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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
`
`16/874,037
`
`05/14/2020
`
`Ryuichi KANOH
`
`735256.415C1
`
`5100
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BECK, LERON
`
`PAPER NUMBER
`
`ART UNIT
`
`2487
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/04/2021
`
`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)
`16/874,037
`KANOH etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LERON BECK
`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 5/11/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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*
`1-20 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) 1-20 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} 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) The drawing(s) filed on 5/14/2020 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)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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
`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 20210730
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Status of Claims
`
`2. This is a final action on the merits in response to the reply received 5/11/2021.
`
`Response to Arguments
`
`3.
`
`4.
`
`Applicant's arguments have been considered but are not persuasive.
`
`Applicant argues that Tsa, Liu, and Son fail to teach whter a second block which
`
`is one of the plurality of second blocks, is locatecent to an edge of the picture and
`
`whether dimensions of the second block satisfy a second condtion. The examiner
`
`respectfully disagrees. Tsai discloses in [0073], wherein if the current CU size is not
`
`larger than 16x16, only BT is used. Therefore,
`
`if only BT is used, then it would be
`
`inherent that Quad tree is prohibited regardless if the block is located to an edge of a
`
`picture or not. Since the claim never species that the Quad tree splitting was only
`
`prohibited on the bases of a block being adjacent to the edge of a picture, it would be
`
`obvious to one of ordinary skilled in the art that prohibiting the quad tree in a broad
`
`manner would include all aspects including a block being adjacent to an edge; [0084]
`
`discloses that the quad tree splitting process will be terminated (prohibited) based on a
`
`size condition). Rejection is maintained.
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding thatthe claimed
`invention is not identicallydisclosed as set forth insection 102, if the differences between the
`claimed invention and the prior art are such thatthe claimed invention as a whole would have
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 3
`
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskillinthe art to which the claimed invention pertains. Patentabilitysh all notbe
`negated by the manner in whichthe invention was made.
`
`2.
`
`Claims 1-9, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`US 20180109812 Ai-Tsai et al (Hereinafter referred to as “Tsai’,
`
`in view of US
`
`20170006309 At-Liu et al (Hereinafter referred to as “Liu’).
`
`3.
`
`Regarding claim 1, Tsai discloses an image decoder (Fig 1, element 108)
`
`comprising:
`
`Circuitry ((0109], circuitry); and
`
`a memory coupled to the circuitry ([0030], memory with processor); wherein
`
`the circuitry, in operation:
`
`performs a first partitioning including usingafirst partition mode, without
`
`parsing first splitting information indicative of the first partition mode, to split
`
`a first block into a plurality of second blocks, wherein thefirst block is one of a
`
`plurality of first blocks split from a picture (according to instant applicant’s
`
`publication, [0217], the first partition means that a block splitting process performed
`
`without the use of splitting information that is added into a bitstream. For example, the
`
`first partitioning may be, a partitioning process performed using a predetermined slice.
`
`To be consistent with applicant’s specification, Tsai discloses in [0071], encoder
`
`receiving a predetermined slice that is partitioned into a first set of units, CTUs(first
`
`partition mode; [00005], discloses each slice can be partitioned into coding tree units);
`
`determines whether a second block, which is one of the plurality of second
`
`blocks, is located adjacent to an edge of the picture and whether dimensions of
`
`the second block satisfy a second condition (wherein if the current CU size is not
`
`larger than 16x16, only BT is used. Therefore,
`
`if only BT is used, then it would be
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 4
`
`inherent that Quad tree is prohibited regardless if the block is located to an edge of a
`
`picture or not. Since the claim never species that the Quad tree splitting was only
`
`prohibited on the bases of a block being adjacent to the edge of a picture, it would be
`
`obvious to one of ordinary skilled in the art that prohibiting the quad tree in a broad
`
`manner would include all aspects including a block being adjacent to an edge; [0084]
`
`discloses that the quad tree splitting process will be terminated (prohibited) based on a
`
`size condition);
`
`performs a second partitioning on the second block ([0071], wherein partition
`
`each unit into a set of second unit, CU; [0006], CTU can befurther partitioned into CU;
`
`([0071], wherein partition each unit into a set of second unit, CU), by parsing second
`
`splitting information indicative of a second partition mode (According to instant
`
`applicant’s publication,
`
`information on the second partitioning is for example,
`
`information indicating how a CTU wasrecursively split, and a partitioning method;
`
`information indicating whether to split a block or information indicating whether to split a
`
`block into four, three, or two sub-blocks; information indicating a split direction. To be
`
`consistent with applicant’s specification, Tsai discloses in [0020], partitions are signaled.
`
`In addition,
`
`in [0063], discloses that the splitting process can be iterated until the size of
`
`a node reaches a minimum allowed CU size, which is signaled in the SPS. This results
`
`in arecursive structure specified by a coding tree; in addition, [0082], discloses a split
`
`direction being indicated. [0065 discloses relevant information being transmitted to the
`
`decoder.
`
`It is obvious that in order to decode, the decoder parses the relevant
`
`information to reconstructit) and using the second partition modeto split the
`
`secondblockinto a plurality of coding units (CUs) ([0063], using a recursive
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 5
`
`structure to split into CU; [0071], wherein partition each unit into a set of second unit,
`
`CU.; [0073] discloses CU being signaled in the bitstream by the slice header)), wherein
`
`the second partition mode prohibits a quad tree splitting of the second block in
`
`responseto that the second block is located adjacent to the edge of the picture
`
`and that dimensions of the second block satisfy the second condition ((0073],
`
`wherein if the current CU size is not larger than 16x16, only BT is used. Therefore, if
`
`only BTis used, then it would be inherent that Quad tree is prohibited regardlessif the
`
`block is located to an edge of a picture or not. Since the claim never species that the
`
`Quad tree splitting was only prohibited on the bases of a block being adjacent to the
`
`edge ofa picture, it would be obvious to one of ordinary skilled in the art that prohibiting
`
`the quad tree in a broad manner would include all aspects including a block being
`
`adjacent to an edge; [0084] discloses that the quad tree splitting process will be
`
`terminated (prohibited) based on a size condition); and
`
`decodesthe plurality of CUs ([0035], decoding).
`
`Tsai fails to explicitly disclose performing a second partitioning on a second block
`
`by parsing secondsplitting information indicative of a second partition mode and using
`
`the secondpartition modeto split the second block into a plurality of coding units (CUs)
`
`However, in the same field of endeavor, Liu discloses performing a second
`
`partitioning on a second block([0100], wherein each CTUis split into coding units or
`
`CU) by parsing secondsplitting information indicative of a second partition mode
`
`([(0101], wherein each quad tree structure may provide a syntax. le. a node in the quad
`
`tree may include a split flag indicating splits. The syntax elements may be defined
`
`recursively.
`
`In addition, [0239], decoder parses the bitstream to decode the syntax
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 6
`
`elements from the bitstream) and using the secondpartition modeto split the
`
`secondblockinto a plurality of coding units (CUs) ((0100], wherein each CTUis
`
`split into coding units or CU is interpreted as using the second partition mode) decodes
`
`the plurality of CUs ([0239], decoding).
`
`Therefore, it would have been obvious to one of ordinary skilled in the art before
`
`the effective filing date of the clairned invention to modify the imaging optical system
`
`disclosed by Tsai to disclose performing a second partitioning on a second block by
`
`parsing secondsplitting information indicative of a second partition mode and using the
`
`secondpartition modeto split the second block into a plurality of coding units (CUs) as
`
`taught by Liu, to prevent characteristics of the DMM prediction modes and
`
`characteristics of the transform tree subdivision from interfering with each other
`
`(abstract, Liu).
`
`4.
`
`Regarding claim 2, Tsai discloses the image decoder of claim 1, wherein
`
`the circuitry uses the first partition modeto split the first block in response to a
`
`first condition being satisfied ((0073], wherein splitting based on condition).
`
`5.
`
`Regarding claim 3, Tsai discloses the image decoder of claim 2, wherein
`
`the circuitry uses thefirst partition modeto split the first block in response to
`
`that thefirst block is located adjacent to an edge of the picture ([0064],subdividing
`
`based on CU boundaries).
`
`6.
`
`Regarding claim 4, Liu discloses the image decoder of claim 2, wherein the
`
`circuitry uses thefirst partition mode to split the first block in response to that
`
`the first block has a rectangular shape ((0113], splitting based on a rectangular
`
`shape).
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 7
`
`7.
`
`Regarding claim 5, Tsai discloses the image decoder of claim 2, wherein
`
`the circuitry uses the first partition modeto split the first block in response to
`
`that dimensions of the first block satisfy the first condition ([0073], splitting based
`
`on dimensions).
`
`8.
`
`Regarding claim 6, Tsai discloses the image decoder of claim 1, wherein
`
`the first partition mode allows at least one of a quad tree splitting and a binary
`
`splitting ([0011]).
`
`9.
`
`Regarding claim 7, Tsai discloses the image decoder of claim 1, wherein
`
`the second partition mode prohibits a quad tree splitting of the second blockin
`
`responseto that the second block has a rectangular shape ([0073], wherein if the
`
`current CU size is not larger than 16x16, only BT is used. Therefore, if only BT is used,
`
`then it would be inherent that Quad tree is prohibited regardlessif the block is located to
`
`an edge of a picture or not. Since the claim never species that the Quad tree splitting
`
`wasonly prohibited on the bases of a block being adjacent to the edge of a picture, it
`
`would be obvious to one of ordinary skilled in the art that prohibiting the quad tree ina
`
`broad manner would include all aspects including a block being adjacent to an edge;
`
`[0084] discloses that the quad tree splitting process will be terminated (prohibited)
`
`based on a shape condition) ;.
`
`10.
`
`Regarding claim 8, Tsai discloses the image decoder of claim 1, wherein
`
`the secondsplitting information indicative of the second partition mode does not
`
`include a flag indicative of the quad tree splitting ([0084], no splitting syntax is
`
`indicated)
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 8
`
`11.
`
`Regarding claim 9, Tsai discloses the image decoder of claim 1, wherein
`
`the secondsplitting information indicative of the second partition mode includes
`
`at least one of a flag indicative of a binary tree splitting ([0084], no splitting syntax
`
`is indicated) and a flag indicative of a ternary tree splitting ([0059], triple Tree is
`
`interpreted as Ternary).
`
`12.
`
`Regarding claim 12, analyses are analogous to those presented for claim 1
`
`and are applicable for claim 12, in addition, Liu discloses an entropy decoder
`
`which, in operation, receives and decodes an encoded bitstream to obtain
`
`quantized transform coefficients (Fig 10, decoder), an inverse quantizer and
`
`transformer which, in operation, inverse quantizes the quantized transform
`
`coefficients to obtain transform coefficients and inverse transform the transform
`
`coefficients to obtain residuals (Fig 10, elements 154 and 156), an adder which, in
`
`operation, adds the residuals outputted from the inverse quantizer and
`
`transformer and predictions outputted from a prediction controller to reconstruct
`
`blocks (Fig 10, element 158), and the prediction controller coupled to an inter
`
`predictor, an intra predictor, and a memory, wherein theinter predictor, in
`
`operation, generates a prediction of a current block based on a referenceblockin
`
`a decoded referencepicture; and the intra predictor, in operation, generates a
`
`prediction of a current block based on an encoded referenceblockin a current
`
`picture, wherein the prediction controller, the inter predictor, and the
`
`intra predictor form a predictor (Fig 10, element 152 and 166).
`
`13.
`
`Regarding claim 13, analyses are analogous to those presented for claim 3
`
`and are applicable for claim 13
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 9
`
`14.
`
`Regarding claim 14, analyses are analogous to those presented for claim 4
`
`and are applicable for claim 14
`
`15.
`
`Regarding claim 15, analyses are analogous to those presented for claim 5
`
`and are applicable for claim 15
`
`16.
`
`Regarding claim 16, analyses are analogous to those presented for claim 1
`
`and are applicable for claim 16.
`
`17.
`
`Regarding claim 17, analyses are analogous to those presented for claim 3
`
`and are applicable for claim 17
`
`18.
`
`Regarding claim 18, analyses are analogous to those presented for claim 4
`
`and are applicable for claim 18
`
`19.
`
`Regarding claim 19, analyses are analogous to those presented for claim 6
`
`and are applicable for claim 19
`
`20.
`
`Regarding claim 20, analyses are analogous to those presented for
`
`claim 10 and are applicable for claim 20
`
`21.
`
`Claims 10-11 rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20180109812 Ai-Tsai et al (Hereinafter referred to as “Tsai’,
`
`in view of US
`
`20170006309 Ai-Liu et al (Hereinafter referred to as “Liu’),
`
`in view of Patent 10721492
`
`B2-Son et al (Hereinafter referred to as “son’)
`
`Regarding claim 10, Tsai discloses the image decoder of claim 1 (see claim
`
`22.
`
`1);
`
`Tsai and Liu fail to explicitly disclose in detail wherein the second
`
`Splitting information indicative of the second partition mode includes information
`
`indicative of a split direction.
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 10
`
`However, in the same field of endeavor, Son discloses wherein the second
`
`splitting information indicative of the second partition mode includes information
`
`indicative of a split direction (column 11, lines 12-20, wherein horizontal and vertical
`
`split flags are split direction flags).
`
`Therefore, it would have been obvious to one of ordinary skilled in the art before
`
`the effective filing date of the clairned invention to modify the imaging optical system
`
`disclosed by Tsai and Liu to disclose wherein the second splitting information indicative
`
`of the secondpartition mode includes information indicative of a split direction as taught
`
`by Son, to improve prediction efficiency (column 1, lines 40-45, Son).
`
`23.
`
`Regarding claim 11, Tsai in viewof Son discloses the decoder of claim 10,
`
`wherein the secondsplitting information indicative of the second partition mode
`
`indicates application of a binary tree splitting in a horizontal direction to the
`
`second block located adjacentto a horizontal edge of the picture (Tsai, [0066)).
`
`(Son, column 11, lines 12-20, wherein horizontal and vertical split flags are split
`
`direction flags).
`
`Conclusion
`
`5.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHSof the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 11
`
`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
`
`than SIX MONTHSfrom the mailing date of this final action.
`
`6.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LERON BECK whose telephone numberis (571)270-
`
`1175. The examiner can normally be reached on M-F 8 am-5pm.
`
`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:/AWwww.uspto.gov/interviewpractice.
`
`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 wherethis application or proceeding is assignedis 571-273-8300.
`
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`
`

`

`Application/Control Number: 16/874,037
`Art Unit: 2487
`
`Page 12
`
`LERON . BECK
`Examiner
`
`Art Unit 2487
`
`/LERON BECK/
`Primary Examiner, Art Unit 2487
`
`