is used to calculate the predicted values of the
`
`pixel in a current block to be processed in the current picture, the circuitry determines
`
`the availability of the at least one reference pixel which is located left of and above the
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 4
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`current block, and determines whether the filtering is to be applied to the process of
`
`determining the predicted value (column 22 lines 60 — 62).
`
`As per claim 3, Zhao discloses the encoder according to claim 2, wherein when
`
`a vertical intra prediction direction is used to calculate the predicted value of the pixel in
`
`the current block,the circuitry determines availability of a reference pixel which is
`
`located left of the current block, and determines whether the filtering is to be applied to
`
`the process of determining the predicted value (column 15 lines 44 — column 16 lines
`
`41).
`
`As per claim 4, Zhao discloses the encoder according to claim 2, wherein when
`
`a horizontal intra prediction direction is used to calculate the predicted value of the pixel
`
`in the current block, the circuitry determines availability of a reference pixel which is
`
`located above the current block, and determines whether the filtering is to be applied to
`
`the process of determining the predicted value (column 23 lines 14 - 30).
`
`As per claim 5, Zhao discloses the encoder according to claim 1, wherein when
`
`a width of the current block is greater than a height of the current block,the circuitry
`
`determines availability of a reference pixel which is located above right of the current
`
`block, and determines whether a wide angle prediction direction is to be used (column
`
`22 lines 44 - 59).
`
`As per claim 6, Zhao discloses the encoder according to claim 1, wherein when
`
`a height of the current block is greater than a width of the current block, the circuitry
`
`determines availability of a reference pixel which is located bottom left of the current
`
`block, and determines whether a wide angle prediction direction is to be used (column
`
`22 lines 44 - 59).
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 5
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`As per claim 7, Zhao discloses the encoder according to claim 1, wherein the
`
`circuitry determines, for intra prediction of the current block, the availability of the at
`
`least one reference pixel among the plurality of reference pixels, based on either a
`
`prediction mode for the current picture to which the at least one reference pixel belongs
`
`or a region in the current picture to which the at least one reference pixel belongs
`
`(column 15 lines 44 — column 16 lines 41).
`
`Regarding claim 8, arguments analogous to those presented for claim 1 are
`
`applicable for claim 8.
`
`Regarding claim 9, arguments analogous to those presentedfor claim 2 are
`
`applicable for claim 9.
`
`Regarding claim 10, arguments analogous to those presented for claim 3 are
`
`applicable for claim 10.
`
`Regarding claim 11, arguments analogous to those presented for claim 4 are
`
`applicable for claim 11.
`
`Regarding claim 12, arguments analogous to those presented for claim 5 are
`
`applicable for claim 12.
`
`Regarding claim 13, arguments analogous to those presented for claim 6 are
`
`applicable for claim 13.
`
`Regarding claim 14, arguments analogous to those presented for claim 7 are
`
`applicable for claim 14.
`
`Regarding claim 15, arguments analogous to those presented for claim 1 are
`
`applicable for claim 15.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 6
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`Regarding claim 16, arguments analogous to those presented for claim 1 are
`
`applicable for claim 16.
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date ofthis final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHIKAODILI E ANYIKIRE whose telephone number is
`
`(571)270-1445. The examiner can normally be reached on 8 am - 4:30 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David Czekaj can be reached on 571-272-7327. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHIKAODILI E ANYIKIRE/
`Primary Examiner, Art Unit 2487
`
`