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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
`
`CP
`Lind&
`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
`
`03/29/2021
`
`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 02/18/2021.
`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*
`1-16 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) 1-16 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)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 20210323
`
`

`

`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.
`
`Response to Arguments
`
`2.
`
`Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because
`
`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
`
`3.
`
`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
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under eitherstatus.
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`4.
`
`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 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.
`
`5.
`
`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.
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 3
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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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`6.
`
`Claims 1, 5, 6, 10, 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20190166375 A1 JUN; Dong San etal. (hereafter Jun), and further in view of US 20120140821 A1
`
`Drugeon;Virginie et al. (hereafter Drugeon).
`
`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
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`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
`
`perpendicular to the first line and including values of a plurality of second decoded pixels
`
`(i.e.Fig.9, [0230], wherein top line of neighbor of current block is reference sample needed to
`
`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 valuesof
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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 performs smoothing on the derived one-dimensional array of the
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`plurality of reference samples; and generates a prediction image using the plurality of reference
`
`samples.
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 4
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`However, Drugeon teaches performs smoothing on the derived one-dimensional array
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`of the plurality of reference samples(i.e.[0060]); and generates a prediction image using the
`
`plurality of reference samples(i.e.[0061]-[0062]).
`
`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
`
`plurality of reference samples of Drugeon,in order to 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
`
`interpolation filter to the one-dimensional array of the plurality of reference samples
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`(i.e.[0093]), and the interpolation filter is applied regardless of whether a position of any of the
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`plurality of reference samples of the one-dimensional array is at an integer position or at a non-
`
`integer position (i.e.[0101], wherein pel position is integer, subpel position is a non integer).
`
`Regardingclaim 6,it is a decoder corresponding to the encoder claim 1. Jun also
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`discloses the decoder (Fig.2) doing same things as encoder does.
`
`Regarding claim 13, see the rejection for claim 1. See the rejection for claims 1, 5. Jun
`
`further discloses derive a one-dimensional array in which first reference samples are located at
`
`respective integer positions (i.e.Fig.20, [0353]-[0356], wherein the reference samples’ real
`
`number positions includes integer positions); apply an interpolation filter to the one-
`
`dimensional array to interpolate second reference samples each of which is located at a non-
`
`integer position between adjacent integer positions of two ofthe first reference samples
`
`(i.e.[0160]); and Drugeon teachescalculate a prediction value of the current pixel based on the
`
`one-dimensional array to which the interpolation filter is applied (i.e.Fig.9, [0098]).
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 5
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`Regarding claim 14, Jun discloses The encoder according to claim 13, wherein the
`
`processor is configured to interpolate an additional second reference sample located at an
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`integer position in the one dimensional array according to the interpolation filter (i.e.[0354]).
`
`Regarding claim 15, Drugeon teaches The encoder according to claim 14, wherein the
`
`processor is configured to perform weighting process on at least two ofthe first reference
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`samples in order to generate the additional second reference sample located at the integer
`
`position (i.e.[0075]).
`
`Regarding claim 16, Drugeon teaches The encoder according to claim 15, wherein one of
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`the at least two of the first reference samples has an integer position same as the integer
`
`position of the additional second reference sample (i.e.[0075)]).
`
`7.
`
`Claims 2-4, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jun, in view of
`
`Drugeon,and further in view of Min et al. (WO 2011/021839), hereafter referenced as Min.
`
`Regarding claim 2, Min teaches everything claimed as applied above (see claim 1). Min
`
`further discloses wherein the circuitry performs the smoothing (Filtering Neighboring Pixies
`
`1910, Fig.21) immediately before calculating a prediction signal based on theplurality of
`
`reference samples (Perform Intra Prediction using Selected Reference Pixels 1930, Fig.21).
`
`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, Drugeon and Min
`
`before him/her, to modify the encoder which encodes a video disclosed by Jun to include the
`
`solutions in the same field of endeavor of Drugeon and Min,in order to in order to provide a
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`moreefficient intra prediction, as taught by Drugeon (i.e.[0021]), and improve coding
`
`efficiency, as taught by Min (i.e.[0006]).
`
`Regarding claim 3, Min teaches everything claimed as applied above (see claim 1). Min
`
`further discloses wherein the smoothing is performed by applying a one dimensional spatial
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 6
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`smoothingfilter (3 tap filter, Fig.20) to the one-dimensional array of the plurality of reference
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`samples.
`
`Regarding claim 4, Min teaches everything claimed as applied above (see claim 3). Min
`
`further discloses wherein the one-dimensional spatial smoothingfilter is applied at a boundary
`
`of the one-dimensional array of the plurality of reference samples, by extending the one-
`
`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 (Fig.19 and Fig.20).
`
`Regarding claim 7, Min discloses everything claimed as applied above (see claim 6). Min
`
`further discloses wherein the circuitry performs the smoothing (Filtering Neighboring Pixies
`
`2010, Fig.22) immediately before calculating a prediction signal based on the plurality of
`
`reference samples (Perform Intra Prediction using Selected Reference Pixels 2040, Fig.22).
`
`Regarding claim 8, Min discloses everything claimed as applied above (see claim 6). Min
`
`further discloses wherein the smoothing is performed by applying a onedimensional spatial
`
`smoothingfilter (3 tap filter, Fig.20) to the one-dimensional array of the plurality of reference
`
`samples.
`
`Regarding claim 9, Min discloses everything claimed as applied above (see claim 6). Min
`
`further discloses wherein the one-dimensional spatial smoothingfilter is applied at a boundary
`
`of the one-dimensional array of the plurality of reference samples, by extending the one-
`
`dimensional array using a value of at least one reference sample located at the boundary among
`
`the plurality of reference samples (Fig.19 and Fig.20).
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 7
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`Conclusion
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`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
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`the mailing date of this action.
`
`In the eventa first reply is filed within TWO MONTHS ofthe mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any 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
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`SIX MONTHS from the dateof this final action.
`
`9.
`
`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
`
`normally be reached on Monday~ Friday (8:30 AM- 4:30 PM) EST.
`
`Examiner interviewsare 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://www.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 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
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`
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`

`

`Application/Control Number: 16/902,559
`Art Unit: 2487
`
`Page 8
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`
`/TRACYY.LI/
`Primary Examiner, Art Unit 2487
`
`