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
`
`17/527,546
`
`11/16/2021
`
`Yusuke KATO
`
`2021-2384A
`
`4480
`
`ie
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`KALAPODAS, DRAMOS
`
`2487
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/04/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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*
`1-12 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-12 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} 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://Awww.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 11/16/2021 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)1) 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)Q) 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.
`3.4.) 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)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230929
`
`Application No.
`Applicant(s)
`47/527 ,546
`KATOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DRAMOS KALAPODAS
`2487
`Yes
`
`
`
`-- The MAILING DATEof this 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 08/21/2023.
`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.
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`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 statements (IDS) was submitted on 05/31/2023. The
`
`submissions are in compliance with the provisions of 37 CFR § 1.97. Accordingly, the
`
`information disclosure statements are being considered by the examiner.
`
`3.
`
`Claims 1-12 are currently pending
`
`Claim Status
`
`Response to Arguments
`
`4.
`
`Applicant’s arguments with respect to the rejection(s) of claims 1-12, have been
`
`fully considered but are found unpersuasive.
`
`Applicants argument in chief relies on the paragraph on Pg. 8 of the Remarksfiled on
`
`08/21/2023, citing;
`
`“Regarding these cited portions of IEC 23008, while these cited portions show,
`
`for example, an initialization process for context variables, Applicant respectfully
`
`submits that such portions do not disclose skipping encoding of the plurality
`
`of coefficient information flags.
`
`Assuch, it is respectfully submitted that IEC 23008 doesnot disclose or suggest the
`
`features recited in claim 1 which indicate that in the second case where the
`
`orthogonal transform is skipped, when the number of CABACprocessesis not
`
`within the allowable range, the encoding of the plurality of coefficient information
`
`flags is skipped. “.
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 3
`
`Examiner respectfully disagrees and contendsthat the argument raised under
`
`the “plurality of coefficient information flags is skipped. “, finds no support in the
`
`claimed language, where skipping the coefficients information flag remains unclaimed.
`
`It remains unclear to what coefficients flag the Applicants relate to, regarding the
`
`context model selected which maybe; e.g., a significant coefficient flag, the absolute
`
`level greater “than” flag, or coefficient sign flag for context modeling, etc., since the
`
`respective “coefficient information flags is skipped”is not being recited at claims,
`
`nor is defined in specification.
`
`The NPL art to Jianle CHEN etal., "Algorithm description for Versatile Video
`
`Coding and Test Model 5 (VTM 5)", Joint Video Experts Team (JVET) of ITU-T SG 16
`
`WP 3 and ISO/IEC JTC 1/SC 29/WG 11, 14th Meeting: Geneva, CH, Document: JVET-
`
`N1002-v1, March 2019,
`
`IDS of 05/31/2023, identifies matter claimed under the
`
`Transform Skip mode at Sec.3.5.1-3.5.2
`
`Also the IDS filed NPL to; BROSS, B, et al., Non-CE8: Unified Transform Type 1-
`
`8Signalling and Residual Coding for Transform Skip, Joint Video Experts Team (JVET),
`
`15 January 2019, [JUVET-MO464-v4], certain coefficient flags are not signaled per
`
`Sec.3 “Residual Coding for Transform Skip”.
`
`Examiner reanalyzed the prior arts to “IEC 23008” and Zhang, and accordingly
`
`re-mappedthe claims for moreclarity.
`
`Applicant's representative is encouraged to contact the examiner with different
`
`interpretation of the claims or with matter advancing the prosecution.
`
`Clarification is requested.
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`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-AIA 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 either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections 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 effectivefiling date of the claimed invention to a person having ordinary skill in
`the art to which the claimed invention pertains. Patentability shall not be negated by the manner
`in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`4. Considering objective evidence present in the application indicating obviousnessor
`nonobviousness.
`
`This application does not currently name joint inventors.
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 5
`
`5.
`
`Claims 1-12 are rejected under 35 U.S.C. 103 as being obvious over H.265
`
`(ISO/IEC 23008-2 HEVC) / HEVC (High Efficiency Video Coding), December1, 2013
`
`(hereinafter “IEC 23008”) in view of Kai Zhang etal., (hereinafter Zhang) (US
`
`2022/0094986)further in view of the NPLsto Jianle CHENetal., (hereinafter CHEN)
`
`“Algorithm description for Versatile Video Coding and Test Model 5 (VTM 5)",
`
`Joint Video Experts Team (JVET) of ITU-T SG 16 WP 3 and ISO/IEC JTC 1/SC
`
`29/WG 11, 14th Meeting: Geneva, CH, Document: JVET- N1002-v1, March 2019 and
`
`BROSS,B, etal., (hereinafter BROSS) “Non-CE8: Unified Transform Type 1-
`
`8Signalling and Residual Coding for Transform Skip, Joint Video Experts Team
`
`(JVET), 15 January 2019,[JUVET-M0O464-v4].
`
`Re Claim 1. (Original) “IEC 23008”discloses, an encoder (encoderflowchart in
`
`Fig.9-10 or 9-11, Sec.06 with reference to encoding engine processing by an
`
`encoder, Sec.9.3.5) comprising:
`
`circuitry (the encoder structure is obviated by the encoding process
`
`described for encoding slice segments of data, at Sec.9.3.5.2); and
`
`memory coupled to the circuitry (memory at Prologue Sec.0.2, or Sec.7.4.3.2,
`
`or 9.3.2.3), wherein:
`
`in both of a first case where an orthogonaltransform is performed and a second
`
`case wherethe orthogonaltransform is skipped in residual coding of a current block
`
`(the implied encoding circuitry performing both cases of coding by applying an
`
`orthogonal transform and skipping the transform process,firstly a DCT transform
`
`is applied to the horizontal and vertical block coefficients at Sec.D.3.13, Pg.254-
`
`256 and secondly the transform skip coding mode, Table 9-25 as being enabled
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 6
`
`by a flag, transform_skip_enabled_flag, signaled in the residual coding syntax by
`
`PPS parameterat the program codelin. 13, in Table 7.3.2.3, Table 7.3.8.11,
`
`Sec.7.4.3.3),
`
`when a number of Context-based Adaptive Binary Arithmetic Coding (CABAC)
`
`processesis within an allowable range (number of CABACprocessesis considered,
`
`and constrained to a number/range of bins Sec.7.4.3.10), the circuitry (initiating a
`
`CABACbinarization signaled via PPS to decoderbya flag,
`
`cabac_init_present_flag, equal to 1, Sec.7.4.3.3, Sec.7.4.3.10 or, 7.4.7, Fig.9-1
`
`Sec.9.3.1-9.3.2, 9.3.2.2 etc.):
`
`encodesa plurality of coefficient information flags by CABAC, each of the
`
`plurality of coefficient information flags relating to a coefficient included in the current
`
`block (encoding the flags signaling the CABACapplied to the block coefficients,
`
`Sec.7.4.3.3, Sec.7.4.3.10 or, 7.4.7, Fig.9-1 Sec.9.3.1-9.3.2, 9.3.2.2 and/or the
`
`binarization process for coeff_abs_level_remaining[n] at Sec.9.3.3.9 ); and
`
`encodes a remainder value of the coefficient with Golomb-Rice code (encoding
`
`by applying the Golomb-Rice binarization to the remaining block transform
`
`coefficients, by encoder signaling the coeff_abs_level_remaining[n], Sec.7.4.9.11,
`
`Pg.92); and
`
`when the number of CABACprocessesis not within the allowable range
`
`(defining a range, for the CABAC and Golomb-Rice binarization Sec.9.3, per
`
`iviCurrRange, being set to value 520, at Sec.9.3.2.5), the circuitry:
`
`skips the encoding ofthe plurality of coefficient information flags (using bypass
`
`and/or skipping the encoding of coefficient flags, Table 9-4, Sec.9.3.2.2 and
`
`skipping the coding unit flags by the syntax cu_skip_flag, in Table 9-4 and
`
`referenced in Table 9-9 cited below
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 7
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`Table 9-9 — Values of initValue for ctxIdx of ca_skipflag
`
`Initialization
`variable
`
`etxEds of cu_skipflag
`
`But¥ akue and at the
`
`coding unit syntax Sec.9.3.3.1 Table 9-32, Pg.173 of associated binarizations of
`
`syntax elements representing the coefficients flag skipping cu_skip_Flag , of the
`
`coding_ unit () according to the input parameters binarized value, cMax ),
`
`wherein in the first case where the orthogonal transform is performed, the
`
`circuitry (for the regular coding process while applying the orthogonal transform
`
`e.g., DCT transform is applied to the horizontal and vertical block coefficients at
`
`Sec.D.3.13, Pg.254-256):
`
`However, while “IEC 23008”, discloses the coding process under regular data
`
`block coefficient transform and the alternative of using binarization of the coding syntax
`
`under CABAC and Golomb-Rice methods, the document does not teach the conversion
`
`of the current pixel to a second value derived from collocated neighboring coefficients
`
`positioned within the data block, named “poszero’,
`
`Zhang discloses a similar coding process under whichthe following claimed
`
`limitations are taught,
`
`when the number of CABACprocessesis not within the allowable range (the
`
`number of CABAC context codedbinsis restricted to a threshold no larger than 2
`
`bins per sample, Par.[0170] Pg.45 of 65), the circuitry:
`
`wherein in the first case where the orthogonal transform is performed, the
`
`circuitry (the coefficient transform is applied to the coding block, during entropy
`
`coding Sec.2.5 Par.[0135] code Table 7.3.7.11 Par.[0160]):
`
`converts the coefficient to a second coefficient by using a poszero value thatis
`
`determined using a plurality of surrounding coefficients of the coefficient within the
`
`current block (determining a second coefficient value of “poszero” concept by
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 8
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`computing the sum of absolute values of neighboring pixels, sumAbs, Par.[0145-
`
`0149], i.e., Fig.18); and
`
`encodesa value of the second coefficient with the Golomb-Rice code (encoding
`
`the secondcoefficient value by Golomb-Rice coding, Par.[0138-0149]), and
`
`wherein in the second case where the orthogonal transform is skipped, the
`
`circuitry (defining a second case where the orthogonal transform is skipped,
`
`Sec.7.3.6.10 Par.[0170]):
`
`encodesthe value of the coefficient with the Golomb-Rice code (encoding the
`
`value of the coefficient according to a signaledflag,
`
`transform_skip_enabled_flag, code table 7.3.6.10, at Par.[0170)).
`
`Further, the IDS artto:
`
`Chenteaches about , the (orthogonal Transform Skip modeat Sec.3.5.1-
`
`3.5.2)
`
`And;
`
`Bross teaching about, (certain coefficient flags are not signaled per Sec.3
`
`“Residual Coding for Transform Skip”).
`
`It has been found obvious thatprior to the effective filing date of the invention,
`
`the non-patentliterature of “IEC 23008” teaches various coding methods and apparatus
`
`principles of data coding as being applied to transformed blocksor transform skip
`
`modes, along with the use of CABAC, Golomb-Ricebinarization under specific
`
`conditions, which would have determined the ordinary skilled to seek other methods
`
`deemedto improve the compression performance of the previous video coding
`
`standards by providing a higher coding efficiency as identified in the art to Zhang,
`
`(Par.[0037-0038]), which in combination would have proved predictable for adopting
`
`coding methods in commonly applied coding process, where in support for the
`
`combined art rationale, Chen and Bross teach similar methods of transform skip without
`
`signaling the coefficients’ flags, thus finding the combination predictable.
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 9
`
`Re Claim 2. (Original) “IEC 23008”, Zhang, Chen and Brossdisclose, the
`
`encoder according to claim 1,
`
`Zhang teaches, wherein the poszero value is determined based on a sum of
`
`absolute values of the plurality of surrounding coefficients (Par.[0151-0155, 0238)).
`
`Chen, teachesthe (posZero at Sec.3.6.2).
`
`Re Claim 3. (Original) “IEC 23008”, Zhang, Chen and Brossdisclose, the
`
`encoder according to claim 1,
`
`Zhang teaches eachof these conditions, wherein in the conversion of the
`
`coefficient, when the value of the coefficient is zero, the value of the second coefficient
`
`is equal to the poszero value, when an absolute value of the coefficient is equal to or
`
`smaller than the poszero value, the value of the second coefficient is a value obtained
`
`by subtracting one from the absolute value of the coefficient, and when the absolute
`
`value of the coefficient is larger than the poszero value, the value of the second
`
`coefficient is equal to the absolute value of the coefficient (see all conditions at
`
`Par.[0145-0148)).
`
`Re Claim 4. (Original) “IEC 23008”, Zhang, Chen and Brossdisclose, the
`
`encoder according to claim 1, wherein the plurality of coefficient information flags
`
`include:
`
`Zhang teaches about,afirst flag indicating whether the value of the coefficient is
`
`zero or non-zero (the sig_coeff_flag for non-zero coefficients, Par.[0151]);
`
`a secondflag indicating whether an absolute value of the coefficient is greater
`
`than a certain value (the gt1_flag and gt2_flag, Par.[0156]); and
`
`a third flag indicating whether the coefficient is an odd number or an even
`
`number (a parity flag, par_flag, Par.[0156)).
`
`Re Claim 5. (Original) “IEC 23008”, Zhang, Chen and Brossdisclose, the
`
`encoder according to claim 1,
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 10
`
`Zhang teaches, wherein the current block includesa plurality of coefficients, and
`
`wherein the encoding of the plurality of coefficient information flags and the remainder
`
`value, or,
`
`the encoding of the value of the coefficient or the value of the second coefficient
`
`is performed for each of the plurality of coefficients (Par.[0145-0148)).
`
`Re Claim 6. (Original) “IEC 23008”, Zhang, Chen and Brossdisclose,, the
`
`encoder according to claim 1,
`
`Zhang teaches, wherein the remainder value is a value to be used with the
`
`plurality of coefficient information flags to reconstruct the value of the coefficient (the
`
`remainder value information flag is used at decoder to reconstruct the current
`
`coefficient, Par.[0141-0145, 0150-0151, 0159] or remainder code line in Table at
`
`Pg.6, etc.,).
`
`Re Claim 7. (Original) This claim represents the encoding method implementing
`
`each and everylimitation in the same order as the method claim 1, henceit is rejected
`
`on the same evidentiary probe mapped mutatis mutandis.
`
`Re Claims 8-12. (Original) These Claims represent the encoding method
`
`implementing each and every limitation in the same order as the method claims 2-6
`
`respectively, hence are rejected on the same evidentiary probe mapped mutatis
`
`mutandis.
`
`Conclusion
`
`6.
`
`Applicant's submission of an information disclosure statement under 37 CFR
`
`1.97(c) with the fee set forth in 37 CFR 1.17(p) on 05/31/2023, prompted the new
`
`ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 11
`
`MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`Applicant is reminded of the 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 the mailing date of this action. In the eventafirst reply is filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory 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 SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DRAMOS KALAPODASwhosetelephone number is (571)272-
`
`4622. The examiner can normally be reached on Monday-Friday 8am-5pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.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 assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`

`

`Application/Control Number: 17/527,546
`Art Unit: 2487
`
`Page 12
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
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`
`DRAMOS . KALAPODAS
`Primary Examiner
`Art Unit 2487
`
`/DRAMOS KALAPODAS/
`
`