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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
`
`16/902,559
`
`06/16/2020
`
`Virginie DRUGEON
`
`2020-1751A
`
`1089
`
`Lind& e
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`LL, TRACY Y
`
`2487
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/21/2021
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`16/902,559
`Examiner
`TRACYY LI
`
`Applicant(s)
`DRUGEON etal.
`Art Unit
`AIA (FITF) Status
`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 06/25/2021.
`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*
`1-10 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) 1-10 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.
`
`) )
`
`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 20211018
`
`

`

`Application/Control Number: 16/902,559
`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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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
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`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 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 1.17(e) has been timely paid, the
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`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 06/25/2021 has been entered.
`
`Response to Arguments
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`3.
`
`Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because
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`the new ground of rejection does not rely on any reference applied in the prior rejection of record for
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`any teaching or matter specifically challenged in the argument.
`
`Claim Rejections - 35 USC § 103
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`4.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under eitherstatus.
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 3
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`5.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102,if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`6.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`1. Determining the scope and contents ofthe prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`7.
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`Claims 1, 3, 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190166375
`
`A1 JUN; Dong San et al. (hereafter Jun), and further in view of US 20210195199 A1 CHOI; In-kwon etal.
`
`(hereafter Choi).
`
`Regarding claim 1, Jun discloses An encoder which encodesa video(i.e.Fig.1),
`
`comprising: circuitry; and memory(i.e.[0403]), wherein using the memory, the circuitry: derives
`
`a one-dimensional array of a plurality of reference samplesfor intra prediction by projecting a
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`value of at least one first decoded pixel located onafirst line onto a second line to derive the
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`one-dimensional array of the plurality of reference samples(i.e.Fig.9, [0226], [0244], wherein in
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`a intra diagonal coding, upper line or left line of reference samplesis generated byleft line or
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`upper line of reconstructed sample that is the decoded sample), the second line being
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`perpendicular to the first line and including values of a plurality of second decoded pixels
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`(i.e.Fig.9, [0230], wherein top line of neighbor of current block is reference sample needed to
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 4
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`constructed,left line of neighbor is reconstructed samples with values), and the plurality of
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`reference samples of the one dimensional array being located on the second line and including
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`the value of the at least one first decoded pixel projected on the second line and the values of
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`the plurality of second decoded pixels (i.e.[0224], [0246], wherein reference samples located in
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`above row maybe reconstructed, while one reconstructed sample would be used to construct a
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`reference sample in the row).
`
`Jun fails to disclose after deriving the one-dimensional array of the plurality of reference
`
`samples, performs smoothing on the derived one-dimensional array of the plurality of reference
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`samples; and after performing smoothing on the derived one-dimensional array of the plurality
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`of reference samples, generates a prediction image using the plurality of reference samples
`
`However, Choi teachesafter deriving the one-dimensional array of the plurality of
`
`reference samples, performs smoothing on the derived one-dimensional array of the plurality of
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`reference samples(i.e.Fig.17, [217], [266], wherein 1720 determines one directional array
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`reference samples, 1730 performs smoothing on the reference samples); and after performing
`
`smoothing on the derived one-dimensional array of the plurality of reference samples,
`
`generatesa prediction image using the plurality of reference samples(i.e. Abstract, [279],
`
`wherein the derived one-dimensional array of the plurality of reference samples are smoothed
`
`in predictor 1730, and the prediction image is derived by prediction values of samples).
`
`Therefore it would have been obvious to one of ordinary skill in the art before the
`
`effectivefilling date of the claimed invention to modify the encoder which encodes a video
`
`disclosed by Jun to include the performs smoothing on the derived one-dimensional array of the
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`plurality of reference samples of Choi, in order to meet the need for video data encoding and
`
`decoding methods with minimal deterioration in image quality and increased compression rates,
`
`as identified by Choi (i.e.[02]).
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 5
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`Regarding claims 3, 8, Choi teaches The encoder according to claim 1, wherein the
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`smoothing is performed by applying a one dimensional spatial smoothing filter to the derived
`
`one-dimensional array of the plurality of reference samples(i.e.[292], [296]).
`
`Regarding claim 6, see the rejection for claim 1. it is a decoder corresponding to the
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`encoder claim 1. Jun also discloses the decoder (Fig.2) performs the same functions as encoder
`
`does.
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`8.
`
`Claims 2, 5, 7, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable overJun, in view of
`
`Choi and further in view of US 20120140821 A1 Drugeon; Virginie et al. (hereafter Drugeon).
`
`Regarding claims 2, 7, Dr'ugeon teaches The encoder according to claim 1, wherein the
`
`circuitry performs the smoothing on the derived one-dimensional array of the plurality of
`
`reference samples immediately before calculating a prediction signal based on the plurality of
`
`reference samples upon which the smoothing has been performed(i.e.[60]).
`
`Therefore it would have been obvious to one of ordinaryskill in the art before the
`
`effectivefilling date of the claimed invention havingall the references Jun, Choi and Drugeon
`
`before him/her, to modify the encoder which encodesa video disclosed by Jun to include the
`
`solutions in the same field of endeavor of Choi and Drugeon, in order to meet the need for video
`
`data encoding and decoding methods with minimal deterioration in image quality and increased
`
`compression rates, as identified by Choi (i.e.[02]), and provide a more efficient intra prediction,
`
`as taught by Drugeon (i.e.[0021]).
`
`Regarding claims 5, 10, Drugeon teaches The encoder according to claim 1, wherein in
`
`generating the prediction image, the circuitry performs interpolation processing by applying an
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`interpolation filter to the derived one-dimensional array of the plurality of reference samples
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`upon which the smoothing has been performed(i.e.[0093]), and the interpolation filter is
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`applied regardless of whether a position of any of the plurality of reference samples of the
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 6
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`derived one-dimensional array is at an integer position or at a non-integer position (i.e.[0101],
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`wherein pel position is integer, subpel position is a non integer).
`
`9.
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`Claims 4, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jun, in view of Choi,
`
`and further in view of Min et al. (WO 2011/021839), hereafter referenced as Min.
`
`Regarding claims 4, 9, Min teaches The encoder according to claim 1, wherein the
`
`derived one-dimensional spatial smoothingfilter is applied at a boundary of the one-
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`dimensional array of the plurality of reference samples, by extending the derived one-
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`dimensional array using a value of at least one reference sample located at the boundary among
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`the plurality of reference samples(i.e.Fig.19 and Fig.20).
`
`Therefore it would have been obvious to one of ordinaryskill in the art before the
`
`effectivefilling date of the claimed invention havingall the references Jun, Choi and Min before
`
`him/her, to modify the encoder which encodesa video disclosed by Jun to include the solutions
`
`in the same field of endeavor of Choi and Min, in order to meet the need for video data
`
`encoding and decoding methods with minimal deterioration in image quality and increased
`
`compression rates, as identified by Choi (i.e.[02]), and improve coding efficiency, as taught by
`
`Min (i.e.[0006]).
`
`Conclusion
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`10.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to TRACY Y. LI whose telephone numberis (571)270-3671. The examiner can
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`normally be reached Monday~ Friday (8:30 AM- 4:30 PM) EST.
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 7
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`
`/TRACYY.LI/
`Primary Examiner, Art Unit 2487
`
`