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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
`
`17/537,930
`
`11/30/2021
`
`Tadamasa Toma
`
`2021-2506A
`
`3117
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`NGUYEN, KATHLEEN V
`
`2486
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/25/2023
`
`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*
`1-6 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-6 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 11/30/2021 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 20230912
`
`Application No.
`Applicant(s)
`17/537 ,930
`Tomaetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KATHLEEN V NGUYEN
`2486
`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 11/30/2021.
`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: 17/537,930
`Art Unit: 2486
`
`Page 2
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`DETAILED ACTION
`
`The communication is in responseto the application filed 11/30/2021, in which claims1-
`
`6 are pending and are examined as follow.
`
`Notice ofPre-AIA or AIA Status
`
`The presentapplication, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 11/30/2021. The submissionis
`
`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 eventthe determination ofthe status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (oras subject to pre-AJA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis (i.e., changing from AIA to pre-AIJA)for the rejection will not be considered a
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`new groundof rejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereitherstatus.
`
`The followingis a quotation of 35 U.S.C. 103 which formsthe 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
`betweenthe claimed invention andtheprior art are such that the claimed invention as a
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 3
`
`whole would have been obviousbeforethe 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 mannerin which the invention was made.
`
`Thetext of those sections of Title 35, U.S. Code not includedin this action can be found
`in a prior Office action.
`The factual inquiries for establishing a backgroundfor determining obviousness under 35
`U.S.C. 103 are summarizedas follows:
`1. Determining the scope and contents of the priorart.
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`3. Resolving the level of ordinary skill in the pertinentart.
`4. Considering objective evidence presentin the application indicating obviousness or
`nonobviousness.
`
`1.
`
`Claims 1-6 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Xiu et
`
`
`
`al. (U.S 2021/0385481) hereinafter (U.S 2022/0116655) hereinafter Xiu, in view of Liu et al.
`
`
`
`Liu.
`
`Regarding claim 1, Xiu discloses an encoder(Xiu [0041]: encoder) comprising:
`
`circuitry; and memory coupledto the circuitry (Xiu [0044]: circuitries, [0041]: memory),
`
`wherein in operation, the circuitry:
`
`derives a gradient value using acommon deriving method shared between a case where a
`
`prediction imageto be used to encodeacurrentblock is generated accordingto a bi-directional
`
`optical flow (BDOF)and a case wherethe prediction image is generated according to a
`
`prediction refinement with optical flow (PROF) (Xiu [0063]: bi-directional optical flow
`
`(BDOF)is applied to refine the prediction samples of bi-predicted coding blocks; [0100]:
`
`harmonize the design of BDOF and PROFin order to maximally shared their existing
`
`logics; [0126], [0101]: a deriving method when both BDOFand PFOFareapplied; [0135],
`
`[0138]-[0140]: BDOF and PROFsharing samepipeline stage and methodfor
`
`harmonization for the BDOFand the PROF); and
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 4
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`generates the prediction image using the gradient value in both the case where the
`
`prediction image is generated according to the BDOFand the case where the prediction imageis
`
`generated according to the PROF (Xiu [0062]-]0067]: gradient value is used in BDOF; [0076]-
`
`[0080]: gradient value is used in PROF; [0097]: gradients need to be calculated for each
`
`sample inside the current coding block for both BDOF and PROF; [0103], [0138]-[0140):
`
`calculate gradient values that are used by the BDOF and the PROF), and in the common
`
`deriving method, the gradient value is derived by performing a subtraction process and
`
`performing a shift operation process (Xiu [0065 ]-[0067], [0109]: shift process to obtain
`
`prediction sample and gradient value; [0106], [0122]: applying shifts to the difference value
`
`of the neighboring prediction samples, wherein difference value is obtained by subtraction.
`
`Hence, applying shifts operation after a subtraction process).
`
`Xiu does not explicitly disclose the gradient value is derived by performing a subtraction
`
`process after performing a shift operation process.
`
`However, Liu discloses the gradient value is derived by performing a subtraction process
`
`after performing a shift operation process (Liu [0011]: bi-directional optical flow (BIO) and
`
`vector refinement technique; [0172]-[0179]: in gradient calculation, subtraction may be
`
`performedafter a shift process).
`
`It would have been obvious to a person of ordinary skill in the art before the effective
`
`filing date of the claimed invention to use the system, as disclosed by Xiu, and further
`
`incorporate having the gradient value is derived by performing a subtraction process after
`
`performing a shift operation process, as taught by Liu, to improve compression and quality of
`
`video (Liu [0045 ]-[0046], [(0337]).
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 5
`
`Regarding claim 4, Xiu discloses a decoder (Xiu [0058]: decoder) comprising:
`
`circuitry; and memory coupledto the circuitry (Xiu [0058]: memory, [0174], [0169]:
`
`circuit and processor), wherein in operation, the circuitry:
`
`derives a gradient value using acommon deriving method shared between a case where a
`
`prediction imageto be used to decodeacurrentblock is generated accordingto a bi-directional
`
`optical flow (BDOF)and a case wherethe prediction image is generated according to a
`
`prediction refinement with optical flow (PROF) (Xiu [0063]: bi-directional optical flow
`
`(BDOF)is applied to refine the prediction samples of bi-predicted coding blocks; [0100]:
`
`harmonize the design of BDOF and PROFin order to maximally shared their existing
`
`logics; [0126], [0101]: a deriving method when both BDOFand PFOFareapplied; [0135],
`
`[0138]-[0140]: BDOF and PROFsharing samepipeline stage and methodfor
`
`harmonization for the BDOFand the PROF); and
`
`generates the prediction image using the gradient value in both the case where the
`
`prediction image is generated according to the BDOFand the case where the prediction imageis
`
`generated according to the PROF (Xiu [0062]-]0067]: gradient value is used in BDOF; [0076]-
`
`[0080]: gradient value is used in PROF; [0097]: gradients need to be calculated for each
`
`sample inside the current coding block for both BDOF and PROF; [0103], [0138]-[0140):
`
`calculate gradient values that are used by the BDOF and the PROF), and in the common
`
`deriving method, the gradient value is derived by performing a subtraction process and
`
`performing a shift operation process (Xiu [0065 ]-[0067], [0109]: shift process to obtain
`
`prediction sample and gradient value; [0106], [0122]: applying shifts to the difference value
`
`of the neighboring prediction samples, wherein difference value is obtained by subtraction.
`
`Hence, applying shifts operation after a subtraction process).
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 6
`
`Xiu does not explicitly disclose the gradient value is derived by performing a subtraction
`
`process after performing a shift operation process.
`
`However, Liu discloses the gradient value is derived by performing a subtraction process
`
`after performing a shift operation process (Liu [0011]: bi-directional optical flow (BIO) and
`
`vector refinement technique; [0172]-[0179]: in gradient calculation, subtraction may be
`
`performedafter a shift process).
`
`It would have been obvious to a person of ordinary skill in the art before the effective
`
`filing date of the claimed invention to use the system, as disclosed by Xiu, and further
`
`incorporate having the gradient value is derived by performing a subtraction process after
`
`performing a shift operation process, as taught by Liu, to improve compression and quality of
`
`video (Liu [0045 ]-[0046], [(0337]).
`
`Regarding claims 2 and 5, Xiu and Liu discloseall limitations of claims 1 and 4,
`
`respectively.
`
`Xiu discloses wherein in the commonderiving method, the shift operation process is
`
`performed on each of pixel values, and the subtraction process is performed on the pixel values
`
`by deriving a difference betweenthe pixel values (Xiu [0065 ]-[0067], [0109]: shift process to
`
`obtain prediction sample and gradient value; [0106], [0122]: applying shifts to the
`
`difference value of the neighboring prediction samples, wherein difference valueis
`
`obtained by subtraction. Hence, applying shifts operation after a subtraction process).
`
`Xiu does not explicitly disclose after the shift operation process is performed on each of
`
`the pixel values, the subtraction process is performed on the pixel values by deriving a difference
`
`betweenthe pixel values.
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 7
`
`However, Liu discloses wherein in the common deriving method,the shift operation
`
`process is performed on each of pixel values, and after the shift operation process is performed
`
`on each ofthe pixel values, the subtraction process is performed on the pixel values by deriving a
`
`difference betweenthe pixel values (Liu [0172]-[0180]: determine difference between two
`
`neighboring samples and shift may be performed during the gradient calculation, wherein
`
`subtraction may be performedafter shifts of each sample as in [0179]).
`
`It would have been obvious to a person of ordinary skill in the art before the effective
`
`filing date of the claimed invention to use the system, as disclosed by Xiu, and further
`
`incorporate having in the commonderiving method,the shift operation process is performed on
`
`each of pixel values, and after the shift operation process is performed on eachofthe pixel
`
`values, the subtraction process is performed on the pixel values by deriving a difference between
`
`the pixel values, as taught by Liu, to improve compression and quality of video (Liu [0045 ]-
`
`[0046], [0337]).
`
`Regarding claims 3 and 6, Xiu and Liu discloseall limitations of claims 1 and 4,
`
`respectively.
`
`Xiu discloses wherein in the commonderiving method, a shift amountin the shift
`
`operation process is samefor both the case wherethe prediction image is generated accordingto
`
`the BDOFandthe case wherethe prediction image is generated according to the PROF (Xiu
`
`[0106]-[0109]: one improvedbit-depth representation method by extending the bit-depth
`
`representation method of the BDOF to the PROF. In the proposed method,the horizontal
`
`and vertical gradients at each sample position are calculated as in equations (13)-(16),
`
`whichhasa shift amount max(6,bitCdepth-6) as in (13). The method is extended to the
`
`

`

`Application/Control Number: 17/537,930
`Art Unit: 2486
`
`Page 8
`
`BDOFand the PROF; [0107]: the PROF difference at the sample position is derived as in
`
`equation (14) with a shift amount of (13-dMvBits), wherein dMvBits is the bit-depth of the
`
`gradient values that are used by the BDOFprocess. Hence, the shift amount in both case of
`
`the BDOFand the PROFis the same).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KATHLEEN V NGUYENwhosetelephone numberis (571)270-
`
`0626. The examiner can normally be reached on M-F9:00am-6:00pm.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Jamie Atala can be reached on 571-272-7384. The fax phone numberfor the
`
`organization where this application or proceedingis assignedis 571-273-8300.
`
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`
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`
`/KATHLEEN V NGUYEN/
`Examiner, Art Unit 2486
`
`