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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
`
`17/034,248
`
`09/28/2020
`
`Noritaka IGUCHI
`
`2020-2486
`
`6598
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`CHOKSHI, PINKAL R
`
`2425
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/10/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-4 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-4 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) The drawing(s) filed on 09/28/2020 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) 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)¥) All
`1.2 Certified copies of the priority documents have been received.
`2.[¥} Certified copies of the priority documents have beenreceived in Application No. 15/177,482.
`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 20210419
`
`Application No.
`Applicant(s)
`17/034,248
`IGUCHI et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`PINKAL R CHOKSHI
`2425
`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 09/28/2020.
`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.
`
`

`

`Application/Control Number: 17/034,248
`Art Unit: 2425
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statementfiled on 11/06/2020 fails to comply with the
`
`provisions of 37 CFR 1.97, 1.98 and MPEP § 609 becauseall the references in this IDS
`
`werepreviously cited in the IDS filed on 09/28/2020.
`
`It has been placed in the
`
`application file, but the information referred to therein has not been considered asto the
`
`merits. Applicant is advised that the date of any re-submission of any item of
`
`information contained in this information disclosure statement or the submission of any
`
`missing element(s) will be the date of submission for purposes of determining
`
`compliance with the requirements based on the time offiling the statement, including all
`
`certification requirements for statements under 37 CFR 1.97(e). See MPEP
`
`§ 609.05 (a).
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`3.
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`least one examined application claim is not patentably distinct from the reference
`claim(s) because the examined application claim is either anticipated by, or would have
`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`

`

`Application/Control Number: 17/034,248
`Art Unit: 2425
`
`Page 3
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`may be used to overcome an actual or provisional rejection based on nonstatutory
`double patenting provided the reference application or patent either is shownto be
`commonly owned with the examined application, or claims an invention made as a
`result of activities undertaken within the scope of a joint research agreement. See
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(I)(1) -
`706.02(l)(3) for applications not subject to examination under the first inventor tofile
`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
`1.321 (b).
`The USPTOInternet website contains terminal disclaimer forms which may be
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`all requirements is auto-processed and approved immediately upon submission. For
`more information about eTerminal Disclaimers, refer to
`nrocessfle/ets/quidance/eTD-info-1 i Sp.
`Wray. usDotO cov/oatents/
`
`
`
`
`
`4.
`
`Claims 1-4 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1 and 3-5 of U.S. Patent No. 10,827,208. Although the claims
`
`at issue are notidentical, they are not patentably distinct from each other because of
`
`the following reason:
`
`Instant Application # 17/034,248
`1. A transmitting method comprising:
`dividing an accessunit into slice
`segmentsor tiles, encoding the slice
`segmentsor the tiles, and storing at
`least one of the encodedslice segments
`or at least one of the encoded tiles ina
`network abstraction layer (NAL) unit, the
`access unit being an image included in a
`video signal;
`
`storing the NAL unit in a data unit; 1. A transmitting method comprising:
`
`US Patent # 10,827,208
`
`dividing an accessunit into slice
`segmentsor tiles, encoding the slice
`segmentsor the tiles, and storing at
`least one of the encoded slice
`segments or at least one of the
`encoded tiles in a network abstraction
`layer (NAL) unit, the access unit being
`an image included in a video signal;
`
`storing the NAL unit in a data unit
`containing a plurality of NAL units, the
`NAL unit and the data unit
`corresponding to each other on a one-
`to-one basis;
`
`

`

`Application/Control Number: 17/034,248
`Page 4
`Art Unit: 2425
`
`
`storing, in a NAL unit different from the
`NAL unit in which the video signalis
`stored, a parameter set for encoding the
`video signal;
`
`storing, in a NAL unit different from the
`NAL unit in which the video signalis
`stored, a parameter set for encoding
`the video signal;
`
`storing the data unit in a packet, in units
`of one data unit, in units of a plurality of
`data units including the data unit, or in
`units of portions into which the data unit
`is divided, and generating a packet
`group, the packet in which the data unit
`is stored being different from a packetin
`which a data unit including the
`parameter set is stored;
`
`storing the data unit in a packet, in
`units of one data unit, in units of a
`plurality of data units including the data
`unit, or in units of portions into which
`the data unit is divided, and generating
`a packet group, the packet in which the
`data unit is stored being different from
`a packetin which a data unit including
`the parameter set is stored;
`
`transmitting the generated packet group
`as data;
`
`transmitting the generated packet
`group as data;
`
`generating first information and second
`generating control information, the
`control information including
`information, the first information
`
`presentation time information ofafirst indicating a presentation time of a first
`access unit that is presentedfirst
`accessunit, and information used to
`calculate a decoding time of the plurality
`among the plurality of access units
`including the access unit, and the
`of access units; and
`second information being used to
`calculate a decoding time of the
`plurality of access units; and
`
`transmitting the control information,
`
`transmitting the first information and the
`second information as control
`information,
`
`wherein the control information is stored
`and transmitted in a payload of a
`different packet, the different packet
`including a header and the payload and
`the different packet including the payload
`being different from a packet in which
`the data is stored.
`
`wherein the control information is
`stored and transmitted in a payload of a
`different packet, the different packet
`including a header and the payload and
`the different packet including the
`payload being different from a packetin
`which the data is stored.
`
`2. A receiving method comprising:
`receiving a packet group, the packet
`group being obtained by dividing an
`access unit into slice segmentsor tiles,
`
`access unit into slice segmentsor tiles, encoding the slice segments or the tiles,
`
`3. A receiving method comprising:
`receiving a packet group, the packet
`group being obtained bydividing an
`
`encoding the slice segments or the
`
`

`

`Application/Control Number: 17/034,248
`Art Unit: 2425
`
`
`Page 5
`
`storing at least one of the encodedslice
`segmentsor at least one of the encoded
`tiles in a network abstraction layer (NAL)
`unit wherein the accessunit is an image
`included in a video signal, storing the
`NAL unit in a data unit, and storing in a
`NAL unit different from the NAL unit in
`which the video signal is stored, a
`parameter set for encoding the video
`signal;
`
`tiles, storing at least one of the
`encodedslice segmentsor at least one
`of the encoded tiles in a network
`abstraction layer (NAL) unit wherein the
`accessunit is an image included ina
`video signal, storing the NAL unit ina
`data unit containing a plurality of NAL
`units wherein the NAL unit and the data
`unit correspond to each other on a one-
`to-one basis, and storing in a NAL unit
`different from the NAL unit in which the
`video signal is stored, a parameter set
`for encoding the video signal;
`
`receiving control information including
`receiving control information, the control
`information including presentation time
`first information and second
`information, the first information
`information of a first access unit, and
`
`information used to calculate a decoding indicating a presentation time ofafirst
`time of the plurality of access units; and
`accessunit that is presentedfirst
`among the plurality of access units
`including the access unit, and the
`second information being used to
`calculate a decoding time of the
`plurality of access units; and
`
`decoding the accessunits included in
`the received packet group based on the
`control information,
`
`decoding the accessunits included in
`the received packet group based on the
`first information and the second
`information,
`
`wherein the control information is stored
`and transmitted in a payload of a
`different packet, the different packet
`including a header and the payload and
`the different packet including the payload
`being different from a packet in which
`the data is stored, and
`
`wherein the control information is
`stored and transmitted in a payload of a
`different packet, the different packet
`including a header and the payload and
`the different packet including the
`payload being different from a packetin
`which the data is stored, and
`
`the data unit is stored in a packet, in
`units of one data unit, in units of a
`plurality of data units including the data
`unit, or in units of portions into which the
`data unit is divided, the packet in which
`the data unit is stored being different
`from a packetin which a data unit
`including the parameter set is stored.
`
`the data unit is stored in a packet, in
`units of one data unit, in units of a
`plurality of data units including the data
`unit, or in units of portions into which
`the data unit is divided, the packetin
`which the data unit is stored being
`different from a packet in which a data
`
`

`

`Application/Control Number: 17/034,248
`Art Unit: 2425
`
`
`Page 6
`
`unit including the parameter setis
`stored.
`
` Claims 3-4 include similar language as
`
`Claims 4-5 include similar language as
`above claims.
`
`above claim.
`
`Based on the above analysis, it would have been obvious to one of the ordinary
`
`skills in the art before the effective filing date of the invention to modify claims of Instant
`
`Application by broadening claims by removing the limitation the NAL unit and the data
`
`unit corresponding to each other on a one-to-one basis as taught by US Patent
`
`10,701,438 in order to store one slice segment in one NAL unit, it is desirable to divide
`
`an access unit in slice segment units when the access unit is divided into areas.
`
`Allowable Subject Matter
`
`5.
`
`Claims 1-4 would be allowable if Applicant overcomes the nonstatutory double
`
`patenting rejection, set forth in this Office action, byfiling a terminal disclaimer.
`
`Conclusion
`
`6.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`°
`
`US 10070125 to Hannuksel discloses a method for video coding and
`
`decoding.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PINKAL R CHOKSHI whosetelephone number is
`
`(571)270-3317. The examiner can normally be reached on Monday- Friday, 7am-5pm.
`
`

`

`Application/Control Number: 17/034,248
`Art Unit: 2425
`
`Page 7
`
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`
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`
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`
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`
`supervisor, BRIAN T PENDLETON canbe reached on (571)272-7527. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
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`
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`
`/PINKAL R CHOKSHI/
`Primary Examiner, Art Unit 2425
`
`