www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/587,961
`
`09/30/2019
`
`Chong Soon LIM
`
`735256.414C1
`
`9936
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PEREZ FUENTES, LUIS M
`
`ART UNIT
`
`2481
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/05/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/587,961
`LIM etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUIS PEREZ-FUENTES
`2481
`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 03/16/2021.
`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.
`
`
`
`Disposition of Claims*
`1-3,5-9,11-15 and 17-21 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 4,10 and 16 is/are withdrawn from consideration.
`1) Claim(s)__ is/are allowed.
`Claim(s) 1-3,5-9,11-15 and 17-21 is/are rejected.
`)
`Claim(s) 1-3,5-9,11-15 and 17-21 is/are objected to.
`O Claim(s
`are subject to 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)CL) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)C] accepted or b)C) 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)C) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)LJ None of the:
`b)L) Some**
`a)LJ} 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.
`3.0.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 04/09/2021.
`U.S. Patent and Trademark Office
`
`3)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date 97/30/2021,
`4) ( Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210731
`
`

`

`Application/Control Number: 16/587,961
`Art Unit: 2481
`
`Page 2
`
`Detailed Office Action
`
`A requestfor continued examination under 37 CFR 1.114, including the fee setforth in
`7.
`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR I.17(e)
`has beentimely paid, the finality of the previous Office action has been withdrawn pursuantto
`37 CFR 1.114. Applicant's submission filed on (03/16/2021) has been entered.
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`2.
`first inventorto file provisions of the AIA.
`
`Acknowledgements
`
`Applicant's arguments have been fully considered and they’re persuasive. Therefore,
`3.
`the prev. rejection under the 35 USC 103 is withdrawn. However, and in view of the new
`amendments provided, a new ground(s) of rejection is made; (see Rejection section (6) for
`more details.)
`
`Upon newentry, claims (1 -3, 5 -9, 11 -15, 17-21) remain pending on this application,
`3.2.
`of which (1, 7 and 13) have been amended, and claim (19 -21) newly added. Claims (4, 10,
`and 16) were previously cancelled.
`
`The undersigned would like to thank Applicant’s representative for the courtesy
`3.3.
`extended during Interview (dated 07/30/2021), were the claim status and pertinentclarification
`of the new amendments discussed. See Interview Summary attached on record for details.
`
`Information Disclosure Statement
`
`The Information Disclosure Statement (IDS) that was submitted on (04/09/2021) is in
`4.
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`statement has been considered by the examiner.
`
`Claim interpretation
`
`For the sole purpose of examination, and under the broadest reasonable interpretation
`5.
`consistent with the instant specification and the common knowledgeof one of ordinary skill in
`the art, the following terms will be read as:
`
`5.1. The limitation/term “partition mode’ from claims (1, 7 and 13) will be interpreted to read
`as (e.g. any of the quad tree, binary tree, and ternary tree; [Specs; 0004].)
`
`The cited "parameter"term is linked to multiple embodiments and values, such as (e.g.
`5.2.
`sequence parameterset (SPS) or picture parameter set (PPS) embeddedinformation, Fig.
`53; [specs; 0076; 0446]). It may also be related to CU tree partitioning of Figs. (53-55); [spec;
`0078; 0446]), and/or it may be also related to "Q parameter" (e.g. quantization parameter step
`describing Q-width value; [specs; 0156]). Properclarification is required.
`
`

`

`Application/Control Number: 16/587,961
`Art Unit: 2481
`
`Page 3
`
`For the purpose of examination the cited above “parameter’will be defined and read
`as (e.g. it can be in a video parameterset, a sequence parameterset, a picture parameter
`set, a slice header, or a coding tree unit, indicating block tree partitioning; [specs; 0446])
`
`Claim rejection
`
`35 USC § 112(b) rejection
`
`6.
`
`The following is a quotation of 35 U.S.C. 112:
`(B) CONCLUSION.-The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
`
`The newly amended independent Claims (1, 7, 13) are rejected under 35 USC 112 (b)
`6.1.
`for indefiniteness, because the functional language is not sufficiently precise and definite
`when defining and associating key terms in the claims, such as “parameter” and “partition
`mode’(including “first partition mode’, also “plurality of partition modes’).
`
`6.2. Aclaim is indefinite where it merely recites a use without any active, positive steps
`delimiting how this use is actually practiced. The claims recite — “a parameter indicative of a
`pariitien mode’; - and wherein - “a partition mode is derived using the parameter” —
`aise associated with ihe amended feature involving ~ a first partition mode of plurality of
`the partftion modes - being unclear/vague what Applicant is intending to encompass.
`
`See also MPEP 2773.02; .. limitationsfeaiures in the claims should not been
`&4.
`ambiguous, vague, incoherent, opaque, or otherwise unclear in describing and detining the
`ciaimed invention. If the claim language, {qiven its oroadest reasonable interpretation) is such
`thal 4 person of ordinary skill in the relevant art wouid read ft with more than one reasonable
`inferpretation, then a refection under “S5 USC. 172 (by)is appropriate.
`
`For the sole purpose of examination, the cited abave terms/imiations will be read as
`6.8.
`mapped in section (5) above. Proper ciartication is sill needed.
`
`Claim objection
`
`Independent claims (1, 7 and 13) and the associated dependencies, are objectedto,
`7.
`but they may be considered for allowanceif timely resolve the above rejection under 35 USC
`112(b) moving forward.
`
`The following List of PA, made of record and not relied upon, is considered pertinentto
`8.
`Applicant’s disclosure:
`
`8.1. Patent documentation:
`
`US 9,532,058 B2
`US 9,883,203 B2
`US 9,654,776 B2
`US 20150304662
`US 20170347128
`US 20190222841
`
`Chien; etal.
`Chien; etal.
`Chen;et al.
`Liu; et al.
`Panusopone;etal.
`Panusopone;etal.
`
`HO4N19/176; HO4N19/11;
`H04N19/139; HO4N19/136; HO4N19/1 76;
`H04N19/122; HO4N19/537; HO4N19/1 74;
`H04N19/186; HO4N19/96; HO4N19/159;
`H04N19/174; HO4N19/70; HO4N19/1 19;
`H04N19/119; HO4N19/70; HO4N19/96;
`
`8.2. Non Patent Literature:
`
`

`

`Application/Control Number: 16/587,961
`Art Unit: 2481
`
`Page 4
`
`_ Asymmetric coding unit in QTBT; Leannec; Oct-2016;
`_ Local-constrained quadtree plus binary tree block partition structure; Wang; 2016;
`_ Effective Quadtree Plus Binary Tree Block Partition Decision; Wang; et al; May-11-2017;
`
`CONCLUSIONS
`
`Anyinquiry concerning this communication or earlier communications from the
`9.
`examiner should be directed to LUIS PEREZ-FUENTESwhosetelephone numberis (571)
`270 -1168. The examiner can normally be reached on Monday-Friday 8am-5pm.If attempts to
`reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM
`VAUGHNcanbe reached on (571) 272-3922. The fax phone numberfor the organization
`wherethis application or proceeding is assignedis (571) 272 -2168. 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, 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 automated information
`system, please call (800) 786 -9199 (IN USA OR CANADA) or (571) 272 -1000.
`
`/LUIS PEREZ-FUENTES/
`Primary Examiner, Art Unit 2481
`
`

`

`Application/Control Number: 16/587,961
`Art Unit: 2481
`
`Page 5
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