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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
`
`17/535,873
`
`11/26/2021
`
`Virginie DRUGEON
`
`2021-2415A
`
`1092
`
`Cp
`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
`
`08/14/2023
`
`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*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-9 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://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 11/26/2021 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 20230803
`
`Application No.
`Applicant(s)
`17/535,873
`DRUGEON etal.
`
`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 11/26/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() 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: 17/535,873
`Art Unit: 2487
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
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`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) was submitted on 11/26/2021. The
`
`submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statement is being considered by the examiner.
`
`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
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`correction of the statutory basis for the rejection will not be considered a new groundof
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
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`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 setforth in section 102, if the differences between the claimed
`invention andthe 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 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.
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 3
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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contentsof the prior art.
`
`2. Ascertaining the differences between the prior art and the claimsatissue.
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`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence presentin the application indicating obviousness or
`nonobviousness.
`
`This application does not currently name joint inventors.
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`3.
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`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over “High
`
`Efficiency Video Coding”; © ISO/IEC 23008-2:2013(E) (hereinafter ISO23008-2), and
`
`ITU-T H.265 “High Efficiency Video Coding”, Series H: Audiovisual and
`
`Multimedia Systems, (04/2015) (hereinafter H.265) in view of Lihua Zhu etal.,
`
`(hereinafter Zhu) (US 2010/0091837).
`
`Re Claim 1. 1S023008-2 discloses, an encoder (encoder note for buffering
`
`period, Note 4, Sec. D.3.2) comprising:
`
`memory (Digital storage medium Sec.0.3, 0.4, 0.6, 7.4.2.1); and
`
`circuitry coupled to the memory (processor connected to memory Sec.0.3,
`
`e.g., storage buffers, Sec.7.4.3.1) and configured to:
`
`store a total number of temporal sub-layers in a bitstream (determining the total
`
`number represented by the maximum number of temporal sub-layers present in a
`
`bitstream, sps_max_sub_layers_minus1 +1, Sec.7.4.3.2 and storing the RBSP
`
`containing the picture timing SEI message, Sec. D.3.3) into either a picture timing
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`supplemental enhancementinformation (SEI) message (by signaling an index within
`
`the sei_payload(payloadType, payloadSize) in the SEI message syntax per code
`
`

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`Application/Control Number: 17/535,873
`Art Unit: 2487
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`Page 4
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`Table Sec.D.2.1 for temporal sublayers,i.e.,
`
`temporal_sub_layer_zero_index)payloadSize), Sec.D.2-D.2.1 Pag.224) or
`
`a buffering period SEI message, and encodethe total numberof the temporal
`
`sub-layers (buffering the period SEI messageatline,
`
`buffering_period(payloadSize), Sec.D.2.1 code Table line 4, for buffering period,
`
`Note 4, Sec. D.3.2 and encoding at encoding engine in Sec.9.3.5.1-9.3.5.2 Fig.9-11
`
`in conformance with the bitstream for buffering period SEI messages Note 1,
`
`Sec.C.4).
`
`In an analogous art, H.265 teaches about storing and coding a total number of
`
`temporal sub-layers as claimed to,
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`store a total number of temporal sub-layers in a bitstream (number of temporal
`
`sub-layers defined by the syntax sps_max_sub_layers_minus1 plus 1,
`
`Sec.F.7.4.3.2.1. and the total number as sub_layers_vps_max-minusi1[i] plus 1,
`
`Sec.F.7.4.3.1.1, F.7.4.3.2.1) into either a picture timing supplemental enhancement
`
`information (SEl) message (in the SEI message Sec.C.1, Sec.7.4.3.4 using a
`
`temporal sub-layer index SEI message at Note 1, Sec.7.4.7.1) or
`
`a buffering period SEI message(or in the buffering period SEI message
`
`Sec.C.1 at point 4. and 6.), and
`
`A supplementary search directs to the art to Zhou, teaching the claimed
`
`limitations as,
`
`memory; and
`
`circuitry coupled to the memory and configuredto:
`
`store a total number of temporal sub-layers in a bitstream into either a picture
`
`timing supplemental enhancement information (SEI) messageor
`
`a buffering period SEI message, and
`
`encode the total number of the temporal sub-layers (a memory and the encoder
`
`processing unit ...... have a buffering_period(payloadSize) signaled with a SPS
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`seq_parameter_set_id at Table 5 and the number of temporallayers in bitstream,
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 5
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`Par.[0028] Tab.3-6, buffering period SEI at Par.[0007, 0010, 0015, 0018, 0021, 0026]
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`Table 2, Fig.5 Fig.2).
`
`The ordinary skilled in the art would have identified the subject matter in
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`1IS023008-2 disclosing specific syntax designed to increase the compression rate and
`
`the image quality (Sec.0.7) and seek the incentive to detail media signaled syntax by
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`referencing to specific known standards, as the H.265 for digital coding, storage and
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`distribution of moving pictures (Sec.0.3) and to further reference other relevant
`
`analogous art defining the spatial and temporal changes related to the HRD parameters
`
`use din scalable video coding defined in the art to Zhou, (Abstract) hence deeming
`
`such combination predictable.
`
`Re Claim 2. 18023008-2, H.265 and Zhou disclose, the encoder according to
`
`claim 1,
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`IS023008-2, teaches, wherein for each of the temporal sub-layers, the circuitry
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`stores a total number of schedulesinto either the picture timing SEI message or the
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`buffering period SEI message (see ISO23008-2 at claim 1 and mapped similar
`
`limitations under H.265 and Zhou), and
`
`encodesthe total number of the schedules, the schedules corresponding to the
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`temporal sub-layer in the bitstream (encoding the total number of schedules,
`
`Sec.C.1 Pg. 212, Sec.C.5.1 Pg.219-220 according to the hRD beinginitialized by
`
`the buffering period SEI Sec.D2.2, D3.2).
`
`Re Claim 3. 1S023008-2, H.265 and Zhou disclose, the encoder according to
`
`claim 1,
`
`IS023008-2, teaches, wherein the circuitry encodes the total numberof the
`
`temporal sub-layers in the bitstream into the buffering period SEI message (encoding
`
`the total number of the temporal sub-layers in the bitstream, from the
`
`stored/buffered period SEI message, at the encoding engine in Sec.9.3.5.1-9.3.5.2
`
`

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`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 6
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`Fig.9-11 in conformance with the bitstream for buffering period SEI messages
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`Note 1, Sec.C.49).
`
`In H.265, (Sec.3.17).
`
`Zhou teaches about buffering into the SEI message (Table 2).
`
`Re Claim 4. 1S023008-2, H.265 and Zhou disclose, the encoder according to
`
`claim 3,
`
`ISO23008-2, teaches, wherein the total number of the temporal sub-layers which
`
`is encodedinto the buffering period SE] messageis equal to a total numberof the
`
`temporal sub-layers which is encoded into a sequence parameter set (one of ordinary
`
`skill would have found obvious to consider that the total number of the temporal
`
`sub-layers which is encodedinto the buffering period SEI message, is the same
`
`with the temporal sub-layers in the signaled SPS syntax, per
`
`sps_max_dec_pic_buffering_minus1 [HighestTid] + 1, as derived from SPS, is
`
`defined at Sec.C.5.1, C.5.2, or in a SPS determining the total number represented
`
`by the maximum number of temporal sub-layers presentin a bitstream,
`
`sps_max_sub_layers_minus1 +1, Sec.7.4.3.2 and storing the RBSP containing
`
`the picture timing SEI message, Sec. D.3.3).
`
`Zhou teachesthis limitation at (Table 2, Par.[0015]).
`
`Re Claim 5. This claim represents the decoder side of the coding apparatus,
`
`where IS023008-2 discloses the “encoding engine is essentially symmetric with the
`
`decoding engine’, according to claim 1, henceit is rejected on the same evidentiary
`
`probe mapped mutatis mutandis.
`
`Re Claim 6. This claim represents the decoderside of the coding apparatus,
`
`where IS023008-2 discloses the “encoding engine is essentially symmetric with the
`
`decoding engine’, according to claim 2, henceit is rejected on the same evidentiary
`
`probe mapped mutatis mutandis.
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 7
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`Re Claim 7. This claim represents the decoderside of the coding apparatus,
`
`where IS023008-2 discloses the “encoding engine is essentially symmetric with the
`
`decoding engine’, according to claim 3, henceit is rejected on the same evidentiary
`
`probe mapped mutatis mutandis.
`
`Re Claim 8. This claim represents the decoderside of the coding apparatus,
`
`where IS023008-2 discloses the “encoding engine is essentially symmetric with the
`
`decoding engine’, according to claim 4, henceit is rejected on the same evidentiary
`
`probe mapped mutatis mutandis.
`
`Re Claim 9. This claim represents the non-transitory computer readable medium
`
`storing a bitstream, storing data for encoding according to the encoder claim 1 and
`
`decoding according to the decoder claim 6, hence it is rejected on the same evidentiary
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`probe mapped mutatis mutandis.
`
`Conclusion
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`4.
`
`The prior art made of record and notrelied upon,
`
`is considered pertinent to applicant's
`
`disclosure. See PTO-892 form. Applicant is required under 37 C.F.R. 1.111(c) to consider
`
`these references when responding to this action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DRAMOS KALAPODAS whosetelephone numberis
`
`(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-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 8
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`
`DRAMOS . KALAPODAS
`
`Primary Examiner
`
`Art Unit 2487
`
`/DRAMOS KALAPODAS/
`
`